Text documents are ways to create legal force. Conditions for giving legal force to documents prepared using the "elections" gas. Features of registration and giving legal force to notifications
one ?. The concept of "legal force of the document", its consolidation in the state standard.
GOST 51141-98 “Office work and archiving. Terms and Definitions". The legal force of a document is a property of an official document, communicated to it by the current legislation, the competence of the body that issued it, and the established procedure for registration.
2?. Information on the form of the document. The content of the document, its binding nature. The composition of the certificate of documents: approval, signature, seal.
For a document to be valid, it must be:
Properly framed;
Do not contradict the content of the current legislation;
Be published by an organization entitled to do so.
The absence of the necessary details or their incorrect execution may lead to the fact that the document will not have legal force (for example, there is no signature or date). If it does not contain a title to the text or a note about the artist, then this will only lead to certain difficulties in working with the document, but will not affect its legal significance.
The legal force of the document is ensured by a set of details established for each type of document - mandatory elements of formalizing an official document. The main document that establishes the composition of the details and the requirements for their execution is GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork". Mandatory requisites that ensure the legal force of documents are:
Name of the organization (official) - the author of the document;
Name of the document type;
Document date;
Registration number;
Document approval stamp;
Signature;
Also according to some sources: approval visa, a mark on the certification of a copy, reference data about the organization.
Signature is a mandatory requisite of any document; an official, signing a document, assumes responsibility for the authenticity of the document and for all possible consequences document execution.
Document date- one of the most important details of the document. The absence of a date on the document makes it invalid.
Seal- legally significant requisite, used to certify the signature of an official on the most important (or financial) documents.
Approval stamp- some documents acquire legal force only from the moment they are approved by the head or a higher authority.
Registration number is an additional guarantee of the authenticity of the document. It indicates that the document has passed all stages of processing, is registered and thus is an official document of the enterprise.
Legislative and regulatory framework for personnel records management
The structure of the legislative and regulatory framework for personnel records management:
1. Laws Russian Federation.
2. Decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation; Methodological documents of organizations, local executive authorities on personnel records management.
3. Normative acts of the State Standard of the Russian Federation, ministries, departments, federal executive authorities.
Labor and pension legislation on the obligation to document work with personnel.
· Labor Code of the Russian Federation. This is the basic law that should guide the work of a personnel specialist in any organization. The norms of the Labor Code regulate the procedure for hiring and dismissal of employees, the organization of their working time and rest time, the conditions for paying wages, and the provision of various benefits and compensations to employees.
· Qualification directory of positions of managers, specialists and other employees (Approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37 (as amended on April 20, 2001): one of official duties the head of the personnel department is to ensure the preparation of documents on pension insurance, as well as their submission to the social security authority. Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, switching from one pension to another in accordance with the Federal Laws "On labor pensions in the Russian Federation" (dated December 17, 2001 No. 173-FZ) and "On state pension provision in the Russian Federation" " law( dated December 15, 2001 No. 166-FZ) (approved by the Decree of the Ministry of Labor of Russia and pension fund RF dated February 27, 2002 No. 17/19pb; registered with the Ministry of Justice of Russia on May 31, 2002 (registration number 3491); published in "Rossiyskaya Gazeta" dated 05.06.2002).
Presentation of personnel documentation in the course of supervisory and control activities by the bodies of the Federal Labor Inspectorate, other federal and public bodies supervision and control; prosecution authorities.
・According to regulations Labor Code RF, the state labor inspectorate is empowered to supervise and control employers' compliance with labor laws. State labor inspectors have broad rights in the exercise of supervision and control, have the right to freely visit organizations of all organizational and legal forms and forms of ownership, as well as employers - individuals, request from employers and their representatives documents, explanations, information necessary to perform supervisory and control functions.
· Federal Law of the Russian Federation of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection". Based on this law, all the work of the personnel service with the personal data of employees is built. For example, the question of how will be processed and where will be stored the information received from the employee when he enters the job is being decided.
· Law of the Russian Federation of July 29, 2004 No. 98-FZ "On Commercial Secrets". It establishes a list of information that may constitute a commercial secret of the organization, a list of employees who have access to it, a procedure for familiarizing with secret data, and responsibility for the dissemination of confidential information.
