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Journal of familiarization with lna. The procedure for familiarizing yourself with local regulations

Journal of familiarization with lna. The procedure for familiarizing yourself with local regulations

If an enterprise issues an order concerning its employees (and such orders are a large part of the administrative documentation of organizations), then each employee directly or indirectly mentioned in it must be familiar with it. In this case, information about reading the order and the employee’s signature are entered on a special sheet.

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Function and role of the order

Order- this is an order from the manager, which is drawn up in writing and contains information about a particular decision made.

Orders may relate to any legal aspects of the relationship between an employer and a subordinate:

on appointment to a position;
etc.

Orders are always issued on behalf of the director of the enterprise, are legitimate only within the company, have a long period of validity and, if necessary, can be subject to changes.

Orders should in no way violate either the civil or labor rights of workers, who, in turn, must familiarize themselves with them.

Why do you need an employee signature?

An employee of the enterprise must not only read the order, but also put his signature either on the document itself or on a special form: order information sheet.

This rule is a legal requirement that obliges the company’s management to familiarize employees with all local regulatory documents published at the enterprise.

The employee’s autograph on the order will indicate that he agrees with the order and is ready to begin its execution.

In what cases is the order familiarization sheet used?

The order familiarization sheet is used in cases where the order concerns a large number of employees, for example, an entire structural unit or a specific group of employees. It is clear that it is not an independent document, but serves as a kind of annex to the order.

In the event of any controversial or conflict situations between the employer and the subordinate, in the future this document may become evidence in the labor inspectorate or court, on both sides, so signatures should be collected carefully and scrupulously.

It is unacceptable to let in any of the enterprise employees mentioned in the order, much less forge their autographs. If one of the employees is absent from the workplace at the time of collecting signatures, for example, due to illness, vacation or business trip, you must wait until he returns and only then take a signature to familiarize himself with the order.

What happens if you don’t sign to read the order?

It is impossible to force an employee to sign and carry out an order from a manager.

However, upon refusal to sign the order, the employer’s representative has the right to draw up a special act, and for refusal to carry out the order, the employer has the right to subject the employee to disciplinary action or even dismiss him.

Of course, such measures are possible only on the condition that the order fully complies with all norms of the legislation of the Russian Federation, and the subordinate has not provided any compelling and valid reasons for such behavior.

At what stage does familiarization take place?

As a rule, acquaintance with the order occurs immediately immediately after its release or within a few days after that - usually the deadline is indicated by the director in the document itself. In any case, the employee must sign before he begins to carry out the order.

Who forms the sheet

Directly drawing up and filling out the sheet for familiarizing yourself with the order usually rests with a specialist in the enterprise’s human resources department, a legal adviser or a secretary - i.e. any employee whose job description includes this function. Also, the employee designated for this in the text of the order by the director can also generate the sheet and introduce the order to colleagues.

How to draw up a review sheet for an order

Almost all standard unified forms of primary personnel and accounting documents have been abolished since 2013, so the sheet can be compiled by company employees in any form or according to the organization’s internal template.

The only thing is that when creating the form, you must follow a certain structure and rules of the Russian language.

IN "hat" The sheet should be marked:

name of the enterprise;
Title of the document;
number, date and essence of the order.

employee serial number;
last name, first name and patronymic of the employee;
job title;
date of familiarization with the order;
signature.

If necessary, you can add other columns here (for example, about the structural unit in which the employee works or notes).

If there are many employees affected by the order, then several sheets may be required for their signatures. All of them need to be fastened together (you can use a stapler, but better with a strong thread) and numbered.

How to design a sheet

The document is usually drawn up in a single copy, on an A4 sheet or on company letterhead. It can be created either by hand or in printed form. The main thing is the presence of authentic autographs of employees.

There is no strict need to certify the form using a seal, because Since 2016, legal entities have the right not to use stamps when endorsing documents (unless this norm is enshrined in the internal local acts of the company).

