About documenting relations in the world of work. The bill on personnel records: the latest news of the Federal Law on documenting relations in the world of work

Workshop program

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More about the program

Workshop program

Draft Federal Law “On documenting relations in the labor sphere”.

• The main trends in the development of personnel records management and their reflection in the draft law.
• Controversial and difficult to document situations in labor relations and the procedure for their resolution, included in the draft law.

Entry into force (in full) of the Federal Law “On Personal Data).

• Employer documents related to the protection of personal data.
• The employer's responsibility for violation of the rights of employees in the field of personal data protection.

Recruitment documentation.

• Judicial practice on refusals to conclude an employment contract.
• Local regulations of the employer, errors in the development and design.
• Employment contract: disputable opinions on a fixed-term employment contract, a test condition for actual admission to work, etc.
• Registration of a work book and a T-2 card.

Documenting changes and termination of an employment contract.

• Documentation for part-time jobs, combination of positions, performance of duties of a temporarily absent employee.
• Changing the terms of an employment contract without the consent of the employee, permanent and temporary transfer to another job - features of documentation.
• Documenting the grounds for termination of an employment contract, typical mistakes, court practice.

Employer documents required to record working hours and rest hours.

• Keeping records of working hours. Summarized accounting of working hours. Errors when filling out the timesheet.
• Documenting work in excess of the established working hours (overtime work, irregular working hours). Shift schedules and flexible schedules.
• Types of rest time. The difference between weekends and non-working holidays.
• The ILO Convention "On Leave with Pay" and the employer's obligations to provide employees with annual paid leave. Vacation schedule, vacation division into parts. Errors made by the employer when giving the employee a vacation. Transfer of vacation, recall from vacation.
• Exercise of the right to leave upon dismissal.

PERSONAL DATA IN HUMAN RESOURCES

The activities of any employer are associated with the selection of personnel, as well as with the accumulation, processing, storage and use of significant amounts of information about employees. As a result, in the work of the personnel department, a complex of so-called personal data of employees is formed, which is included in the range of information subject to protection from unauthorized access. We will talk about this in our article.

Article 23 of the Constitution of the Russian Federation guarantees personal secrecy, family secrets, inviolability of private life, protection of the honor and good name of a citizen.
The disclosure of this secret, that is, the unauthorized, uncontrolled distribution of personal data in time and space, can cause significant damage to the subject of personal data.
The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) sets out the basic requirements for the processing of employee personal data and guarantees of their protection. So, chapter 14 of the Labor Code of the Russian Federation is called "Protection of personal data of an employee" and enshrines articles 86 - 90 inclusive.
We remind you that earlier this chapter also included Article 85, which consolidated the concept of personal data and the concept of processing personal data. This norm has ceased to be in force, as indicated by the Federal Law of 05/07/2013 N 99-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On Ratification of the Council of Europe Convention on the Protection of Individuals with Automatic Processing of Personal data ”and the Federal Law“ On Personal Data ”.
Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (hereinafter referred to as Law N 152-FZ), personal data is defined as any information relating to a directly or indirectly identified or identifiable individual (subject of personal data).
Personal data identifies the identity of each person. The subjects (owners) of personal data are citizens of the Russian Federation, foreign citizens and stateless persons located on the territory of the Russian Federation, to whose identity the relevant personal data belongs.
Operators of personal data, organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data, may be state bodies, municipal bodies, legal or physical faces.

Human Resources Law

REGULATORY LEGAL ACTS REGULATING THE WORK OF THE HUMAN RESOURCES DEPARTMENT

The work of the HR department in the organization is necessarily documented. The preparation, execution of documents, work with them and their storage are determined by legislative and regulatory legal acts, the implementation of which is mandatory for the personnel department. In addition, local regulations are developed in each organization. For more information about the regulations governing the work of the HR department, read the presented material.

Modern legislation requires the employer to draw up a large number of documents reflecting various aspects of labor relations with employees.
Such documents are developed and executed by employees of the organization's personnel service together with employees of the legal department. The value of personnel documents is determined by the fact that they contain the information necessary for citizens to exercise the right to work, education, retirement benefits, and so on, so the personnel service in the organization should be guided by laws, regulations, instructions and other documents containing labor law norms.
First of all, employees responsible for office work for personnel must know the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

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In this case, only part of the document is provided for review and avoidance of plagiarism of our developments.
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Clerk's cheat sheet

Your personal guide to the world of documents

10 March, 2015

Regulatory documents for office work. Part 1

In his work, a clerk often has to clarify and search clerical standards that you can refer to. They help to convince people that we are right, on their basis we can introduce and develop new documents. Where to find a complete list regulatory documents for office work? What documents should be used? What are the clerks guided by in practice?