· Law of the Russian Federation of July 17, 1999 No. 181-FZ "On the fundamentals of labor protection in the Russian Federation". The provisions of this document allow you to competently build a system of labor protection in the organization. If a violation of the rules of labor protection and safety is revealed, the labor inspector brings the guilty officials to administrative responsibility.
· Law of the Russian Federation of August 8, 2001 No. 134-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the course of state control (supervision)". The law gives an idea of the rights and obligations of the employer when conducting various inspections in the organization. For example, the law refers to the documents that the employer has the right to require from the inspector when he appears in the organization, the right of a company representative to personally be present during the inspection, how the organization can appeal the unsatisfactory results of the inspection.
One of the goals of documentary support of management is the evidence of the organization's activities. Only in order to, on occasion, argue some action or decision, prove some event in the life of the company, and office work is carried out. But not every document can become evidence, but only one of them that has the so-called legal force. What is the legal force of a document and how to achieve it, we understand the article.
Legal force of the document
Legal validity of a document: the property of an official document to cause legal consequences. This definition gives
In other words, a legally significant document can be presented to the court as evidence, can be attached to the contract, presented at any verification. Now let's see how to distinguish documents that have legal force from those that do not.
Requisites that give legal effect
The main details ("first order") that give the document legal force are the signature and.
Only an authorized person has the right to sign any document. So, for example, the CEO can sign any document in his company. The Human Resources Director may sign all or some of the documents personnel, but only if he has a power of attorney to do so. And the power of attorney is issued and signed by the same general director. The head of the department can sign, for example, instructions that apply only to his department. But the right to do so was again given to him by the first person of the company. The same goes for assertions.
On one document, either a signature or a stamp of approval can be issued.
The “second-order” requisite, on which the legal force of the document may also depend, is the registration data of the document ( , ). This also includes the form of the document, which, although it is not a prop, combines several at once. At the same time, please note: without a signature / stamp of approval, the document, although registered and printed on a form, will not have any legal force.
Legal force of a copy of a document
By itself, it has no legal force. Everything changes if you make a certification mark on the copy. The mark means that this particular copy is absolutely equivalent to the original, and there is a specific person who is responsible for this - he signs the mark.
Legal force of the electronic document
Unambiguously and unequivocally, an electronic document has legal force only in one case: if it is signed by an enhanced qualified signature of an official. These signatures are registered in specially authorized certificate authorities.
At the organization level, it is possible, by issuing an appropriate local regulation, to establish that an action performed from an employee account has legal force. For example, if an employee accepts a task in the EDMS, having previously logged into the system with his username and password. But this is only inside the company: in the external environment it is unlikely that it will be possible to prove that this particular action was performed by this particular person.
We conclude that only original paper documents and their certified copies, as well as electronic documents signed with an enhanced qualified electronic signature, have legal force.
In organizations, as part of the production process, employees conduct internal correspondence with each other. They write statements, inform each other with notifications about the progress of the work done or about how it should be done. Often such documents are of high importance and therefore must have legal force.
To give the document legal force, the following rules must be observed:
the employer, when creating an internal correspondence document, must adhere to the current legislative norms;
an employee can issue a document only within his competence;
the employer is obliged to comply with the rules for the preparation and execution of documents, as well as familiarization of employees with it (if necessary).
Requisites that give the document legal force
The mandatory composition of the details that gives the created documents legal force:
1. The author of the document (name of the organization, institution, enterprise, indicating departmental affiliation or legal form). An alternative would be to print the document on letterhead. Some documents additionally indicate the city in which this document was published.
2. Title of the document (order, regulation, etc.).
3. Date of creation of the document, its approval, entry into force.
4. Registration index (number) of this document in accordance with the registration system adopted by the company.
6. Signature of the head of the organization or a responsible person authorized by him. The signature of the head can be affixed in several forms, in particular:
6.1. Direct signature (as under orders in unified forms - indicating the position, decoding of the signature and the signature itself).
6.2. A direct stamp of approval signed by the head (or an authorized official) of this organization. The stamp of approval is affixed to the top header of the document on the right side.
6.3. Indirect stamp of approval, mediated, for example, through approval by order. Such a stamp is affixed, as a rule, also on the upper heading of the document on the right side (as in the unified form T-3 - Staffing).