After creation, the sheet must be endorsed in the internal documents journal.

Terms and methods of storing the form

The sheet of familiarization with the order should be in the personnel department of the enterprise in a separate folder, along with the order to which it concerns. The period of its storage is not limited by law, but at least during the entire period of validity of the order it must be safe and sound.

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

Why do you need a log 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, upon signature, to familiarize employees, both new (hired) and already employed, with local regulations (hereinafter referred to as LNA), the jurisdiction of which affects their work activities.

In addition, according to paragraph 8 of Art. 86 of the Labor Code of the Russian Federation, employees must become familiar with the LNA that regulates the procedure for processing personal data in the company.

Important! Apart from the fact that familiarization of employees with LNA is the responsibility of the employer company by law, the corresponding procedure is important from the point of view of legally establishing the employee’s responsibilities that are not provided for in the employment contract, job description and other regulations, but are critically significant when building labor relations between this employee and employer.

For example, if an employee has not read the provisions on trade secrets (typical of many LNA enterprises), the company will not have the right to make any claims against him regarding the leakage of secret information outside the enterprise. In turn, if the employee confirms with his signature his familiarity with the relevant LNA, the company will be able to hold him accountable.

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

Journal structure

This document most often records:

LNA approved by the organization at the time the journal was presented to the employee for signature;
Full name and position of employees who must certify with their signature the fact of familiarization with this or that regulatory act;
structural units in which employees who sign the journal carry out their labor activities;
dates of familiarization of employees with LNA.

The structure of the journal should also include columns for affixing signatures of employees certifying their familiarization with the LNA given in the list.

The document is approved by the head of the enterprise.

Where to download a sample magazine

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

The log of familiarization with local regulations is an internal document of the organization; it is not mandatory, but its use will help the employer comply with the requirements of the Labor Code, according to which it is necessary to familiarize employees with internal regulations.

Why do you need a log of familiarization with local regulations?

Norms Art. 68 Labor Code of the Russian Federation the employer is required to familiarize the company's employees with all local regulations (LNA) that are related to his work activities. Such familiarization must necessarily take place against the signature of the employee. Ignoring this requirement entails administrative liability for failure to comply with the requirements of labor legislation. No one wants to pay fines, so the familiarization process has to be formalized somehow. There are several ways to do this:

draw up separate familiarization sheets and attach them to all Regulations, orders, contracts and other documents;
put paintings directly on the LNA;
start a special journal.

Orders for hiring, leave, dismissal and other personalized personnel documents are usually introduced “under signature” - with the receipt of a person’s confirming signature on the document itself. But with internal regulations that affect many people at once, the situation is more complicated, because if every person directly signs for them, there will be no free space left very quickly. Therefore, employers either create special additional sheets for signatures (which is inconvenient), or create one magazine for familiarizing employees with LNA. At the same time, in a large company with various departments and other structural units, where there is a constant movement of personnel, it is possible to issue such a book-type form separately both for each type of document and for departments or branches. Then all local acts will be in order and there will be no need to attach additional sheets to them.

Sample log of familiarization with local regulations

There is no approved form for such a journal. Since it is not mandatory or even recommended, legislators have ignored it. The introduction of this form into the organization’s document flow is aimed solely at simplifying the implementation of the requirements of the Labor Code of the Russian Federation and other laws. Therefore, it depends only on the employer how exactly he will resolve this issue. You will have to develop the necessary form yourself. The main thing is that it contains all local regulations that new employees should become familiar with. The generated form must be approved by order of the head of the organization.

There shouldn’t be anything difficult about filling out such a document. For example, it might look like this:

It is also not necessary to give it book form. These can also be individual sheets placed in a binder folder. There is no need to put any approval stamps on the title page, you can only put the start and end date of the entries.

Structure of the journal and its storage period

From the above example you can see that the log form is quite simple. Since there are usually many LNAs that must be introduced to organizations, it is necessary to allocate several pages for each of them. In this case, the structure of these pages will not differ and will contain the following columns:

employee details (full name);
position and department in the organization;
date of approval (time, if necessary);
personal signature of each employee.

