Journal of familiarization with the local acts of the organization. Ways to familiarize the employee with the local regulations of the organization

Such a document provides a summary of all approved normative acts of internal significance, designed for repeated use, which establish the procedure for managing employees.

Local regulations (LNA), which are given in the journal:

job descriptions (regulate the scope of duties and competence of issues resolved by employees);
various provisions, such as pay or personal data handling;
collective agreements (perform the functions of coordinating labor relations);
labor regulations and others.

In accordance with the law, the employer is obliged to familiarize employees with the LNA, whose jurisdiction affects their activities, against signature (Articles 22 and 68 of the Labor Code of the Russian Federation). This applies to both existing and newly hired employees. The staff should get acquainted with the LNA that regulate the processing of personal data in the company (clause 8 of article 86 of the Labor Code of the Russian Federation).

Familiarization of employees with LNA is a necessity and importance not only in connection with the requirements of the law. This procedure legally fixes the duties of the employee, which are not clearly fixed in the employment contract, but are of high importance in building legal relations between the employee and the company.

For example, if an employee has not familiarized himself with the provision on trade secrets (local acts typical for most enterprises), the company will not be able to file a claim against him in the event of a leak of secret data outside of it. In turn, if the employee signed this act, the company will be able to hold him accountable.

By law, the employer is obliged to familiarize the employee with the internal regulations, the collective agreement and other regulations that are directly related to his duties, before signing the employment contract (Article 68 of the Labor Code of the Russian Federation). However, a number of documents are offered to the employee in the course of employment. These are shift schedules (Article 103 of the Labor Code of the Russian Federation), orders for the application of disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation), papers on personnel records.

Familiarization log structure

The document consists of several sheets. It most often fixes:

local acts approved at the enterprise for the period of providing the document to the employee for signature;
FULL NAME. and positions of employees who must sign;
departments of the enterprise where the staff works;
date of familiarization of personnel with internal papers.

The structure of the magazine also provides columns for the signatures of employees, certifying that they are familiar with the necessary list of internal regulations.

The journal is approved by the head of the enterprise.

Who leads, where and how much is stored

Keeping a log of familiarization with the LNA is usually carried out by a personnel officer.

The period of storage of the journal is determined by the director of the organization, since this period is not established by law. However, sometimes it is necessary to establish long retention periods. This applies to situations where LNA have a permanent shelf life or a shelf life of 10 years.

The enterprise is also obliged to keep internal regulations, the validity of which has expired. The retention periods for the workflow are established by the List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the retention periods approved by Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 No. 558.

How to compose

There is no specific approved form. Any organization or its division can develop its own with as many pages as it needs. However, the basic structural elements given above should be followed.

In the sample, acts for review are formed into groups (internal regulations, provisions on wages, etc.). When hiring new employees, it is more convenient to acquaint them with internal documentation in sections. Practice shows that companies with a large number of employees usually create separate journals for each type of internal regulation.

Labor legislation establishes the obligation to familiarize newly hired employees with local acts that are in force in this organization.

How to carry out this procedure, in what form and in what time frame - we will outline below.

Acquaintance methods

Each employee of the organization must be personally acquainted with all local documents relating to his work activity.

Such documents include:

vacation schedule;

collective agreement;

staffing;

job description;

bonus provision;

internal labor regulations;

other documents accepted by the employer.

The fact of familiarization can be confirmed by the signature of the employee on a separate document, which may include:

an application that is part of the employment contract;

familiarization log. It is advisable to draw up this document when an employee studies several acts;

a sheet of familiarization with local regulations and its sample. It occurs most often and is attached to each local act (this option is suitable for organizations with a small number of staff positions).

Familiarization should take place before signing the contract with the employer. At the same time, it does not matter in what form the LNA was provided to the employee. This can be either a printed document or an e-mail distribution used in large organizations.

If the employer violated the rules provided for by labor legislation and did not familiarize the employee with the necessary acts, then he may be held administratively liable.

In this case, the employer will face an administrative fine for violating the norms of the Labor Code of the Russian Federation, and in the event of a repeated offense, the amount of the fine will increase significantly.

Familiarization sheet with local regulations, sample filling

This document is an annex to the local act of the organization and includes the following information:

the title of the document indicates the name of the organization that adopted the act and its organizational and legal form;

the name of the act with which the employee will be familiarized before signing the employment contract;

This sheet is filled in by the employee by hand and is drawn up for each document separately. That is, if the organization has three local acts that relate to employees, their rights and obligations, then the employee must familiarize himself with three acts and fill out three sheets of familiarization with them.