6.4. In the form of a manager's resolution, for example, on an employee's statement. The resolution must contain four components: the recipient of the resolution, the administrative action or instruction itself, the signature of the head and the date the resolution was issued. The resolution is affixed, as a rule, by hand in any free space of the document, but usually in its upper part.
7. Approval visas for those types of documents that without such visas will not have full legal force. For example, approval visas with the primary trade union body, taking into account the opinion of the representative body, agreement with a lawyer, with the chief accountant, etc. Documents that require approval are determined by the requirements of current legislation, unified forms and internal local regulations of the organization itself, in particular, instructions for office work or regulations for departments, etc. (if any). The approval visa can be in the following forms:
7.1. An indication of the document that confirms the approval (unified form T-7). The stamp of approval is affixed, as a rule, in the lower part of the design on the left side.
7.2. Indication of the wording confirming the agreement, position of the person or persons with whom the agreement was made, signature / signatures, their transcripts and dates of agreement. The approval visa is affixed, as a rule, at the bottom of the formalizing part of the document or in any free space.
8. Familiarization visas must be under all personnel orders and other documents, which in essence must be conveyed to a certain circle of employees. This requisite also includes the handwritten date of familiarization by employees under the signed document. The familiarization visa is affixed at the bottom of the document in the center or on the left side.
The unified forms developed by the State Statistics Committee are built taking into account giving documents legal force and contain all the specified details (although there are exceptions, for example, an employee’s personal card - the unified form T-2 does not contain a registration number, since these documents are not stored chronologically, but alphabetically).
An example of all the specified details on a unified form is given below using the unified form T-6 as an example - an order for vacation.
Giving legal force to documents of internal correspondence
Internal correspondence in the organization solves the following tasks:
1. Expresses and documents in writing the opinion, request, proposal of one of the parties, the employer or employee, or is in the nature of informing the other party.
2. It is an integral link in the procedure for terminating an employment contract, transferring employees, registering leave and other personnel procedures.
3. Serves as necessary documentary evidence when considering a labor dispute.
In order for internal correspondence to perform all of the above tasks, the following conditions must be met:
1. The document must be correctly executed, with all the necessary details for it.
2. The document must have registration number according to the register of incoming and outgoing documentation.
3. This document must be officially answered by the receiving party. For example, in the form of a resolution.
4. The document must be stored taking into account the established archival requirements.
Most often, the employee conducts internal correspondence with the help of statements, official and memos, and the employer - in the form of notifications. Documents of internal correspondence are drawn up not only if it is necessary to exchange official messages between employees, but also between heads of departments and employees, heads of one department and others, etc.
Currently most of this correspondence is carried out in in electronic format, by messaging by email . With such messages, it is extremely difficult to prove that this electronic document was created by this particular employee (even when setting passwords, you will have to prove that no one except this particular employee knew the password for accessing a particular email). Therefore, in the event of a conflict or possible conflict, it is recommended to draw up documents in paper form, certifying with your signature, and register through an official in the company responsible for registering the document.
It is possible to give such correspondence legal force if the employee prints out the electronic messages and the official registers them. In addition, the internal documents of the company (internal local regulations) need to fix just such a method of information exchange, as well as the frequency of checking messages, as a working mechanism for communication.
Consider general principles giving legal force to documents of internal correspondence - statements and notifications. These documents are often the main evidence in labor disputes, so competent work with them is extremely important to protect the interests of the employer.
Features of registration and giving legal force to statements
It is in the interests of the employer that the personal statements of employees be completed by hand. Typically, organizations use template forms in which at least the signature of the employee and the date the application was signed must be filled in by hand. Often such execution of statements is interpreted in a judicial conflict as a fact of pressure on the employee.
In principle, the application can also be created automatically, but, nevertheless, after that it is printed out and signed by the person who draws up this application.
It is desirable that in the application, taking into account the above procedure for giving legal force to documents, the following details should be included:
1. The name of the document is "Application".
2. Addressee - to whom the application is sent, indicating the position in a particular organization, full name. official.