If desired, the sheets can be numbered and stitched, but this is not necessary. The person responsible for maintaining such a journal is usually a human resources specialist or the manager himself, if the organization is small.

Separately, it is necessary to note the procedure and terms of storage of this document. This issue is also not regulated by law, so it must be determined by the organization itself. Most often, employers want to make it short, for example 5 years. This is a mistake, and in practice it is better to set longer shelf life. After all, many local acts have a permanent shelf life or are stored for at least 10 years. It is advisable that these periods do not differ from the period of storage of documents on familiarization with them. In addition, employees who were familiar with the LNA more than 5 years ago can continue to work in this organization and raise the issue of familiarizing them with certain standards. Without this document, it will be quite difficult to prove that the requirements were met.

Also, one should not forget about Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 N 558, which directly states that all local regulations (regulations, instructions) on personal data of employees are documents of permanent storage. Therefore, it is advisable to establish the same requirements for the review log if it concerns personal data. In particular, you should always store local documents such as:

Regulations on the structural divisions of the organization;
Regulations on wages.

Therefore, if employees sign and get acquainted with these LNAs personally, the shelf life of the form confirming this fact should be similar.

Documentation is an important element in the work of any organization. Every process and every decision is recorded in the form of a corresponding document. An employee is faced with them even before signing an employment contract, since at the interview stage he is given the opportunity to familiarize himself with the local regulations of the institution in which he plans to work. After studying, the future employee signs in the LNA familiarization log.

From this article you will learn:

why is this magazine needed?
appearance of the journal for familiarization with local regulations;
filling out a log of familiarization with LNA.

Why is this magazine needed?

This journal is necessary so that the employer or inspector from the labor inspectorate can make sure at any time that each employee has familiarized himself with the number of documents that are required according to his position and/or the work performed. In the event of a violation and/or accident due to the fault of an employee, the employer may provide the commission investigating the case with a log of familiarization with local regulations, which will indicate that the employee was informed with appropriate documentation about the rules of work, routines and other mandatory things.

The required minimum that must be displayed in the log includes:

staffing schedule of the institution (Article 57 of the Labor Code of the Russian Federation);
internal labor regulations (Article 56, Article 189 and Article 190 of the Labor Code of the Russian Federation);
documents establishing the procedure for processing personal data (clause 8 of article 86 of the Labor Code of the Russian Federation);
orders on the application of disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation);
shift schedule (Article 103 of the Labor Code of the Russian Federation);
provisions on labor protection (Article 212 of the Labor Code of the Russian Federation);
regulations on remuneration (Article 135 of the Labor Code of the Russian Federation);
vacation schedule (Article 123).

Appearance of the magazine for familiarization with local regulations

The internal block of the journal contains tables developed and approved for each type of journal individually, and information about the persons responsible for filling them out. This information includes:

last name, first name and patronymic of the responsible person;
period of liability;
document according to which the person responsible is appointed;
signature of the most responsible person.

Filling out a log of familiarization with local regulations

The journal is filled out by the employee appointed responsible for filling it out by the relevant order of the manager. This order and information about the responsible person are also indicated in the journal. When starting a new journal, the start date of record keeping is indicated on the title page.

An organization may have a journal with a table approved by a legislative document, or it may develop it independently. The required elements of the table are:

serial number;
last name, first name and patronymic of the employee;
his position;
name of the structural unit in which the employee works;
the name of the local regulatory act with which the employee is introduced;
signature of the employee indicating familiarization;
date of signing.