The same sheet can be drawn up not only to the normative act itself, but also to the employment contract. Its structure will not differ except that it indicates the number and date of the contract to which it is attached.

The journal for familiarizing employees with local acts contains several tables, each of which will relate to a specific act.

Below is a standard sheet of familiarization with local regulations sample, a version of which can be downloaded for free.

Journal of familiarization with local regulations - sample its design is presented in our article. It may be necessary both due to the requirements of the law, and for objective reasons. What are the features of this document, we will consider further.

Why do we need a journal of familiarization with local regulations

In accordance with the provisions of Art. 22 and 68 of the Labor Code of the Russian Federation, the employer is obliged, against signature, to acquaint employees, both new (hired) and already working, with local regulations (hereinafter - LNA), the jurisdiction of which affects their labor activity.

In addition, according to paragraph 8 of Art. 86 of the Labor Code of the Russian Federation, employees should get acquainted with the LNA that regulate the processing of personal data in the company.

Important! Apart from the fact that familiarization of employees with LNA is the duty of the employer company by law, the corresponding procedure is important from the point of view of legally securing the duties of an employee that are not provided for by an employment contract, job description and other standards, but are critical in building labor relations between this employee and employer.

For example, if an employee is not familiar with the provision on trade secrets (typical for many LNA enterprises), the company will not be entitled to make any claims regarding the leakage of secret information outside the enterprise. In turn, if the employee confirmed his familiarization with the relevant LNA by signing, the company will be able to hold him accountable.

The procedure for familiarizing employees with certain LNA is not regulated by law. In practice, it can be implemented by using the journal discussed in this article.

Journal structure

This document usually contains:

LNA, approved in the organization at the time of submission of the journal to the employee for signature;
Full name and position of employees who must certify with their signature the fact of familiarization with one or another regulatory act;
structural divisions in which employees who sign in the journal work;
dates of familiarization of employees with LNA.

The structure of the journal should also provide columns for affixing the signatures of employees certifying their familiarization with the LNA listed.

The document is approved by the head of the enterprise.

Where to download a sample log

You can download the completed form of the journal of familiarization with the LNA on our portal. We have prepared a source for you, designed in accordance with the structure we have considered in the article.

The Labor Code of the Russian Federation (Part 3, Article 68) establishes the obligation of the employer, even before hiring an employee, to acquaint him with local regulations (LNA), binding by law for all employees or necessary for him due to his labor function. However, the form and procedure for familiarizing employees with the legislation is not provided. Therefore, you can use any means of familiarization - the main thing is that this fact be confirmed by the signature of the employee.

The following points should be taken into account when carrying out familiarization activities:

The employee responsible for hiring must familiarize the applicant with all current LNAs even before concluding an employment contract with him. Moreover, his signature is needed in relation to both mandatory LNA (internal labor regulations, collective agreement, documents on labor protection, provisions on personal data, wages), and those acts that are additionally adopted by the organization and directly relate to the activities of this employee (regulations on the branch , structural subdivision, document flow, trade secrets, etc.).
Employees must be introduced to new or changed LNA in the manner prescribed by the order on the introduction of these documents into force.

How to get acquainted with local regulations

In practice, companies use:

affixing the signatures of the employee on familiarization in the employment contract;
journal of familiarization with the LNA;
leaflet in the personal file of the employee, etc.

As one of the possibilities, it is proposed to use the LNA familiarization sheet. It can be made an annex to the employment contract; in this case, if necessary, it will be easier to find the appropriate signature of the employee. Another option is an application to the LNA, which they get acquainted with.

The sheet can be completed manually or on a computer.

Why is it necessary to take such a serious approach to the procedure for familiarizing employees with LNA?

This is a direct obligation of the employer, failure to comply with which is an administrative offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (see the decision of the Supreme Court of the Russian Federation of October 10, 2011 No. 4-AD11-8).
The correctness of the procedure and the presence of the signature of the employee play an important evidentiary role in the event of disputes (appellate ruling of the Kostroma Regional Court dated October 21, 2013 in case No. 33-1782).

A sample sheet of familiarization with local regulations can be downloaded from the link: sample sheet of acquaintance with LNA.

So, the familiarization sheet is one of the ways to confirm the fact that the employee knows the texts of internal regulatory documents. It is drawn up in free form. It is convenient to have one familiarization sheet either for a specific regulatory act (and keep with this act), or for an employee (and keep in a personal file).