3. Compiler - from whom it is sent, indicating the position and full name. worker.
4. Text of the statement.
5. Signature of the originator of the application.
6. Date of the application.
7. Signatures of approval (most often with the head of the structural unit - if necessary). This prop is optional. Therefore, its presence is determined by the principles of working with such documents in a particular organization.
8. Application registration number. The number is assigned to the document according to the journal of incoming documentation (or another journal, depending on the construction of the registration system in a particular organization), indicating the number, date of acceptance of the document and the signature of the responsible person (for example, secretary). The person responsible for receiving these documents puts down the number.
9. Resolution of the person to whom the application was addressed or who is authorized to resolve a specific issue. The resolution must contain a handwritten signature, the date and an administrative decision on the issue of the application indicating the specific official (his last name or simply the department) to whom this order is sent and (if necessary) the date by which the order specified in the resolution must be fulfilled.
10. After personnel procedures are carried out on the basis of this application, marks can be made on it on the execution of the order of the head (see Example 8). They are affixed, as a rule, at the bottom of the design part of the document on the left or in any free space.
11. There may be marks of the number of the case to which this application is sent.
Here is an example of an application with all the necessary details in it.
Features of registration and giving legal force to notifications
The employer writes notices in order to inform the employee about something. For example, to warn him about the proposed reduction in staff (Article 180 of the Labor Code of the Russian Federation), about the upcoming regular annual leave, according to the company's vacation schedule (Article 123 of the Labor Code of the Russian Federation), about the upcoming change in the terms of the employment contract (Article 74 of the Labor Code of the Russian Federation), about that urgent labor contract with an employee is reduced (Article 79 of the Labor Code of the Russian Federation), etc.
Formal notices to comply with the procedure provided for by labor legislation must be drawn up only in paper form, since these documents will be confirmation of compliance with the established procedure, and the employee confirms the receipt of this notice, as a rule, on the document itself.
Below are extracts from the Labor Code, confirming the requirement of a written form of notification in some cases of compliance with the requirements of labor legislation.
Document Fragment
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Labor Code of the Russian Federation Article 74 (...) The employer is obliged to notify the employee of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. writing not later than two months, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, the employer is obliged to writing to offer him another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. Article 79. Termination of a fixed-term employment contract A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to its expiration at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires. Article 123 The order of granting paid vacations is determined annually in accordance with the vacation schedule (…). The employee must be notified of the start time of the vacation. under painting no later than two weeks prior to its commencement. Article 180 (...) Employees are warned by the employer personally and under painting at least two months prior to termination. |
The notification has all the same details that should be on any personnel document.
Document registration system for internal correspondence
It will be easier for the employer to defend himself in the event of a labor conflict (including a judicial one) if the organization has a competently built document registration system. The system of registration in the company is necessary for:
recording the availability of documents and tracking their movement;
giving legal effect to company documents;
optimal organization of internal document flow at the enterprise;
protecting the interests of the employer in the event of a judicial conflict. AT this case the journal system of registration will confirm the fact of creation of the document in a certain date.
The number of journals (books of accounting) that must be kept directly depends on the characteristics of the organization's activities. In order for the accounting journals (books) to perform not only the function of registering documents, but in the event of a conflict, they could serve as proof that the document was actually created in a certain period of time and could not be entered later, it is recommended to follow the following rules for registering these journals.
Journals must:
have a hard cover (to comply with the shelf life);
have a glue binding (to prove the impossibility or difficulty of removing a sheet or adding a sheet to an existing journal);
have numbered pages from beginning to end;
be stitched;
be certified by the seal of the legal entity and the signature of the head of the organization (with the exception of the first two books of accounting of work books, which must be certified by a wax seal or seal (clause 41 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 "On work books").
Interior view journals in which it is possible to register documents of internal correspondence is developed by the organizations themselves, since there are no unified forms of journals. Below is an example of their form.
Copies and duplicates
Often documents of internal correspondence are transferred to officials in the form of copies or duplicates, in particular if the original document is sent to a higher official or filed into the case file, but some further actions must be taken on the document.
Copy The document can be facsimile or free. Fax copy fully reproduces the content of the document and all its external signs- details contained in the original (including signature and seal) or part of them, especially their location. free copy created on typewriters, contains all the details of the document, but does not necessarily repeat its form.