The journal is filled out as documents are approved and employees become familiar with them. If an employee works remotely, he can be familiarized with LNA directly related to his work by exchanging with him electronic documents with an electronic digital signature (Part 5 of Article 312.1, Part 5 of Article 312.2 of the Labor Code of the Russian Federation, Article 6 of the Federal Law of 04/06/2011 No. 63-FZ “On Electronic Signature”). The employer is obligated to supervise the employees' study (under signature) of adopted local regulations, therefore, according to Part 2 of Article 22 of the Labor Code of the Russian Federation, in case of failure to comply with this obligation, the employer will be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine:

officials - in the amount of 1000 to 5000 rubles;
legal entities - from 30,000 to 50,000 rubles and/or suspension of the organization’s work for up to 90 days.

Attached files

Logbook for acquaintance with local regulations of the organization (sample).doc
Order on approval of a new edition of a local document (sample).doc

Available to subscribers only

Logbook for acquaintance with local regulations of the organization (form).doc
Order on approval of a new edition of a local document (form).doc

The document flow developed in an organization and necessary to formalize relations between staff and managers, organize the technological process, and form connections is called regulations. These include various kinds of orders, rules, regulations.

The scope of regulations applies only to the organization within which they are signed. They can be temporary or permanent, but are developed exclusively within the framework of current legislation and are designed not to violate human rights.

It is the responsibility of each employee to familiarize himself with the standards of the company's activities. This allows you to find out rules, in accordance with which activities are carried out, conditions, assigned responsibilities, existing powers and rights.

What is

When an employee of an organization becomes familiar with the necessary document flow, information about this is entered into special sheet.

If controversial issues arise and the labor inspectorate is involved, it is direct evidence of the employee’s agreement with the regulations and his familiarization with the terms of employment. The main evidence is a signature; it is unacceptable to forge it or allow an employee to enter the enterprise without it on the form.

To whom it concerns

There is no need for company personnel to familiarize themselves with all regulatory documentation, especially those that are not important within the scope of their duties. Not all managers delimit the circle of persons, and therefore mistakenly fall into list:

employees whose employment is carried out within the framework of outsourcing or outstaffing;
those who are not affected by the provisions of the regulations;
providing services on the basis of a civil contract;
counterparty personnel.

An outside party can only be informed, but will not be held responsible for non-compliance with the requirements. Those to whom it is imposed within the company must be aware of the provisions on financial liability. Personnel personnel are familiarized with the conditions for registration of personnel, documents, etc.

If the financially responsible person refuses to familiarize himself with the regulations and sign the sheet, he is subsequently released from punishment. Only the manager has the right to decide whether he will continue to cooperate or whether the person will be denied a job, since it will be impossible to attract him in the future.

Document structure

The structure can be formed by two valid approaches. If the sheet is attached to the employment contract, then the signature on it is placed in a single copy, by the employee with whom the contract was signed. The list of regulations includes only those that apply within the scope of the job duties of a particular employee.

The body of the log reflects:

that the document acts as part of the employment contract and has details;
list of acts applicable to workers;
date of signing.

The design structure requires signature fields.

The familiarization sheet can act as independent document. In this case, the form is signed by all personnel of the organization; the list contains all regulations classified by category.

In this option, the document should include a column where information regarding the structural unit, a list of all employees and their initials are entered.

A space has been allocated for the signature column, which confirms the fact of familiarization. A mark must be placed to certify the document’s certification by the head of the department.

Why is it necessary?

The Labor Code of the Russian Federation, namely, articles and, contains a requirement directed to the heads of organizations, which are obligated to familiarize their employees with current regulations.

Conducting training is important not only for legal reasons, but also for other reasons. A company that has not familiarized its staff with the requirements for work procedures will cannot make any demands if it is violated. The employee is not responsible for the consequences of violations of the rules.

It is worth saying that the Labor Code of the Russian Federation does not have a legal definition of what a normative act is. In theory, it means a document that is repeatedly used in relation to an indefinite number of persons. In accordance with Article 8 of the Labor Code of the Russian Federation, any manager has the right to create such a document flow within his organization, as an exception, only individuals.

Employer necessarily demonstrates for the future employee, work rules, salary regulations, labor protection instructions, requirements for the use and storage of data. But the job description is not included in the list of mandatory regulations, but is important for the employee himself.

