These Internal Labor Regulations (hereinafter referred to as the Rules) regulate at BM-ELECTRO LLC (hereinafter referred to as the employer) the procedure for hiring and firing employees, the basic rights, duties and responsibilities of employees and the employer, working hours, rest periods, incentive measures and penalties applied to employees, as well as other issues of regulating labor relations.
Procedure for Hiring Employees
Documents to be Submitted Upon Employment
- Unless otherwise stipulated by the Labor Code of the Russian Federation or other federal laws, an individual entering into an employment agreement shall submit the following documents to the Employer:
- A passport or other identity document;
- A work record book and/or employment history, unless the employment contract is the individual's first;
- A document confirming registration in the system of individual (personalized) record-keeping, including in electronic form;
- Military service documents - for conscripts and individuals liable for military duty;
- A document confirming education, qualifications, or possession of special knowledge - when applying for positions requiring such credentials.
- If the employment contract is concluded via electronic document exchange, the above documents may be submitted in electronic form, unless otherwise provided by Russian law. Upon request by the Employer, notarized hard copies of these documents must be provided.
- In some cases, taking into account the specifics of the work, the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, and resolutions of the Government of the Russian Federation may require additional documents to be submitted when concluding an employment contract.
- When applying for a part-time job, an employee does not present a work record if his employer keeps a work record for this employee at his main place of work or if, in accordance with the Labor Code of the Russian Federation or other federal law, the work record has not been issued. When applying for a part-time job requiring special knowledge, the employer has the right to require that the employee present a document of education and (or) qualifications or a duly certified copy thereof, and when applying for a job with harmful and (or) dangerous working conditions, a certificate of the nature and working conditions at the main place of work.
By decision of the Director General, an employment contract or an additional agreement to such an agreement may be concluded, providing for the employee to perform a work function remotely on a permanent basis (during the term of the employment contract) or temporarily (continuously for a period not exceeding six months specified in the employment contract or an additional agreement thereto, or periodically, provided alternating periods of an employee's performance of a work function remotely and periods of its performance at a stationary workplace). At the same time, remote (remote) work is understood as the performance of a labor function defined by an employment contract outside the location of the employer or its structural subdivision, outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, provided that public information and telecommunication networks are used for the performance of the labor function and for interaction with the employer, This includes the Internet and public communication networks. During the period of their employment, such persons (hereinafter referred to as remote workers) are subject to the Rules, labor legislation and other acts containing labor law norms, taking into account the specifics established by Chapter 49.1 of the Labor Code of the Russian Federation. Remote workers also include employees who perform a work function remotely in accordance with a local regulatory act adopted by the employer in accordance with art. 312.9 of the Labor Code of the Russian Federation.
Term of the employment contract
- Employment contracts may be concluded:
- for an indefinite period;
- a fixed term of no more than five years (fixed-term employment contract), unless another term is established by the Labor Code of the Russian Federation and other federal laws.
A fixed-term employment contract is concluded:
- for carrying out work beyond the scope of the employer's normal activities (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
- with people applying to work in organizations created for a deliberately defined period or to perform deliberately defined work;
- for the duration of temporary (up to two months) work;
- in other cases stipulated by the Labor Code of the Russian Federation.
By agreement of the parties, a fixed-term employment contract may be concluded with the following persons:
- applying for a part - time job;
- old - age retirees entering the workforce;
- by other persons in cases stipulated by law.
Test Condition
- An employment contract may stipulate a condition for probation of an employee.
- A probation period is not applied in the following cases:
- Pregnant women and women with children under 18 months of age;
- Individuals who have received a secondary vocational or higher education from an accredited program and are employed for the first time in their specialty within one year of graduation;
- Persons transferred from another employer by agreement;
- Other categories as defined by the Labor Code or other federal laws or the collective agreement.