The employee responsible for the documents certifies the copies. Certification of copies is made by affixing the word "True" or "Copy is correct" and indicating the signature, its transcript and the date of the responsible person. As a rule, the certification note is affixed at the bottom of the formal part of the document in any free space.
If the document is submitted to other organizations, on copies of documents (extracts from them) be sure to stamp .
Duplicate - a duplicate copy of an official document that has the legal force of the original.
* * *
So, documents of internal correspondence cannot be underestimated - often from their correct design and processing depends on the recognition of the legality of the procedure. But it is with these documents that employers most often do not know how to handle. Such papers are not registered, not taken into account, not agreed upon, which negatively affects not only the legal force of the document, but also the management procedures carried out in the company. Often, because of this, the employer cannot prove the guilt of a particular employee and cannot apply legal methods for applying a disciplinary sanction or terminating an employment contract with an employee. Many companies start building a system for working with documents already on their mistakes, but it’s better to prevent Negative consequences than to deal with their result.
1 Handwritten date
2 Personal date
The GAS "Vybory" system is a rather complex system, and to ensure its efficient use, stability and reliability, a number of formalities of an organizational and technological nature have been introduced. The electoral process and the process of holding referenda is due to the use of many documents on paper and electronic media. Such documents must have the same legal force. While paper-based documents are subject to traditional requirements, electronic documents are subject to special requirements. It is no coincidence that the Law "On GAS "Vybory"" stipulates the conditions for giving legal force to documents prepared using the GAS "Vybory", since the results of the electoral process and the process of holding referendums are of great political importance.
We list the conditions for ensuring the authenticity of documents prepared using the GAS "Vybory":
- 1. paper document, prepared using GAS "Vybory" in accordance with federal laws, acquires legal force after it has been signed by the relevant officials.
- 2. An electronic document prepared using the GAS "Vybory" acquires legal force after signing it with electronic signatures
- 3. Minutes, a summary table of voting results, other summary documents prepared in electronic form using the GAS "Vybory" acquire legal force in the manner after mandatory verification in the prescribed manner using public keys of electronic signatures of the authenticity of all source electronic documents, on the basis of which a consolidated electronic document is prepared.
- 4. In the process of entering into the GAS "Vybory" system data an electronic document is formed, which is signed with electronic signatures relevant officials.
- 5. Compliance data electronic document data document on paper confirmed by computer printout, which is signed by the relevant officials and attached to the reporting documentation. The fact of entering data into the GAS "Vybory" and the formation of an electronic document signed with electronic signatures are recorded in a special journal.
- 6. The transfer of electronic documents to a higher election commission, a referendum commission using the GAS "Vybory" is carried out exclusively after verifying the validity and authenticity of electronic signatures, affixed to each transmitted document, using public keys of electronic signatures.
- 7. Test results are confirmed by a computer printout of the verification protocol. This printout is signed by officials in the prescribed manner and is attached to the reporting documentation. The fact of transferring data to a higher election commission, referendum commission shall be recorded in a special journal of the lower election commission, referendum commission.
- 8. The authenticity of electronic signatures affixed to each electronic document received by a higher election commission, a referendum commission from a lower election commission, a referendum commission, verified using electronic signature keys. The fact of checking the reliability of received electronic documents is confirmed computer printout of the verification protocol. This printout is signed by the relevant officials in the prescribed manner and is attached to the reporting documentation. The fact of such a check is also recorded in a special journal.
The discrepancies between the preliminary and final election results can be calculated in thousandths of a percent and are explained not by some shortcomings of the electronic or "paper" methods, but by the delay in the transmission of data from some especially remote points of the country. These discrepancies do not affect the real outcome of the elections.
When holding elections and referendums, as the final peripheral equipment of the system in polling stations, ballot processing complexes integrated into the Vybory SFS network can be used. They have already been used experimentally in elections in a number of regions of the country. During these events, various engineering and technical solutions for the problem of automatic counting of votes and transmission of information were tested, and they also make it possible to automatically sum up the results various types voting in just 20-25 minutes after the end of voting.