The legislation of the country does not regulate the form in accordance with which the manager is obliged to provide information to the employee, as well as the method of recording his signature. If a person works remotely, it is acceptable to use an electronic version and signature.

It is worth understanding that the legislator did not regulate in any way the specific form in which familiarization with the company’s document flow should take place. Practice and the Labor Code have identified several mechanisms and drawing up an introductory sheet is one of them.

Electronic type of act has no legal force, if a qualified electronic signature is not affixed. Checkmarks, dashes, and initials do not constitute confirmation.

Most often, the signing of the sheet occurs at the time of employment and before the person is allowed onto the site to perform his duties. There are situations when it is developed during the period of current activity, then the signature is placed after approval by the manager.

The familiarization sheet can be drawn up as an appendix in an employment contract, in the form of a journal or an insert sheet in a personal file.

It is faster and easier to find, in the event of controversial situations, the employee’s signature if there is an annex to the employment contract. You can fill out the form using a computer or manually.

In Article 5.27 of the Code of Administrative Offenses of the Russian Federation, failure to fulfill the obligation to familiarize staff with internal regulations threatens the head of a company division with an administrative fine.

The emergence of many disputes based on labor relations between an employee and a manager helps both one and the other party prove your point. This is one of the main proofs of the employee’s knowledge of the terms of employment, requirements, responsibilities and rights.

Below is information on the organization’s local regulations.

What are the consequences of not signing the document?

Personnel have the right to sign or not sign a normative act. It is strictly forbidden to force a subordinate or prohibit him from putting his signature in the appropriate column. It is illegal to impose disciplinary sanctions for failure to comply with the will of the manager.

An employee should know that internal regulations largely regulate the activities of the organization, and therefore the information contained in them is useful.

Responsibility arises only when the employee signs the familiarization sheet, and the law does not regulate when this was done. Most companies try to obtain a signature at the time of employment, and only a few during the employment process.

There are also those who are negligent in the procedure for drawing up a sheet of familiarization with internal regulations. Trouble comes when a controversial issue or conflict situation arises.

As part of the work process, the legal department or personnel officers are involved in drawing up an acquaintance report. The familiarization process takes place under the vigilant guidance of the person appointed by the order of the manager, who is required to approve it and sign it for the employee.

Since 2013, the unified form has been abolished; therefore, today the act is drawn up in free form according to a pre-designed template. The compiler is required to comply with the structure and rules of the Russian language.

The header says:

name of company;
document's name;
main gist, date and number.

In most cases, it is further formed table, in the columns of which they enter the employee’s number, personal information, indicate the position, and the date on which the acquaintance took place. All columns are arranged in the specified order, with the signature placed in the last one.

If there is a need for this, the number of columns is increased, the name of the department or other notes are written down. When creating one familiarization sheet for all employees, they are fastened together using thread or a stapler and must be numbered.

This can be done on company letterhead or a simple A4 sheet. The main thing that is required is the originality of the signatures.

It is not necessary that the form be certified. Since 2016, a legal entity is not required to use a stamp to certify papers, except in cases where this requirement is specified in the constituent document.

Large organizations have a hard time with branches all over the country. HR officers try to provide the necessary access to information to employees and send regulations by e-mail to the personnel department of the representative office.

They, in turn, place them on information boards, but without a signature, the employee does not bear any responsibility and can only accept what they read as additional information.

Article 312.1 of the Labor Code of the Russian Federation establishes features for employees whose employment is remote. The exchange can be carried out electronically using an electronic signature. Such a document is equivalent to one issued on paper.

The employee and employer are obliged to send confirmation of receipt of the electronic version of the familiarization sheet within the period established by the employment contract.

The familiarization sheet is kept in the HR department along with the document to which it is linked. For this purpose it is allocated separate folder. Legislation does not limit deadlines, but while the employee is employed, he must be safe.

Additional information on design is presented in the video.