We will answer these questions in our article.

Who regulates the field of office work in our country?

Records management is regulated by the Federal Archival Agency. It controls the organization of documents in the office work of the federal executive bodies, provides methodological support for the office work sphere, and ensures the development of the office work system as a whole.

The activities for the unification and standardization of documents, the development of all-Russian classifiers are coordinated by the Federal Agency for Technical Regulation and Metrology (Gosstandart).

Research work in the field of archiving and records management, as well as the development of methodological recommendations is carried out by the All-Russian Research Institute of Records Management and Archival Affairs (VNIIDAD)

The organization of office work in federal executive bodies is ensured by the Government and the federal executive bodies themselves. They develop the regulatory legal acts necessary for their department, which are taken as a basis for the work of other organizations.

Human Resources Bill: Latest News

How it all began

The draft law, tentatively titled "On documenting relations in the world of work," which is known to some as the draft law on personnel records, began to be developed in 2009. It was written by a working group under the State Duma Committee on Labor, Social Policy and Veterans Affairs, which included experts in the field of labor law.

The concept and approximate structure of the draft federal law appeared on the Internet rather quickly. Another crude document was offered for discussion to personnel officers: everyone could express their position, leave their proposal, recommend an amendment or a specific wording.

What the document is about

As one of the working group members explained, in 2009 Deputy Chief of Staff of the Duma Labor Committee Alexander Leonov, the idea to write a draft arose after numerous complaints from personnel officers that there was a law on accounting for accountants, but there was no law on personnel accounting for them. On a proactive basis, the idea to write such a law appeared.

The main purpose of the document is to settle the main issues of keeping records of personnel, as well as the creation, maintenance, systematization, storage of personnel documentation, including taking into account the safety and restriction of access to personal data of employees. In other words, it was proposed that one single law should become a kind of code for personnel officers.

The developers suggested the following chapters:

General provisions (goals and objectives, scope, basic concepts, documenting relations, principles of activity)

Organization of personnel work (personnel service, its structure, rights and obligations)

Personnel accounting (objects and tasks of personnel accounting, requirements for maintaining personnel records, organizing personnel records with various employers)

Documenting relations in the world of labor (types, content, details and certification of primary accounting documents, the mandatory use of unified forms, features of documenting labor relations with certain categories of workers, the procedure for using seals and stamps of the employer, LNA, work books, job descriptions)

HR records management (regulatory and legal framework, mandatory registration of HR documents, registration forms (magazines and books), monitoring the execution of HR documents, storage and transfer of documents to the archive, the procedure for considering written and oral requests from employees)

The employer's archives and the transfer of documents for storage to the state or municipal archives upon liquidation or termination of the employer's activities

Responsibility for violation of the law

Those who read the draft disagreed. Some said that in this version, the law largely duplicates the Labor Code of the Russian Federation, so it is not needed. Others believed that the idea of ​​putting together all the rules for preparing HR documentation was very useful and convenient, but did not support the initiative to create separate HR services in small enterprises or at individual entrepreneurs.

You can independently familiarize yourself with the preliminary text of the document and see what exactly was proposed.

Concept and approximate structure of the draft federal law "On documenting relations in the world of work"

Outlawed personnel

Despite the fact that many companies continue to hold seminars on the new bill, the TC Club managed to find out that its development was not just frozen, but completely removed from the State Duma's agenda. As clarified managing partner of the law firm "Kasenov & Partners" Ekaterina Kasenova, the authors did not advance beyond the concept of the draft Federal Law. This document also disappeared from the list of drafts of the State Duma being prepared. Moreover, under the Duma Committee on Labor, Social Policy and Veterans Affairs, there is no longer officially a working group that was created to develop a law on personnel records. Most likely, it was disbanded, and no work is being done.

Why exactly they stopped developing the document, our editorial staff did not receive an official answer. Perhaps the officials decided that it was no longer relevant. One way or another, until 2021, when the new composition of the State Duma will be elected, personnel officers may not worry - they will not have a new law on personnel accounting.

HR administration 2018

Related Articles

Amendments to the Labor Code, adopted last year, affected many personnel documents that should be in the organization in 2018. They relate to changes in the conditions of employment, remuneration, determination of the qualification level of applicants for a number of positions, and the provision of some social guarantees.

A number of innovations make it easier and easier to maintain HR documents in 2018, which should have a positive impact on the state of small business. Consider what HR personnel should prepare for.

HR record keeping in 2018

HR administration is a set of measures that include the development and maintenance of documents related to personnel. Most of the requirements for personnel documents in 2018 remained unchanged. Personnel records are mandatory for absolutely all employers, although some of them have the opportunity to do this in a somewhat truncated form.