Along with saving time, the system allows checking the authenticity of ballots simultaneously with voting, technically guaranteeing the protection of voting results from falsification, and providing a visual demonstration of the election process in all regions of the country in real time dynamics. On election day, the interim voting results according to the schedule are received by the CEC of Russia in the form of statistical, schematic, textual, audio and visual information and, after processing, are promptly transferred to the media.
Details of documents that provide legal force (GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork")
In various organizations, during the development of a project or during the production process, employees correspond with each other. Very often, production correspondence contains quite important information, as employees in it describe the quantity and quality of the work performed or write how it should be done. Therefore, such correspondence must be legally binding.
This is a rather painstaking process, since giving documents legal force requires compliance with certain rules. The most important rule is compliance with the current legislation by the employer. By the way, it is he who should create internal correspondence. Also, the employer must know and, of course, follow the rules for processing the documents necessary to create internal correspondence. It is also the responsibility of the employer to familiarize employees with all correspondence documents. Some rules for writing correspondence apply to employees of the company. For example, an employee cannot issue a document that is not in his competence.
In order for the correspondence to become legally valid, a certain set of details must be collected:
1. The author of the documents must be indicated. For example, the name of the organization in which internal correspondence takes place, respectively, should indicate the departmental affiliation or may indicate a certain organizational and legal form. In order to avoid unnecessary trouble, it is recommended to print the document using letterhead. Some internal correspondence documents require the city in which the document was written.
2. The document must contain the name, order, etc.
3. Several dates are indicated in the body of the document: the date when the document was created, the date of its approval and the date of entry into force.
4. legal document must have a registration number. It must comply with the company registration system.
5. The text of the document should accurately reveal the essence of its title. It is one of the determining factors in the creation of a legal document.
6. The document must be confirmed by the signature of the head of the company or the person responsible for the creation of this document. The signature can be put in various ways. For example, a direct signature. It is most often used when signing various orders; the position and decoding of the person who signs the document is additionally indicated. Also, the signature can be put in the form of a stamp of approval. The neck itself is placed in the upper right part of the document. The indirect neck is another form of signing. Such a neck is usually placed upon approval, by some order. The employee's statement may be signed by the head in the form of a resolution of the head. Such a resolution consists of four parts: 1) the recipient of this resolution; 2) Description of the order or decree; 3) signature of the head; 4) end date of the resolution. The resolution can be placed both in the upper right corner of the document, and in any part of it in capital letters.
7. There are documents that cannot become legally valid without approval visas. Visas are one of the most difficult requisites, that is, they are not easy to draw up. Among the visas may be: 1) the visa of the coordination of various disagreements with the trade union body; 2) When drawing up many documents, the opinion of the representative body is taken into account. 3) All drawn up documents are first of all coordinated with the lawyer of the enterprise and the chief accountant. Documents that require the coordination of various individuals are determined by the norms of current legislation and various norms adopted by the enterprise itself (if any). Enterprise standards are various instructions or positions in relation to departments of the organization. A documentary approval visa can be drawn up in various types. There may be a link to a document that confirms the agreement between the parties. In this case, the approval bar itself is usually located in the lower left corner. There may also be a wording or a link to it, which proves the agreement (the positions of the persons who came to the agreement, as well as their signatures and transcripts, must be indicated). At the end, the date of approval should be indicated. Such a visa can be located in any free space of the document.
8. Such requisite as familiarization visa must include all personnel orders and other required documents. They should be familiarized with all employees one way or another participating in production correspondence. The date of acquaintance of employees with the props should be put in the requisite. The visa itself must be affixed to the bottom, concluding part or in the middle, to the left of the document. For this, the State Statistics Committee has developed special forms. With the help of these forms, the document acquires legal force if it contains all the necessary details. This facilitates the work of lawyers working on the document and makes the document more understandable for an employee who is far from legal affairs.
In order to give legal force to documents of internal correspondence, one should take into account what tasks the correspondence itself solves.
1. Informs the parties about the work done, fixes the proposals and wishes of one of the parties working on the project regarding the quality and speed of work.
2. It is one of the most important links in the process of dismissal or vacation, transfer of a worker to another place of work.
3. In the event of a labor dispute, industrial correspondence can become the document that will help resolve this dispute.
In order for internal correspondence to perform all the tasks listed above, you must follow the following rules:
1. The document should be correctly executed with the presence of all the details necessary for correspondence.
2. The recipient of this document must agree to its execution. Usually consent can be formally confirmed in the form of a resolution.