- The probation period may not exceed three months, and for the head of the organization and his deputies, the chief accountant and his deputies, heads of branches, representative offices or other separate structural divisions - six months, unless otherwise established by federal law.
- If an employment contract is concluded for a period of two to six months, the probation period may not exceed two weeks.
- The probation period does not include the period of temporary disability of the employee and other periods when he was actually absent from work.
- If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the end of the probation period, notifying him about it in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test.
- If, during the probation period, an employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance.
Applying for a job
- If an individual personal account has not been opened for the first time, the employer submits to the relevant territorial body of the Pension and Social Insurance Fund of the Russian Federation the information necessary for registration of the specified person in the system of individual (personalized) accounting.
- If a person applying for a job does not have a work record due to its loss, damage or for any other reason, the employer is obliged, upon a written application from this person (indicating the reason for the absence of the work record), to issue a new work record (except in cases where, in accordance with the Labor Code of the Russian Federation, other federal law the employee's employment record is not kept).
- At the request of the remote employee, information about his employment is entered by the employer in the employment record book, provided that it is provided by the employee, including by sending by registered mail with notification (except in cases where, in accordance with the Labor Code of the Russian Federation or other federal law, the employee's employment record is not kept).
- An employment contract is concluded with a person applying for a job. It is drawn up in writing and signed by the parties in two copies. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.
- An employment contract and an additional agreement to an employment contract providing for an employee to perform a work function remotely may be concluded by exchanging electronic documents between an employee (a person applying for a job) and an employer using an enhanced qualified electronic signature of the employer and an enhanced qualified or unqualified electronic signature of the employee in accordance with the legislation of the Russian Federation on electronic signatures (Part 1 art. 312.3 of the Labor Code of the Russian Federation). Upon a written request from a remote employee, the employer must send him a duly executed copy of the employment contract or an additional agreement on paper no later than three working days from the date of receipt of such an application.
- If a person enters into an employment contract for the first time and does so by exchanging electronic documents, then this person receives a document confirming registration in the individual (personalized) accounting system, including in the form of an electronic document, independently.
- When applying for a job (before signing an employment contract), the employer is obliged to familiarize the employee, under signature, with these Rules and other local regulations directly related to the employee's work, as well as with the collective agreement. Familiarization of a person applying for remote work with these documents can be carried out by exchanging electronic documents.
- With local regulations, orders (orders) of the employer, notices, requirements and other documents directly related to the work of the remote worker, in respect of which the labor legislation of the Russian Federation provides for their registration on paper and (or) familiarization with them by the employee in writing (including under signature), the remote worker It must be read in one of the following ways:
- in written form (including under signature);
- by exchanging electronic documents between the employer and the remote employee;
- in another form provided for by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, or an additional agreement to it.
- For all persons applying for a job, as well as for employees who are transferred to another job, the employer or a person authorized by him is obliged to provide instruction on labor protection, organize training in safe methods and techniques of performing work and providing first aid to victims.
- Employment is formalized by an employment contract. On the basis of the concluded employment contract, the Employer has the right to issue a hiring order. The content of the employer's order must comply with the terms of the concluded employment contract.
Basic rights and obligations of the employer
The employer has the right to:
- To conclude, amend and terminate employment contracts with employees in accordance with the procedure and on the terms established by the Labor Code of the Russian Federation and other federal laws.;
- Conduct collective bargaining and conclude collective agreements;
- To encourage employees for conscientious and efficient work;
- Require employees to perform their work duties, comply with these Rules, and comply with labor protection requirements.;
- Require employees to take care of the employer's property, the property of third parties held by the employer if he is responsible for its safety, as well as the property of other employees.;
- To bring employees to disciplinary and financial responsibility in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws.;
- Adopt local regulations;
- To establish and join employers' associations in order to represent and protect their interests;
- Create a production council, an advisory body formed on a voluntary basis from among the employees of this employer, who usually have achievements in work, to prepare proposals for improving production activities, individual production processes, the introduction of new equipment and new technologies, improving labor productivity and qualifications of employees.;
- Exercise the rights granted to him by the legislation on special assessment of working conditions;
- Independently assess compliance with the requirements of labor legislation and other regulatory legal acts containing norms of labor law (self-examination).