The ban on agency labor, introduced back in 2016, continues to operate. This means that an employment contract must be concluded with all employees performing a labor function in the employer's territory. The only exception can be outsourcing of a number of non-core functions, for which a civil law contract is concluded.

With regard to directly personnel office work, all documents that need to be kept in relation to personnel are drawn up in accordance with the requirements of the Labor Code, a number of by-laws and departmental instructions. Responsible (or responsible) for the performance of such work is appointed by order of the organization.

HR administration in 2018: basic documents

In order to understand what documents on HR administration should be in the organization, we will analyze the labor legislation and present the resulting result in the form of a table. For most of them, there are unified forms developed and approved by Goskomstat. Their use is not mandatory, but greatly facilitates the work of personnel services employees.

HR administration-2018: basic documents

Document

Normative base

Internal labor regulations

Personal data protection regulation

Employee remuneration and incentive provisions

OSH instructions and briefing logs

Section 10 of the Labor Code of the Russian Federation

Art. 123 of the Labor Code of the Russian Federation, the unified form was approved by the Decree of the State Statistics Committee No. 1 in 2004.

Art. Art. 16, 56, 67 of the Labor Code of the Russian Federation

The unified form was approved by the Decree of the State Statistics Committee No. 1 in 2004.

The unified forms were approved by the Decree of the State Statistics Committee No. 1 in 2004.

Book of accounting of work books and inserts

Resolution of the Ministry of Labor No. 69 of 2003

Time sheet

The unified form was approved by the Decree of the State Statistics Committee No. 1 in 2004.

List of positions for which an irregular day is established

Shift Schedule for Manufacturing Plants

Contracts for complete mat. responsibility

Regulations on commercial and other secrets

Relevant Federal Laws

Regulation on attestation (if carried out)

Logs of registration of orders, certificates, etc.

Changes in HR administration in 2018

Russian labor legislation is a dynamic and constantly improving system. A number of norms of this document, which came into force in 2018, also apply to mandatory documents for personnel records management. Consider what exactly needs to be changed in the work of the HR department.

1. Increase the value of the minimum wage. From July 1, it will be equal to 7800 rubles, which is 4% higher than the previous value. For employers, this will mean a revision of the terms of remuneration and the inclusion in employment contracts concluded with newly hired workers, provisions that take into account this change. Recall that the employer does not have the right to pay less than the minimum wage for a full day, shift or week.
2. Simplification of HR records for small businesses eligible for microenterprises. Below, using the example of an individual entrepreneur, we will take a closer look at this innovation and name the necessary personnel documents, samples and forms of 2018.
3. Independent assessment of qualifications. The federal law regulating its implementation was adopted in July 2016 and entered into force on 01.01.2017. Applicants pass it either at their own expense or in the direction of the employer. Evaluation is carried out in the form of an exam following which a certificate is issued. A negative result is reflected in the conclusion with recommendations for improving knowledge. An initiative to undergo an independent assessment can also come from the employer. But in order to send an employee to the exam, his written consent is required. During the exam, the employee retains his position and salary, and travel expenses are reimbursed.
4. The terms of salary payments have been tightened. If earlier employers could establish them themselves, now in Art. 136 TC sets deadlines - no later than the 15th day of the month following the worked one.

1. The employer's liability for delays in payments due to employees has increased. The compensation that is due to employees for each day of missing the transfer or issuance of wages, vacation pay or other funds has doubled and has already amounted to 1/150 of the refinancing rate of the Central Bank of the Russian Federation. The accrual of such a fine begins on the next day of payment established by law or internal act and continues until the actual day of payment.
2. Labor books were allowed not to be certified with a round seal. A corresponding change in the instructions for filling them out was made by the Order of the Ministry of Labor on October 31, 2016. To certify the made records of admission, transfer, etc., it is enough to use the seal of the personnel service, if available.
3. The list of grounds for an unscheduled visit of representatives of the labor inspectorate has been supplemented. Now, in order to verify the employer's compliance with labor legislation, the State Inspectorate's inspectors only need information about existing delays in wages and other payments or setting their size below the minimum level provided by law. In addition to compensation due to employees, such an employer will pay a fine imposed on him by the labor inspectorate.
4. In municipal and state organizations (institutions and enterprises), the salaries of directors and chief accountants were “tied” to the earnings of other employees. The ultimate "fork" is set by the Government of the Russian Federation and the subjects or local authorities.
5. The list of documents required for the conclusion of an employment contract includes one more certificate - about the absence of administrative penalties for the use of substances related to narcotic or psychotropic substances. Such a document is not mandatory for everyone, but only if such a requirement for an employee is established by law. The corresponding additions are included in Art. 65 of the Labor Code of the Russian Federation.
6. Reduced the permissible share of attracting foreign workers in some industries. So, in the field of passenger and cargo transportation by land transport, it has been cut down to 30%. At the same time, foreign drivers are required to have a Russian-style license. The ban on the use of foreign driving licenses for workers in the transport industry will come into effect on June 1, 2017, so employers have time to prepare.