- used to collect signatures of employees on familiarization with local regulations.

When hiring (before signing the employment contract), the employer must familiarize the employee against signature with the rules of internal labor regulations, other local regulations directly related to the labor activity of the employee, the collective agreement.

(Labor Code of the Russian Federation, Part III, Art. 68)

O part of local regulations, mandatory for each organization, says the Labor Code of the Russian Federation:

when concluding employment contracts, HR specialists should, if possible, be guided by the names of positions, specialties, professions (indicating qualifications) included in staffing organizations (Article 57 of the Labor Code of the Russian Federation);
having concluded an employment contract with the employer, the employee is obliged to comply with the regulations in force in the organization internal labor regulations(Art. 56,189,190 of the Labor Code of the Russian Federation);
employees of the organization must be familiarized with the documents establishing the procedure for processing personal data employees, as well as their rights and obligations in this area (clause 8, article 86 of the Labor Code of the Russian Federation);
during shift work, each group of workers must perform work during the established working hours in accordance with shift schedule(Article 103 of the Labor Code of the Russian Federation);
The order of granting paid holidays is determined annually in accordance with vacation schedule(Article 123 of the Labor Code of the Russian Federation).

Along with the local regulations expressly provided for by the Labor Code of the Russian Federation, the employer, carrying out local rule-making, can also accept other documents containing labor law norms necessary to solve emerging problems in relations with employees.

View of the main section of the journal:

According to GOST 31282-2004 control seal- a unique single-use indicator device designed to detect the fact of unauthorized access.

Before starting work with the Journal, it is necessary to fill in the title page and the certification note. It is obligatory to enter the number of the seal in the appropriate line; without this, the Journal is not considered sealed.

Regulatory Materials:

What are the requirements for personnel registers and how the journal should be designed in accordance with these requirements, see our video.

Useful information:

"How, in the case of an inspection by the State Labor Inspectorate, to confirm that the employee is familiar with local regulations just before signing the employment contract, and not after that?"

According to part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement. The job description, as a rule, is also a local regulatory act of the employer (in rare cases, it is an annex to the employment contract).

Some employees, after applying for a job, begin to resent that, when signing an employment contract, they counted on other working conditions, working hours, pay, a different composition and scope of duties, rights and responsibilities, that, knowing “everything”, they would not get a job . It happens that after signing an employment contract, the employee no longer wants to sign local regulations and comply with them. To avoid unnecessary dissatisfaction and disputes, it is possible to familiarize the employee with before signing an employment contract with him with the conditions established in the local regulations of the employer, the collective agreement.

The procedure for familiarization with local regulations is not defined by the Labor Code of the Russian Federation; in practice, there are various options:

Doing familiarization magazines with local regulations, in which employees put their signatures confirming familiarization and indicate the dates of familiarization,

Familiarization sheets are attached to the local regulatory act, on which employees put their signatures confirming familiarization and the dates of familiarization (such sheets are stitched along with the local regulatory act).

When hiring an employee, the text of the employment contract may include a phrase stating that the employee, before signing the employment contract, is familiar with the local regulations of the employer, and these acts are listed.

As a rule, both in the journals and in the familiarization sheets there is a column “Date of familiarization of the employee with the local regulatory act”. Some personnel specialists, when familiarizing an employee with local regulations, ask him to set not only the date, but also the time of familiarization (the column in the journal or familiarization sheet is already called “Date and time of familiarization of the employee with the local regulatory act”), thus emphasizing compliance with the requirements of the code on the fact that the employee must be familiar with the local regulations of the employer, directly related to the labor activity of the employee, before signing the employment contract.

Accordingly, when signing an employment contract, the employee is asked to set the time. We do not object to such diligence, but we believe that when familiarizing the employee with the local regulations of the employer, it will be sufficient to set the date of familiarization, and include in the employment contract the phrase that the employee, before signing the employment contract, is familiar with the local regulations of the employer (with a listing of these acts ).

A certain procedure for familiarization with local regulations can be enshrined in such an act itself. Before familiarizing an employee with local regulations, you need to find out the familiarization procedure that your employer has. It is important that the established procedure does not contradict the law. So, if you have established that employees are familiarized with local regulations orally or by hanging them on a stand, then this procedure contradicts the requirement of Art. 67 of the Labor Code of the Russian Federation on familiarization of employees against signature with the local regulations of the employer, therefore, it is not legal.