The employer is obliged to:
- Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
- Provide employees with work stipulated by the employment contract;
- Ensure occupational safety and working conditions that comply with state regulatory requirements for occupational safety and health;
- To provide employees with the means necessary for the performance of their work duties;
- Provide employees with equal pay for work of equal value;
- Pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, these Rules, and employment contracts.;
- Conduct collective bargaining, as well as conclude a collective agreement in accordance with the procedure established by the Labor Code of the Russian Federation;
- Provide employees' representatives with complete and reliable information necessary for concluding collective agreements and monitoring their implementation.;
- To acquaint employees, under signature, with the adopted local regulations directly related to their work activities;
- Promptly comply with the instructions of authorized federal executive authorities, and pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms.;
- Consider the submissions of the relevant trade union bodies and other representatives elected by employees on the identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;
- Create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;
- Provide for the household needs of employees related to the performance of their work duties;
- Provide compulsory social insurance for employees in accordance with the procedure established by federal laws;
- Compensate for damage caused to employees in connection with the performance of their work duties, as well as compensate for moral damage in accordance with the procedure and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.;
- Perform other duties stipulated by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and employment contracts.
Basic rights and obligations of employees
The employee has the right to:
- To conclude, amend and terminate an employment contract in accordance with the procedure and on the terms established by the Labor Code of the Russian Federation and other federal laws;
- To provide him with a job stipulated by an employment contract;
- To provide a workplace that meets the state regulatory requirements for occupational safety and health and the conditions stipulated in the collective agreement;
- Timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
- Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of employees, the provision of weekly days off, non-working holidays, paid annual vacations;
- Obtaining complete reliable information about working conditions and occupational safety requirements at the workplace, including the exercise of rights granted by legislation on special assessment of working conditions;
- Training and additional professional education in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
- Association, including the right to form and join trade unions in order to protect one's labor rights, freedoms and legitimate interests;
- Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as receiving information on the implementation of collective agreements and agreements;
- Protection of their labor rights, freedoms and legitimate interests in all ways not prohibited by law;
- Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws.;
- Compensation for damage caused to him in connection with the performance of his labor duties and compensation for moral damage in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws.;
- Compulsory social insurance in cases stipulated by federal laws.
The employee is obliged to:
- To fulfill his/her labor duties assigned to him/her by the employment contract in good faith.;
- Comply with these Rules;
- Observe labor discipline;
- Comply with established labor standards;
- Comply with occupational health and safety requirements;
- Take care of the employer's property, the property of third parties held by the employer if he is responsible for its safety, and the property of other employees.;
- Immediately inform the employer or his immediate supervisor about situations that pose a threat to human life and health, the safety of the employer's property, as well as the property of third parties held by the employer, if he is responsible for its safety, not to use the employer's property, as well as the property of third parties held by the employer, for personal purposes;
- Inform the employer during the day about cases of absence from work due to illness (remote workers should report cases when they are unable to start work);
- Refrain from public negative assessments of the employer and his employees;
- Mark arrival at work and departure from work (including breaks for rest and meals);
- Do not leave the workplace during working hours without the permission of the immediate supervisor;
- Smoke only during rest in designated areas;
- Be polite and avoid rough treatment of colleagues and third parties during work;
- Not to disclose information related to the employer's trade secrets. Remote workers are not subject to the obligations of employees related to staying on the territory of the employer, such as a ban on smoking in the workplace, a ban on using the Internet for personal purposes, the obligation to mark arrival and departure from work, a ban on leaving the workplace without the permission of the supervisor.
Working conditions and occupational safety
- The employer is obliged to ensure proper working conditions and take the necessary labor protection measures provided for by law.