1. The deadlines for claims in some labor disputes have changed. In particular, now it is possible to achieve justice in case of non-payment of wages or part of it, especially in case of dismissal, not within three months, as it was before, but within a year. This measure is intended to protect workers from the arbitrariness of unscrupulous employers who have used the reduced statute of limitations for such claims.
2. Changes in the design and payment of certificates of incapacity for work. Paper sick leaves will be replaced by an electronic document. This will reduce the time it takes to process payments for them for personnel officers and accountants. In addition, it is almost impossible to forge or lose such a document. At the same time, officials increase the length of service required to receive full disability benefits. In 201 7g. its term will increase to 9 years. It is planned to gradually bring it up to 15 years. For those who have worked for 8-15 years, the amount of the benefit will be equal to 80%, and up to 8 years - 60% of earnings.

HR administration instruction

Personnel documents for individual entrepreneurs in 2018

For an individual entrepreneur, the maintenance of personnel records becomes necessary only when he acts as an employer. If he receives income only from his own business, then there is no need for any documentation, except for accounting and tax.

Some HR documents for individual entrepreneurs in 2018 are no longer required. This innovation is provided for by the Law of 03.07.2016, No. 348-FZ. According to its provisions, the so-called micro-enterprises are exempted from the need to keep personnel records. This category can include both individual entrepreneurs and legal entities. The law calls the following features as criteria for classifying it as microenterprises:

• number of employees up to 15 people;
• total annual income does not exceed 120 million rubles;
• for an LLC among the founders, the share of other legal entities does not exceed 49%.

Indulgence for small businesses does not mean the possibility of not keeping personnel records at all. We are talking only about a number of local acts, such as PTP, provisions on wages and bonuses, vacation and shift schedules, etc. However, all the conditions that are usually included in such documents must be spelled out in labor contracts concluded with employees. Their presence is still required.

Documents such as the following are still required:

• staffing table;
• personnel orders (on admission, transfer, dismissal, granting leave, etc.);
• time sheet;
• personal cards;
• work books.

Album of forms of documents of the personnel department ( fragment)

All companies eligible for microenterprise regulations founded in 2018 and later are required by order to consolidate the opt-out. HR record keeping, list of documents which can be omitted. The same individual entrepreneurs that were registered earlier can also simplify their work. But the order will also have to indicate that the previously adopted documents will lose their validity.

In order to ensure that the refusal to draw up personnel documentation in small businesses does not lead to a massive violation of the rights of employees of such enterprises, the Government expects to develop and approve a standard labor contract, which will take into account all the necessary nuances regarding working conditions, remuneration and social guarantees. Corresponding amendments regarding the specifics of employment in micro-enterprises will appear in the Labor Code as a separate chapter.

With the growth of the state or the increase in profits, that is, with the transition to the category of a small or medium-sized enterprise, concessions in terms of personnel accounting become invalid. The entrepreneur is given four months to start the HR administration in full practically from scratch.

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FEDERAL LABOR AND EMPLOYMENT LEGISLATION

The main legislative act governing labor and other relations directly related to them at the federal level is. The Labor Code is a codified federal law. According to article 5 of the Labor Code of the Russian Federation, the labor law provisions contained in other federal laws must comply with the Labor Code of the Russian Federation. In case of contradictions between the Labor Code of the Russian Federation and another federal law containing labor law norms, the Labor Code of the Russian Federation shall apply. If a newly adopted federal law containing labor law norms contradicts the Labor Code of the Russian Federation, then this federal law is applied subject to the introduction of appropriate amendments to the Labor Code of the Russian Federation. Thus, the Labor Code occupies a special, priority position in the system of federal labor legislation.

Constitution of the Russian Federation. This follows both from the text of the Constitution of the Russian Federation and from the text of the Labor Code of the Russian Federation itself. Also, the Labor Code of the Russian Federation establishes (Article 5) that the regulation of labor relations is carried out in accordance with federal constitutional laws, and the Constitution of the Russian Federation establishes a provision, according to which federal laws (including the Labor Code of the Russian Federation) cannot contradict federal constitutional laws. In addition, both the Constitution of the Russian Federation and the Labor Code of the Russian Federation itself establish the priority of the generally recognized principles and norms of international law and international treaties of the Russian Federation over Russian labor legislation.

