What is a local act? Local regulatory acts of the organization

Any enterprise, company or firm has, among its documentation, current local regulations that may be disciplinary rules, job descriptions or different provisions. A local act may include:

• To the category of generally established (mandatory) acts for any enterprise,
• To the category of acts voluntarily created by the employer.

Whatever the local-normative acts of the organization, it is important that they exist within the framework of the law, that is, they had no contradictions with the legislation. There is another characteristic feature of such a corporate document. A local act is mandatory for execution both for the employer and for his subordinates.

In this article, we will consider all possible features of this kind of documents.

A local act is ...

It should start with the fact that the Labor Code of the Russian Federation (the fifth article of the TCRF) regulates the relationship between the employer and the employee through labor protection, possible agreements and acts with labor law standards. Local acts of the organization with the norms of labor law contained in them also regulate working relations.

Such a document is generally established for all employers. It also corresponds to other documentation that contains similar criteria. This is evidenced by the eighth article (the first part) of the Labor Code. However, some definite meaning behind the concept of "local act" is not fixed:

• Someone thinks that these are local acts of the organization that contain repeated repetition of existing rules of conduct of employees, and establishes their employer (this is an incomplete definition);
• More correct and complete will be the following meaning: "a document containing the norms of labor law, which is adopted by the employer within its competence in accordance with laws and other normative legal acts, collective agreement, agreements".

Features of the document (local normative act)

1. Possible changes in it are determined by the employer.
2. The standards contained in the document do not contradict the law or the employment contract.
3. It is approved in the form of instructions or regulations by the employer leader (fixed in writing). In some cases - when interacting with the trade union organization.
4. With this document, the employee is necessarily introduced, confirming this action with his personal signature.
5. It is valid from the day it is adopted or another date written on paper.
6. Terminates its validity when its term expires or in case of cancellation by the employer / court.

What documents are related to the local regulations of the organization?

Below in the photo is a list of documents typical for most organizations, which are local regulatory acts.

How are the local acts of the institution adopted?

Every local normative act of the organization goes through certain stages. First it is developed, then agreed, then approved, after which it only gets legal force and is put into effect.

Such a sequence of creation of such documents can also be established by a characteristic local act (for example, according to the existing in the organization regulations on the procedure for the adoption of local regulations - a sample of the act is shown in the photo).

Stage of development of local-normative acts of the organization

The document is developed directly by a working group of persons (or by an executing entity) who is specifically dealing with this activity (on the appointment of a management) on the basis of an existing order. This can be done either by a simple staff officer or by a chief accountant, or by a union of department heads.

Stage of coordination of local acts

After the development, the local act is necessarily in the process of coordination with other structural divisions or departments. However, general comments, comments, consent / disagreement are reflected on a separate special form.

The stage of approval of local acts of the institution (organization)

After the approval process, the document is sent for approval to the authorities.

Before making his decision, the head must send the project with justification to the trade union organization. This representative body on the part of employees has a maximum of five days to review and nominate, in the reverse order, its written opinion on this local act.

If the union agrees with the proposed local act, then this document is put into effect.

If the union has not given consent, or provided, but with some wishes, the head must, within three days (after receiving the response), organize additional consultations with the representative body to achieve mutual understanding and decision-making.

Local acts of the school

It is worthwhile to dwell on the documentation in general education institutions that can independently create their own local regulatory frameworks from acts because the Law "On Education" of the Russian Federation states that the charter of a general education institution must have a certain list of local acts. But when creating additional documents that add to the existing charter (for example, it may be new local acts of the school), it is necessary to register them with the Tax Inspectorate. Otherwise, there will be inconsistencies in the legal framework of the organization.

Local acts of general education institutions are legal and official legal documents. They are taken in proper sequence to regulate relations within the school activities reflected in the organization's charter.

Local acts of the school should reflect the following principles:

• They are created for a particular educational institution and operate, respectively, within the walls of one organization.
• They are official written legal documents that contain all the necessary requisites.
• In the process of creating and introducing a local act, all subjects of the education process are involved.

Types of local acts of general education institutions

School documents, as well as local dow (preschool educational institution) acts can be normative. Such documentation contains a list of certain rules and norms that must be respected by all participants of the education process. It is characterized by a long-term application. Such acts detail and supplement the legal norm in relation to each individual school.

There are also individual local acts. As a rule, they are single-handed and are used to fix a certain decision from a legal point of view.

What documents are related to local school acts?

Local acts on education are decisions, decisions, orders, instructions, rules, regulations and contracts. They reflect and regulate different aspects of school activities. For information, local dhow acts have the same kind of documentation. Let's consider each document.

• Decisions: these local acts can be individual legal documents and normative. They reflect the decision of the governing body of the school.
• Decisions: the general meeting of employees accepts local legal acts. Such documents are very often the nature of recommendations.
• Orders: such a document is issued by the director of an educational institution to solve the main tasks. For example, below, in the photo, a sample of the act is given-an order to approve the rules of the school's internal routine .
  The bodies that govern the school, such documents as decrees and orders, approve regulations, rules, instructions.

• Under the provision is raised such a local document that determines the legal status of the governing body of the educational institution or school units or the main rules for the use of their powers.
• Instructions are local acts bearing imperative regulations. They establish the sequence and method of doing something.
• Organizational moments, disciplinary and economic aspects of life regulate the rules in school.

How should local regulations be formalized?

The labor legislation does not create specific requirements for the processing of such documents. But there is GOST R6.30-2003, which includes information about the necessary requirements, which must be observed when creating and formalizing a local act. According to him, any document (except for the letter) is issued on a special form and contains the following information:

• Full and abbreviated name of the organization (that name, as indicated in the constituent documents);
• Capitalization of the name of the type of document after the name of the organization;
• The date of approval and the serial number of the certificate upon registration;
• The location of the document;
• Presence of the signature (s) of the agreement;
• The indication at the end of the document of information about the applications;
• Compliance with the structure of the document, which includes all the necessary provisions (general, main and final);
• Sections (with a number and title), paragraphs and subparagraphs are necessarily part of the document;
• Mandatory numbering of pages in the middle of the top margin of the sheet (starting from the second page).
• It is necessary to have the approval stamp of the organization management in the upper right corner. The approval can be submitted either by a simple signature of the chief, or separately created by the order. Everything is sealed with a seal.

Familiarization with the act of employees of the organization

After the approval of the local normative act, he passes the stage of registration in a special journal and receives an individual number and an indication of the date with which he enters into legal force.

With this act, management is required to familiarize those employees whose activities are affected in this document itself, in accordance with Article 22 (part 2) of the Labor Code of the Russian Federation. The process of familiarization is reflected in special introductory sheets in the form of a separate appendix to a local-normative act, and is also reflected in the journal of acquaintance.

How local acts are stored

All original acts should be stored in one place (office, reception or personnel department). Copying documents occurs when the document is distributed among departments and structural units.

Such local documents have an unlimited shelf life in accordance with the list of typical management archival documents that are formed when state bodies, local governments and organizations work.