- In the field of creating safe working conditions and labor protection, the employer is obliged to ensure:
- Safety of employees during the operation of buildings, structures, equipment, technological processes, as well as tools, raw materials and materials used in the production;
- Creation and functioning of the occupational safety management system;
- The use of personal and collective protective equipment for employees who have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation on technical regulation;
- Purchase at own expense and issue of personal protective equipment and flushing agents that have been confirmed in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with labor protection requirements and established standards to employees engaged in work with harmful and (or) dangerous working conditions, as well as in work performed in special conditions. temperature conditions or pollution-related conditions;
- Equipping with collective protection means;
- Compliance of each workplace with the state regulatory requirements of labor protection;
- The working and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
- Occupational safety training, including training in safe methods and techniques of performing work, training in first aid to victims at work, training in the use (application) of personal protective equipment, instruction on occupational safety, on-the-job training (for certain categories of employees) and verification of knowledge of occupational safety requirements;
- Organization of control over the state of working conditions at workplaces, employees' compliance with labor protection requirements, as well as the correct use of personal and collective protective equipment.;
- Conducting a special assessment of working conditions in accordance with the legislation on special assessment of working conditions;
- Sanitary and household services and medical care for employees in accordance with the requirements of labor protection, as well as the delivery of workers who have fallen ill at the workplace to a medical organization if they need emergency medical care.;
- Implementation of other measures stipulated by the Labor Code of the Russian Federation.
- In order to ensure safe working conditions and occupational safety for remote workers, the employer is obliged to ensure:
- Investigation and accounting of industrial accidents and occupational diseases in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
- Compliance with the instructions of officials of the federal executive governmental body authorized to exercise federal state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive governmental bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public control bodies within the established time limits. The Labor Code of the Russian Federation and other federal laws.;
- Compulsory social insurance of employees against industrial accidents and occupational diseases;
- Familiarization of remote workers with the requirements of labor protection when working with equipment and facilities recommended or provided by the employer.
Other obligations of the employer to ensure safe working conditions and occupational safety, established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation, do not apply to remote workers during the performance of their work function remotely, unless otherwise provided by a collective agreement, local regulations, adopted taking into account the opinion of the elected body of the primary trade union organization, including the Rules, the employment contract, an additional agreement to the employment contract.
In the field of occupational safety, employees are required to:
- Comply with labor protection requirements;
- Correctly use production equipment, tools, raw materials, and apply technology;
- To monitor the serviceability of the equipment and tools used within the scope of their work function;
- Use and correctly apply personal and collective protective equipment;
- Undergo occupational safety training in accordance with the established procedure, including safe methods and techniques for performing work, first aid training for victims at work, the use (application) of personal protective equipment, instruction on occupational safety, an internship at the workplace (for certain categories of employees) and a knowledge test of occupational safety requirements;
- Immediately notify your immediate supervisor of any identified malfunctions of the equipment and tools used, violations of the technology used, inconsistencies in the raw materials used, and suspend work until they are eliminated.;
- Comply with other requirements stipulated by the Labor Code of the Russian Federation.
Responsibility of the employer and employees
Disciplinary penalties applied to employees
- For the commission of a disciplinary offense, that is, non-fulfillment or improper fulfillment by an employee of the work duties assigned to him, the employer has the right to apply the following disciplinary penalties:
- Remark;
- Reprimand;
- dismissal on the relevant grounds.
Federal laws may provide for other disciplinary penalties for certain categories of employees.
It is not allowed to apply disciplinary penalties that are not provided for by federal laws.
- Before applying disciplinary action, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.
- Failure by an employee to provide an explanation is not an obstacle to disciplinary action.
- The order (order) of the employer on the application of disciplinary action is announced to the employee under the signature within three working days from the date of its publication, not counting the time of the employee's absence from work. If the employee refuses to get acquainted with the specified order (order) under the signature, then an appropriate act is drawn up.