In addition, it should be borne in mind that Federal Law of June 30, 2006 N 90-FZ "On Amendments to the Labor Code of the Russian Federation, the recognition of some normative legal acts of the USSR as invalid on the territory of the Russian Federation and some legislative acts ( provisions of legislative acts) of the Russian Federation ", following the relevant provisions Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" and Federal Law of January 8, 1998 N 8-FZ "On the Basics of Municipal Service in the Russian Federation", renounced the priority of the Labor Code of the Russian Federation in the regulation of service relations of state and municipal civil servants, to whom labor legislation and other acts containing labor law norms are applied subsidiary.

Federal legislative acts containing labor law standards include the following:

From 19.04.1991 N 1032-1 defines the legal, economic and organizational foundations of the state policy to promote employment of the population, including state guarantees for the implementation of the constitutional rights of citizens of the Russian Federation to work and social protection from unemployment.

From 12.01.1996 N 10-FZ establishes the legal basis for the creation of trade unions, their rights and guarantees of activity, regulates the relations of trade unions with public authorities, local governments, employers, their associations (unions, associations), other public associations, legal entities and citizens ... In accordance with the Labor Code of the Russian Federation, trade unions act as a party in relations of social partnership in the labor sphere as representatives of workers.

The parties to social partnership, according to article 25 of the Labor Code of the Russian Federation, are employees and employers represented by representatives duly authorized in the established manner. State authorities and local self-government bodies are parties to social partnership in cases when they act as employers, as well as in other cases provided for by labor legislation. Employee representatives, as mentioned above, are trade unions, as well as their associations, other trade union organizations provided for by the charters of all-Russian, interregional trade unions, or other representatives elected by employees in cases stipulated by the Labor Code of the Russian Federation. The interests of the employer in collective bargaining, concluding or changing a collective agreement (for collective agreements, see the menu section), as well as in considering and resolving collective labor disputes between employees and the employer are represented by the head of the organization, the employer is an individual entrepreneur (personally) or persons authorized by them. When conducting collective bargaining, concluding or changing agreements (for agreements, see the menu section), resolving collective labor disputes regarding their conclusion or amendment, as well as when forming and carrying out the activities of commissions to regulate social and labor relations, the interests of employers are represented by the relevant associations of employers. The specifics of the legal status of the employers' association are established. This law is not aimed at regulating labor and relations directly related to them, it defines the legal status of one of the parties to social partnership in the labor sphere - employers' associations - non-profit organizations that unite employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions , public authorities and local governments.

According to article 35 of the Labor Code of the Russian Federation, in order to ensure the regulation of social and labor relations, collective bargaining and the preparation of draft collective agreements, agreements, the conclusion of collective agreements, agreements, as well as to organize control over their implementation at all levels on an equal basis by the decision of the parties, commissions of representatives of the parties endowed with the necessary powers. At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations is formed, the activities of which are carried out in accordance with Art. Members of the Russian tripartite commission for the regulation of social and labor relations are representatives of all-Russian associations of trade unions, all-Russian associations of employers, and the Government of the Russian Federation.

Determines the state policy in the field of social protection of disabled people in the Russian Federation and contains articles providing for guarantees of employment and ensuring working conditions for disabled people.

Determines the legal status of foreign citizens in the Russian Federation, and also regulates relations between foreign citizens, on the one hand, and state authorities, local self-government bodies, officials of these bodies, on the other hand, arising in connection with the stay (residence) of foreign citizens in Of the Russian Federation and their implementation in the territory of the Russian Federation of labor, entrepreneurial and other activities.

Law of the Russian Federation "On Collective Agreements and Agreements" dated 03.11.1992 No. 2490-1 and Federal Laws "On the Procedure for Resolving Collective Labor Disputes" dated 23.11.1995 No. 175-FZ and "On the basics of labor protection in the Russian Federation" dated 17.07.1999 No. 181-FZ from February 1, 2002, i.e. from the date of entry into force of the Labor Code of the Russian Federation of December 30, 2001, were applied in the part that did not contradict it (Article 423 of the Labor Code of the Russian Federation), and expired in connection with the adoption of the Federal Law of 30.06.2006 No. 90-FZ "On Amendments to the Labor Code of the Russian Federation, the recognition of some normative legal acts of the USSR as invalid on the territory of the Russian Federation and the invalidation of some legislative acts (provisions of legislative acts) of the Russian Federation" which entered into force 90 days after the day of its official publication (published in the Collection of Legislation of the Russian Federation - 07/03/2006, in the Rossiyskaya Gazeta - 07/07/2006). At present, the relations governed by these invalid legislative acts are governed by the Labor Code of the Russian Federation.