3. The document must be assigned a registration number, which must be in a special journal for tracking incoming and outgoing documents.
4. During the execution date of the document, it must be kept in a safe place (for example, in a company safe).
Basically, the internal correspondence of the employee contains various statements, memos, and the internal correspondence of the employer with the subordinate contains various notifications about work and more. Production correspondence documents are legally formalized if there is correspondence between employees, an employee and a supervisor, and between heads of various production departments. As a rule, employees exchange official messages most often.
At present, technology has gone far ahead, and if 15 years ago they exchanged messages written on paper, now they do it using e-mail. This method allows you to instantly deliver a message to an employee located far away from you, but it also has its drawbacks. It is difficult to prove that this particular employee wrote this message, and no one else. Even if a password system is introduced, it is difficult to accurately determine that no one except the employee himself knows this password. Therefore, if you assume that a conflict may arise or has already arisen in an enterprise, write a document on paper and certify with your signature, it will be much more reliable. Also, it would not hurt to register your document through a person who registers all company documents.
If you still use e-mail, the employee who received your message must print this document and register it. Also, it is necessary to develop in the company a special method for regularly checking e-mail. In this case, the correspondence will include two main advantages: fast sending and receiving of messages, as well as high reliability in the event of a conflict. This will only work for you.
Statements and notices are the most significant documents for protecting the rights of the employer in resolving various conflicts. Therefore, we will consider ways to give them legal force. Design rules are very important in this process.
Usually, in various organizations, when hiring, they use special forms that the employee must fill out by hand. After filling in the lower right corner, the employee puts the number of the application and signature. The application can also be printed out on a computer, the person being hired only needs to sign this application and get to work. In principle, such registration is quite legal, but some courts perceive it as pressure on the employee. Therefore, it is better to write a statement by hand, this will allow you to avoid some trouble in case of a conflict. It is desirable that the necessary details be present during the execution of documents, otherwise the document will not enter into legal force.
1. First you need to specify what type of documents this document belongs to. In this case, the title of the document should be written "Statement".
3. Then the compiler of the application is written. As well as in the addressee, you write your full name and position.
4. After you have described the addressee and the originator, write the body of the application itself (text).
5. At the end of writing the text, the compiler puts his signature and the date of writing the application.
6. Usually, after the signature of the compiler, the signature of the agreement is put, that is, the manager who hires you signs the document. This is optional and it all depends on the attitude of the enterprise to this issue. Therefore, do not be afraid that you were not hired when there is no signature of the head.
7. Further, after all issues have been resolved, the application is registered in the register of incoming documentation by an authorized person who affixes the registration number of the document, the date of its acceptance and his signature. This is a mandatory procedure, because without it the document cannot come into effect. The authorized person of the organization is most often personal secretary employer.
8. It is necessary to draw up a resolution of the person to whom the application is addressed and who can resolve this issue. The resolution must consist of a signature, the date of its compilation and a decision on the application, indicating all the data about the person to whom it concerns.
9. After the application is completed, the head of the enterprise puts notes on it about its implementation. They are placed in any free space of the letter. Also, the head can put the marks of the case in which your application lies.
Notifications are also an integral part of the documents necessary for the normal operation of the enterprise. The employer, by means of a notice, informs the employee about the upcoming changes. This may be a reduction in staff, another vacation, future changes in the employment contract, etc.
Legal notices should be written on paper, as required by labor law. The employee, upon receipt of the notification, signs on the document itself. This is exactly what the labor procedure of each enterprise should be like, when none of the courts can find fault with paperwork.
For greater certainty, I will give you some extracts from the Labor Code, which confirm the existence of only a written form of notification. Article 74 implies a change in working conditions by the employer. At the same time, the employee has the full right to refuse work or offer the employer new working conditions. If the employee refuses to work, the employer must offer him new working conditions. The employer is also obliged to provide the employee with a preliminary notification letter before changing working conditions.
Article 79 This article refers to the termination of the employment contract. A fixed-term employment contract terminates if the term of this contract has expired. In this case, the employee must receive a three-day notice of dismissal due to the end of the planned work period. The employer has the right to extend the period of work of this employee only in cases where the employee is not opposed to continuing cooperation with the employer.