- An employee may appeal a disciplinary penalty to the State Labor Inspectorate and/or individual labor dispute resolution bodies.
- Disciplinary punishment is applied no later than one month from the date of the discovery of misconduct, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
- Disciplinary punishment, with the exception of disciplinary punishment for non-compliance with restrictions and prohibitions, non-fulfillment of duties established by the legislation of the Russian Federation on combating corruption, may not be applied later than six months from the date of the offense, and according to the results of an audit, an audit of financial and economic activities or an audit - later than two years from the date of its commission. Disciplinary punishment for non-compliance with restrictions and prohibitions, failure to fulfill duties established by the legislation of the Russian Federation on combating corruption, may not be applied later than three years from the date of the offense. The specified time limits do not include the time of the criminal case proceedings.
- Only one disciplinary penalty may be applied for each disciplinary offense.
- If, within one year from the date of application of the disciplinary penalty, the employee is not subjected to a new disciplinary penalty, then he is considered not to have a disciplinary penalty.
- Before the expiration of one year from the date of application of the disciplinary penalty, the employer has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or representative body of employees.
- The employer is obliged to consider the application of the representative body of employees on violation by the head of the organization, the head of the structural subdivision of the organization, their deputies of labor legislation and other acts containing norms of labor law, terms of the collective agreement, agreement and to report the results of consideration of the application to the representative body of employees.
- In the event that the violation has been confirmed, the employer is obliged to apply disciplinary action to the head of the organization, the head of the structural unit of the organization, and their deputies, up to dismissal.
Financial responsibility of the employer
- The employer is obliged to reimburse the employee for the earnings he has not received in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, occurs if earnings are not received as a result of:
- illegal removal of an employee from work, his dismissal or transfer to another job;
- the employer 's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee at his previous job;
- 66.1 of the Labor Code of the Russian Federation), the entry of incorrect or non-legally compliant wording of the reason for the employee's dismissal into the workbook or information about the employee's employment.
- The employer who has caused damage to the employee's property shall compensate it in full. The amount of damage is calculated according to the market prices in force in the area on the day of damage compensation.
- With the consent of the employee, the damage may be compensated in nature.
- The employee submits an application for compensation to the employer. He is obliged to review the application and make an appropriate decision within ten days from the date of its receipt. If an employee does not agree with the employer's decision or has not received a response within the prescribed period, he has the right to go to court.
- Moral damage caused to an employee as a result of unlawful actions or omissions of the employer shall be compensated to the employee in monetary form in the amounts determined by the agreement of the parties to the employment contract.
- In the event of a dispute, the fact of moral damage inflicted on an employee and the amount of compensation for it shall be determined by the court regardless of the property damage to be compensated.
Financial responsibility of the employee
- The employee is obliged to compensate the employer for the direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.
- Direct actual damage is understood as a real decrease in the employer's available property or deterioration of the condition of the specified property, property of third parties held by the employer, if the employer is responsible for its safety, as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.
- The financial liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or failure by the employer to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.
- The employer has the right, taking into account the specific circumstances in which the damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the organization's property may restrict the specified right of the employer in cases stipulated by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation, regulatory legal acts of local governments, and the founding documents of the organization.
- The employee is financially responsible for the damage caused within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.
- The full financial responsibility of the employee consists in his obligation to compensate the direct actual damage caused to the employer in full.
- Financial liability in the full amount of the damage caused may be imposed on the employee only in cases stipulated by the Labor Code of the Russian Federation or other federal laws.
- Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the causes of its occurrence. To carry out such an inspection, the employer has the right to create a commission with the participation of relevant specialists.
- It is mandatory to require a written explanation from the employee to establish the cause of the damage. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up. The employee and (or) his representative have the right to get acquainted with all the inspection materials and appeal them in accordance with the procedure established by the Labor Code of the Russian Federation.