Administrative and criminal liability for violation of labor legislation and labor protection is established by Articles and, respectively.

Concept of the draft federal law

"On documenting relations in the world of work" 1
Basic provisions of the concept of the draft federal law

"On documenting relations in the world of work"
According to the authors of the concept, the draft federal law "On documenting relations in the world of work" should:

• 
  determine the goals, objectives and principles of organizing the documentation of labor relations and other relations directly related to them in the Russian Federation;
• 
  be aimed at regulating the main issues of keeping records of personnel; creation, maintenance, systematization, storage of personnel documentation (including ensuring the safety of information requiring protection and restricting access to it in accordance, in particular, with Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection" , Federal Law No. 152-FZ of July 27, 2006 "On Personal Data");
• 
  to ensure the possibility of using HR documentation to build an effective personnel management system and analyze trends in the movement of personnel in an organization (for an individual entrepreneur).

The subject of legal regulation of the law should include both the personnel record system itself and the documenting of the main stages of the implementation of the individual labor relationship arising between the employee and the employer on the basis of the concluded employment contract, as well as the organization of personnel records management.

The law is supposed to apply to all employers, including employers - individuals who are not individual entrepreneurs. The law should regulate the procedure for working with all types of personnel documents (accounting, organizational, administrative, information and reference).

The purpose of the law should be to ensure correct, timely and reliable accounting of personnel by each employer to whom this law applies, to establish rules in the field of documenting labor relations and maintaining personnel records, taking into account the specifics of various types of employers (legal entities, individual entrepreneurs, individuals, not who are individual entrepreneurs, small businesses, etc.).

The draft law should contain a definition of the main concepts used in the law 2, such as personnel records management, personnel service, personnel service structure, personnel records, personnel records, forms of personnel records, the volume of workflow of personnel documents, confidentiality of personnel documents, access to personnel documents, etc. NS. At the same time, some definitions (for example, the term “personnel documents”) already exist in the current legislation, which should be taken into account when developing the formulations of the basic concepts in the text of the draft law, taking into account the specifics of the subject of its legal regulation.

The bill should formulate the basic principles of organizing the activities of the personnel service, legal regulation of personnel records, documenting labor relations and personnel records management, namely:

1) the organization of personnel office work and the activities of the personnel service in accordance with the current legislation;

2) the legality of the goals and methods of accounting for personnel;

3) the reliability of personnel records;

4) the conscientiousness of personnel records;

5) ensuring the safety of credentials within the established time frame;

6) ensuring the protection of personal data of employees;

7) the obligation to document relations in the world of work;

8) the obligatory registration of personnel documentation;

9) the obligation to systematize and ensure the safety of personnel documentation.

The bill should indicate that the legislation in the field of staffing is based on the Constitution of the Russian Federation and international treaties of the Russian Federation and consists of this Federal Law and other federal laws governing the issues of personnel affairs, as well as of the regulatory legal acts of the Russian Federation adopted in accordance with them. , laws and other regulatory legal acts of the constituent entities of the Russian Federation.

The bill should define the organizational foundations of staffing and, first of all, establish its organizational forms depending on the scale of the organization, the number of employees and the amount of work in the field of work with personnel. Based on the existing in practice variety of approaches to the organization of personnel services for different employers, it is difficult to give an exhaustive list of possible options, but the main ones are currently:

Creation of an independent structural unit (personnel service);

Introduction to the staff of the position of an employee (main or part-time), carrying out personnel records and maintaining personnel records management;

Assignment of personnel records and personnel records management to one of the employees as a combination of professions.

The bill should include a list of the main tasks of the personnel service; basic requirements for this service; a list of the employer's local regulations governing the activities of this service (regulations on the personnel service, job descriptions of employees of this structural unit, etc.). It seems appropriate to separately characterize the legal status, job duties, rights and responsibilities of the head of the personnel service.

When considering the forms of organizing staffing, it is necessary to show the features of HR administration in organizations that have separate structural divisions, as well as in holding structures (in subsidiaries).

When setting out the issues of personnel accounting in the draft law, it should be determined that its objects are both information about employees and the main procedures accompanying labor relations: recruitment, permanent and temporary transfer to another job, provision of vacations, secondment of employees, encouragement, advanced training and retraining of personnel, certification of employees, termination of an employment contract, etc.

Depending on the accounting object, the tasks of personnel accounting should be formulated:

• 
  formation of complete and reliable information on the composition and movement of personnel;
• 
  providing the employer with the necessary information about personnel;
• 
  formation of a multidimensional search information and reference system in all areas of work with personnel;
• 
  providing an information base for conducting analytical work in the field of personnel affairs, etc.

