Employers and employees of most modern enterprises, both large and small, prefer to adopt the Internal Labor Regulations - a document that clearly regulates their relationship in the process of employment. Over time, it may become necessary to amend this local regulation.
The Labor Code of the Russian Federation determines that the Internal Labor Regulations are a local normative act regulating, in accordance with the legislation, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, work hours, rest time, incentives and penalties applied to employees, and etc.
As a rule, local regulations are approved at the enterprise by order or order of its head. According to Art. 190 of the Labor Code of the Russian Federation Internal labor regulations (hereinafter - the VTR Rules) are approved by the employer, taking into account the opinion of the representative body of employees, if such a body exists in the organization.
The Labor Code of the Russian Federation does not clearly define the procedure for making amendments and additions to the VTR Rules. Therefore, here one should resort to such a technique of eliminating gaps in legislation as the "analogy of the law". That is, the VTR Rules are changed in the same order as they are adopted, and here there are two possible scenarios for the development of events.
Option 1. The VTR rules are adopted in the organization as an independent local normative act. In this case, they are approved, as well as supplemented and amended in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation. Thus, the employer sends the draft to the elected body of the primary trade union organization in writing, submitted to the employer no later than five working days from the date of receipt of the draft.
In case of disagreement of the trade union body with the draft amendments to the MTP Rules, the employer may agree to the variant of changes proposed by this body or hold additional consultations with the elected body of the primary trade union organization of workers in order to reach a mutually acceptable solution.
All disagreements are formalized in a protocol, but even if they exist, the head of the organization has the right to accept amendments to the WTP Rules, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate, in court, or to start the procedure of a collective labor dispute in the manner prescribed by this Code.
Option 2. If the VTR Rules are an annex to the collective agreement (they are an integral part of it), then they must be changed and supplemented in the order of amendments and additions to the collective agreement (Article 44 of the Labor Code of the Russian Federation).