- Recovery of the amount of damage caused from the guilty employee, which does not exceed the average monthly earnings, is carried out by order of the employer. It can be done no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.
- If the monthly period has expired or the employee does not agree to voluntarily compensate the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.
Transfer of employees
6.1. Transfer to another job is a permanent or temporary change in the labor function of an employee and/or the structural unit in which he/she works (if the structural unit was specified in the employment contract), while continuing to work for the employer, as well as transfer to work in another area with the employer. Transfer to another job is allowed only with the written consent of the employee, except in cases stipulated by the Labor Code of the Russian Federation.
6.2. The employee's consent is not required to be transferred from the employer to another workplace, to another structural unit located in the same area, or to be assigned to work on another mechanism or unit, unless this entails a change in the terms of the employment contract defined by the parties.
It is prohibited to transfer or transfer an employee to a job that is contraindicated for health reasons.
6.3. By written agreement of the parties, an employee may be temporarily transferred to another job with the employer for a period of up to one year, and in the case when such transfer is carried out to replace a temporarily absent employee, who retains his place of work in accordance with the law, until the employee leaves for work. If, at the end of the transfer period, the employee has not been provided with the previous job, but he has not requested it and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.
In exceptional cases stipulated by the Labor Code of the Russian Federation, an employee may be transferred without his consent for a period of up to one month to a job with an employer not stipulated by an employment contract.
6.4. An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another existing job that is not contraindicated to the employee for health reasons.
6.5. In the event of a natural or man-made disaster, an industrial accident, an industrial accident, fire, flood, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, an employee may be temporarily transferred to remote work at the initiative of the employer for a period of the presence of the specified circumstances (cases). A temporary transfer of an employee to remote work at the initiative of the employer can also be carried out if the relevant decision is made by a state authority and (or) a local government body. The employer, taking into account the opinion of the elected body of the primary trade union organization, adopts a local regulatory act on the temporary transfer of employees to remote work.
The employee's consent to such a transfer is not required. At the same time, the employer provides such employees with the equipment, software and hardware, information security and other means necessary for them to perform their work function remotely, or pays remote workers compensation for the use of such facilities owned or leased by them, reimburses the costs associated with their use, and also reimburses other expenses related to the performance of the work function remotely.
The procedure for dismissal of employees
7.1. The grounds for termination of the employment contract are:
- agreement of the parties;
- the expiration of an employment contract, except in cases where the employment relationship is actually continuing and none of the parties has requested its termination.;
- termination of the employment contract on the initiative of the employee;
- termination of the employment contract at the initiative of the employer;
- other grounds provided for by the Labor Code of the Russian Federation and other federal laws.
7.2. The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins on the day following the receipt by the employer of the employee's application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the specified period.
7.3. In case of dismissal of an employee, his/her immediate supervisor is obliged to provide him/her with a workaround sheet. And when handing over documents and (or) material assets to responsible persons, the employee must provide them with a workaround sheet, where they mark the receipt, signature and date.
7.4. Termination of the employment contract is executed by the order (order) of the employer.
The employee must be signed with the employer's order (instruction) on termination of the employment contract.
In all cases, the day of termination of the employment contract is the last day of the employee's work, except in cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) remained.
7.5. If the remote employee is informed of the employer's order (order) to terminate an employment contract providing for the employee to perform a work function remotely on a permanent basis or temporarily, in the form of an electronic document, the employer is obliged to send the remote employee by registered mail within three working days from the date of issuance of the said order (order). with the notification, a duly executed copy of the specified order (order) on paper.
7.6. On the day of termination of the employment contract, the employer is obliged to give the employee a work record or provide information about the employer's work and make a settlement with him. Upon the written application of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work.
Upon termination of the employment contract, all amounts due to the employee from the employer are paid on the day of the employee's dismissal. If the employee did not work on the day of dismissal, the corresponding amounts must be paid no later than the next day after the dismissed employee submits a claim for payment.