It is advisable to include in the draft law the procedure for regulating personnel records by the Government of the Russian Federation and the Goskomstat of Russia and the basic requirements for organizing and maintaining personnel records.

It is necessary to consolidate the obligation to maintain personnel records and personnel records management by each employer (including employers who are individuals who are not individual entrepreneurs), as well as the obligation to use the forms of primary accounting documents approved by the State Statistics Committee of Russia.

It is necessary to determine the basic rules for working with primary accounting documents, in particular, the use of their electronic versions, the need to encode information (or rejection of it), the possibility of partial changes in forms depending on the needs of the employer, deadlines for filling out, etc. Questions about the composition of the applied forms need to be resolved , its expansion and amendments to a number of forms, which will require the involvement of experts from the State Statistics Committee of Russia in the work on the draft law.

In the section of the draft law devoted to documenting labor relations, it is necessary to determine the composition of documents that are mandatory for use in the registration of labor relations: local regulations of the employer, organizational, administrative, information and reference documents.

Speaking about local regulations of the employer, it should be noted that the bill should regulate the rights and obligations of the employer for their adoption and establish lists of local regulations adopted depending on the type of employer. The provisions of the law being developed will help eliminate violations of the development procedure (including the procedure for taking into account the opinions of the representative body of employees), the introduction and application of local regulations.

For other types of personnel documentation, the most urgent task should be solved in the draft law - the creation of the minimum necessary and sufficient number of personnel documents in cases requiring documentation of the relevant personnel procedures. An important place in the law should be given to the relationship between the types of documents and the procedures they draw up.

In special articles of the law, it is necessary to show the features of documenting labor relations with certain categories of workers (with the heads of the organization, with part-time workers, etc.).

The bill should establish the obligation to use unified forms of organizational and administrative documents used in personnel work.

For documents that do not have unified forms, the bill must establish the composition of the mandatory details:

2) type of document (its name);

3) the date of drawing up the document;

4) registration number of the document;

5) place of preparation of the document;

6) the composition of the certification of the document, depending on its type (signature, seal imprint, stamp of approval of the document).

In order for practitioners to understand the legal meaning of the details of documents used to give legal force to documents, for some of the most significant details in the bill, it is necessary to include special instructions:

• 
  on the legal meaning of the resolution put down by the employer on the documents;
• 
  on the procedure for signing personnel documents, including the list of persons entitled to sign documents; on the procedure for replacing the signature in the absence of the head of the organization; about the possibility (or impossibility) of using such an analogue of the head's handwritten signature as a facsimile signature;
• 
  on the use of seals and stamps in personnel records management, including seals of the personnel service, wax seals and seals;
• 
  on the procedure for bringing personnel documents to the attention of employees and issuing a visa to familiarize the employee with the document.

The draft law should also stipulate such important issues for personnel documentation as the possibility and rules for making changes and corrections to personnel documentation; procedure for restoring lost documentation; peculiarities of paperwork that the employer did not enter in a timely manner; the possibility in some cases of using and storing certified copies of personnel documents in case of loss of originals; the possibility, cases and procedure for the withdrawal of personnel documentation.

Obligatory consideration is required for the issue of information carriers about personnel, the use of electronic documents, the procedure for their creation, signing and storage. An electronic message signed with an electronic digital signature or other analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper (Art 11 of the Federal Law of 27.07.2006 No. 149-FZ "On Information, Information Technologies and on the Protection of Information"). In accordance with Art. 4 of the Federal Law of 10.01.2002 No. 1-FZ "On Electronic Digital Signature", an electronic digital signature in an electronic document, subject to the simultaneous observance of a number of conditions, is equivalent to a handwritten signature in a document on paper.

Drawing up personnel documentation is the first and most important part of personnel records management, which also includes the organization of work with documents, their systematization and storage. For the timely and correct implementation of these procedures, the draft law should regulate the technology for working with personnel documentation.

In the field of HR administration, the bill should, first of all, resolve the issue of the regulatory and methodological framework for HR administration. It is advisable to include in the bill a list of local regulations on personnel records management: Instruction on HR records management, Table of forms of personnel documents, Album of forms of personnel documents, Schedule of workflow of personnel documents.

The basis of the regulatory framework for personnel records management is the Table of forms of documents, which makes it possible to determine the necessary and sufficient set of types of documents for the legal registration of situations arising in the work with personnel. The use of the Timesheet allows you to reduce the working time and labor costs of employees of the organization when solving the problems of documenting management activities.