Article 123 speaks of receiving annual leave. The employee has the right to receive annual leave at the enterprise. In this case, the employer must notify the employee about the start of the vacation two weeks before it starts. The employee is given a letter with a notification against receipt. the beginning and end of the vacation depends on the annual vacation schedule. The employee has the right to refuse leave or postpone it to any time available to the company. If an employee refuses annual leave, the number of days from this leave to the next one is added to him.
Article 180 describes the compensation provided by an organization hiring a worker for a permanent job in the event of a sharp reduction in staff or in the event of the bankruptcy of the company or in other unexpected circumstances. In case of redundancy, the employee must be notified of the dismissal two months in advance. This period is given so that the employee can find a job in his specialty. In all these cases, the employer will need to confirm the fact of notifying the employee for a certain period of time, which meets the requirements of labor legislation. Therefore, such notices are given to the employee under a personal signature. And the most important thing when delivering a notification is not so much the signing by the employee, but the indication of the date of receipt of such a notification. The notice must have details similar to those that should be in any personnel document. Next, we will consider the system for registering documents that relate to internal correspondence. The document registration system allows the employer to successfully defend himself in the event of production troubles. The better and simpler the registration system is built, the easier it will be for the employer to defend his rights. In such cases, it is better to play it safe once again. Typically, a document filing system is used in the following cases.
The notice must have details similar to those that should be in any personnel document. Next, we will consider the system for registering documents that relate to internal correspondence.
The document registration system allows the employer to successfully defend himself in the event of production troubles. The better and simpler the registration system is built, the easier it will be for the employer to defend his rights. In such cases, it is better to play it safe once again.
Typically, a document filing system is used in the following cases:
1. Checking the availability of documents and controlling their movement.
2. With the help of the registration system, the enterprise has the ability to give legal force to any registered document.
3. Registration allows you to achieve optimal workflow speed.
4. In the event of any production conflict, the journal registration system will confirm the creation of the document on the required date.
The number of journals of the registration system that perform the function of registering documents depends on the direction of the enterprise's activity. In order for the registration logs to be able to confirm the date of creation of the document, that is, for the log to prove that the document could not be entered into the registration later, some rules must be observed.
1. The magazine must have a strong cover so that any incident cannot damage valuable information.
2. To prove that a sheet could not be pulled out of the magazine or an additional one inserted, a magazine with an adhesive cover should be started. It also wouldn't hurt to additional security number the pages.
3. When creating a log, you must create an attestation record. This entry includes: the name of the journal and its purpose, the number of pages (should be written first in numbers and then in capital letters), the date of registration and the signature of the head of the enterprise. The certification note is glued on the back page of the registration book, as well as on the front cover.
4. The journal must be stamped by the company's lawyer and signed by the head.
The internal view of the journal is developed by the company, since there are no legal grounds to assign any special forms to journals for internal correspondence.
When, according to the materials of the case, it is necessary to solve any problems, necessary for production, employees are given a copy of the document. This is done to protect the document from accidental or special damage. The original document is usually given only to the heads of the department, and even then not always. Usually the original is in a safe in the director's office.
Copies of the document are divided into two types: facsimile and free. A facsimile copy completely repeats the document, contains all the details, features of the location of the details in the document. A free copy is created using the company's typewriters or computers. It does not represent the document so accurately, but it fully conveys the essence of the information contained in the document. Usually a free copy differs from the original in that it does not repeat its shape.
An employee who takes a copy of a document for any purpose certifies it. At the same time, he is responsible for the safety of the document. To be sure that the copy fully reflects the information of the original, the person who takes it carefully studies it, puts down the word correctly and signs the copy for the sign of receipt. Usually a copy is signed in a free corner where there are no entries. If the document is provided to other organizations, its copies are stamped by the organization to which it is transferred. There is also such a type of copy as a duplicate. It differs from the ordinary copy of those that have the same legal properties as the original. A duplicate is very useful when applying to the court, since when it is transferred, the original lies on your desk and you do not worry about its safety. Keep in mind that courts tend to lose documents from time to time, so it's best not to risk it, especially if the documents are important.