In the event of a dispute over the amounts owed to an employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the above period.
7.7. When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with the Labor Code of the Russian Federation.
The employer notifies employees about the upcoming dismissal in connection with the liquidation of the organization, reduction of the number or staff of its employees, signed personally, at least two months before the dismissal.
The employer, with the written consent of the employee, has the right to terminate the employment contract with him ahead of schedule, paying him additional compensation in the amount of the average earnings of the employee, calculated in proportion to the time remaining before the expiration of the notice of dismissal.
In the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, or an agreement.
7.8. In addition to other grounds provided for by the Labor Code of the Russian Federation, an employment contract with a remote employee may be terminated at the initiative of the employer if, during the period of performing the work function remotely, the employee does not interact with the employer on issues related to the performance of the work function for more than two consecutive working days from the date of receipt of the relevant request from the employer.. An exception is the case when a longer period for interaction with the employer is established by the procedure for interaction between the employer and the employee, provided for in Part 9 of art. 312.3 of the Labor Code of the Russian Federation.
An employment contract with an employee who performs remote work on a permanent basis may be terminated if the employee changes the location of the work function, if this entails the inability of the employee to fulfill the obligations under the employment contract on the same terms.
Final provisions
- These Rules come into force from the date of approval by the General Director.
- The specifics of the work of individual employees may be established by an employment contract.
- Features of interaction with remote workers
- If, in accordance with the Labor Code of the Russian Federation, an employee has the right or is obliged to apply to the employer, provide explanations or other information to the employer, the remote employee does this in the form of an electronic document or in another form provided for by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, a labor an agreement or an additional agreement to it.
- When interacting with the remote employee and the employer through the exchange of electronic documents, each of the parties is obliged to send in the form of an electronic document a confirmation of receipt of the electronic document from the other party within the time period specified by the collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, or an additional agreement thereto. The procedure for interaction between an employer and an employee, including in connection with performing a work function remotely, transmitting work results and reports on work performed at the request of the employer, is established by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, and an additional agreement to the employment contract. The time of the remote employee's interaction with the employer is included in the working hours.
- The employer provides the remote employee with the necessary equipment, software and hardware, information security and other means (hereinafter referred to as the means) to perform their work function.
- A remote employee has the right, with the consent or knowledge of the employer and in his interests, to use the employee's or rented funds to perform the work function. At the same time, the employer pays compensation to the remote worker for the use of funds owned or leased by him, as well as reimburses expenses related to their use, in accordance with the procedure, terms and amounts determined by the collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract.
- In order to provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, a remote worker sends the employer the originals of the documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with a notification or provides the employer with information about the series and number of the disability certificate generated by a medical organization in the form of an electronic document. in the case of, if the specified medical organization and the employer are participants in the information exchange system for the exchange of information in order to form a disability certificate in the form of an electronic document.
- When a remote worker submits an application for the issuance of duly certified copies of work-related documents (Article 62 of the Labor Code of the Russian Federation), the employer must send these copies to the remote worker on paper (by registered mail with notification) or in the form of an electronic document no later than three working days from the date of submission of the said application. if this is indicated in the employee's statement (in accordance with the procedure provided for in Part 9 of Article 312.3 of the Labor Code of the Russian Federation).
- Within the framework stipulated by the requirements of the legislation of the Russian Federation, FZ - 152 "On Personal Data" and regulatory legal acts adopted in accordance with them, BM-ELECTRO LLC uses a video surveillance system to ensure the safety of employees and third parties; to ensure the safety of employees' property, the property of BM-ELECTRO LLC and third parties persons; control over the quantity and quality of work performed, established by the job descriptions of employees of BM-ELECTRO LLC; compliance with labor discipline; monitoring compliance with occupational health and safety requirements.
- These Internal Regulations are mandatory for all employees of BM-ELECTRO LLC.