Preparation of the Sheet of Forms of Documents must be accompanied by development of the Album of forms and samples of personnel documents included in the Timesheet. The presence of the Timesheet and Album will allow you to quickly and correctly document the work with personnel. The Timesheet and Album must include the documents provided for by the Labor Code of the Russian Federation, i.e. which are mandatory for the registration of labor relations, as well as documents developed at the discretion of the employer.

The logical conclusion of the development of regulatory support in the field of personnel records management is the drafting and approval HR workflow graphics, in which the procedures for documenting labor relations in the following positions are reflected in tabular form: drawing up draft documents (basis for drawing up, frequency, responsible for preparation, number of copies, etc.); paperwork (agreement, signing, approval); processing of documents (registration, transfer for execution, familiarization of employees); operational and archival storage of executed documents (place and terms of storage, frequency of submission to the archive).

The procedure for applying local regulations on work with personnel documentation, as well as responsibility for its violation, should be enshrined in the Instruction on personnel records management, approved by order of the employer.

The obligation to register documents is directly stipulated by the requirement of clause 4.1.2. Model instructions for office work in federal executive bodies (hereinafter referred to as the Standard instructions), approved by order of the Ministry of Culture of Russia dated November 8, 2005 No. 536: "All documents requiring registration, execution and use for reference purposes are subject to registration." It should be emphasized that the procedure for registering documents itself is not limited to the setting of registration dates and numbers in the documents. Registration of documents is a record of accounting data about a document in the prescribed form, which fixes the fact of its creation, sending or receiving (clause 4.1.1. Typical instructions).

In the field of HR administration it is necessary to include in the bill: an indication of the obligatory accounting (registration) of personnel documents and control over their execution; regulation of consideration of written and oral appeals of employees to employers; regulation of the workflow of personnel documents and instructions for recording its volume; rules for systematizing personnel documents and conditions for ensuring their safety; the procedure for observing the confidentiality regime of personnel documents.

When disclosing these issues, the draft law should reflect the specifics of documenting labor relations and personnel records management, as well as the relationship between the volume of workflow of personnel documents and the number of employees in personnel services.

The problem of organizing the archive is subject to separate consideration. HR documentation; conducting an examination of its value; registration and description of personnel documentation to be transferred to archival storage; allocation for destruction of documents with expired storage periods.

The draft law should show the procedure for accepting and transferring personnel documents during the reorganization of an organization, as well as the procedure for transferring documents on personnel for storage to the state or municipal archives during the liquidation of an organization or the termination of activities by an individual entrepreneur.

The bill should establish the employer's liability for violation of the rules establishing the procedure for working with personnel documentation.

Control over the implementation of the norms related to personnel records and personnel records management should be entrusted to the Federal Labor Inspectorate, whose specialists have been carrying out inspections of HR records management in organizations for a number of years.

For violation of the rules relating to the conduct of personnel records management, administrative and legal sanctions in the form of increased penalties should be established, which will require appropriate amendments to Art. 13.20 of the Code of Administrative Offenses of the Russian Federation.

The draft law should reflect the procedure for the entry into force of the law and include the necessary transitional provisions in the text of the draft law.

In addition to the above, it should be noted:

1. When developing a draft law, it seems advisable to analyze the norms of the current Labor Code of the Russian Federation for the exclusion of office procedures and rules for document flow of personnel documentation. In cases where the procedure requiring documentary registration is a guarantee norm affecting the rights of employees, reference norms must be left in the Labor Code of the Russian Federation, and the procedures must be worked out in detail in this draft law.

2. The bill should take into account that currently, in accordance with the Labor Code of the Russian Federation, the concept of "employer" includes categories of employers, sometimes very different from each other: these are legal entities, regardless of their organizational and legal forms and forms of ownership, and individuals duly registered as individual entrepreneurs, and individuals who enter into labor relations with employees for the purpose of personal service and assistance with housekeeping. In this regard, the draft law should propose a differentiated approach to the organization and maintenance of personnel records management for various categories of employers, depending on the specifics of their legal status, on the number of employees involved, etc.

3. Perhaps, it should be indicated which state executive bodies are entitled to adopt normative legal acts in pursuance of the proposed law.

4. Simultaneously with the development of this draft law, proposals should be prepared to amend a number of existing regulatory legal acts and to develop new regulatory legal acts in pursuance of the proposed law.

1 The title of the draft law “On documenting relations in the world of labor” was chosen as a working title. As other options for discussion, the names "On personnel affairs", "On personnel records and personnel records management", etc. can be proposed.

2 This list should be clarified during the planned public discussion of the concept and during the development of the text of the draft law. A more complete list of basic concepts is given below in the approximate structure of the draft law.