2 details giving the document legal force. The legal force of the document. The legal force of an electronic document and its mandatory attributes
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". Legal force 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 value.
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;
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 RF. 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 dismissing employees, organizing their working time and rest time, the conditions for paying wages, and providing employees with various benefits and compensations.
· 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 of the Russian Federation, 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.
The document is the carrier of information. Each management document is a carrier of information, used for its collection, analysis, development and adoption of a management decision, its communication to direct executors, interested organizations or citizens. The main requirement for administrative documents is formality, reliability, objectivity. This requirement is implemented when the document is endowed with legal force, i.e., the condition under which the information of the document can be used in the field of management without doubting its reliability for the implementation of any actions. At present, the indisputability and binding nature of a document is also determined by the concept of "legal force of a document".
For management activities, the legal force of documents is extremely important, since they serve as a way of proving the information contained in them and represent one of the forms of expression of law. The legal force of a document is understood as the indisputability and authority based on legislation. The legal force of the document implies its obligation for those to whom it is addressed, or for the circle of participants in management (government bodies, their structural divisions, public organizations, officials, civil servants and citizens) who are guided by this document and base on it their activities or abstain from them.
Some documents, for example, legal acts of federal representative and executive authorities, judicial, prosecutorial, notarial and arbitration acts, contractual documentation, initially have a legal function, establishing, consolidating and changing legal norms and legal relations or terminating them. action. Other documents are endowed with a legal function if they are used as evidence in court, investigating and prosecutorial bodies, notaries, arbitration, etc. In managerial activity, the legal force of a document ensures its officiality for employees as a given managerial system, and all other structures with which it is interconnected.
Legal force of the document- this is a property communicated to him by the current legislation, the competence of the body that issued it and the established procedure for registration.
It follows from this definition that the governing body or official issuing a document is obliged to:
Comply with the current legislation in its preparation;
Publish documents only within their competence;
Comply with the national rules for the preparation and execution of documents in force at a certain time.
Thus, the legal force of a document is determined by both the content and the form of the document. For certain types of documents, the current registration rules have developed requirements for details that certify their legal force.
To give the document a legal forces are needed. requisites:
Name of the type of document;
Document date;
Reg. document number;
Signature;
Approval stamp;
Signature of approval;
Legislative acts defining the procedure for certification of electronic documents .
So, the legal force of an electronic document is given:
Mandatory details;
Confirmation of the creator's authority;
The composition of the mandatory details is established by the following regulations:
Federal Laws:
FZ "On information, informatization and protection of information". It not only gives definitions of the most important concepts in the field of information, but also defines the goals of protection of inf-tion, as well as the threat of inf-tion. This law defines the document as a prerequisite for the inclusion of information in information. resources. In accordance with the law, legal the power of a document stored, processed and transmitted by means of an automatic machine. information and telecom. systems, can be confirmed by electr. signature.
AT Law of the Russian Federation "On Communications"Issues of electronic documentation and the organization of work with electronic documents have been partially reflected. The law states that the development and maintenance of stable and high-quality communications is the most important condition for the development of society and the activities of the state. In accordance with The means of communication, together with the means of computer technology, constitute the technical basis for ensuring the process of collecting, processing, accumulating and distributing information.
Law of the Russian Federation "On state secret "introduced a definition of 2 more concepts related to the problematics of this topic: about methods and means of protecting secret information; about state programs and measures in the field of protecting state secrets.
The law regulates the activities of organizations that provide services for the distribution of integrated automated office systems (IASD), which include a sub-system of information protection. A license to carry out these works is issued on the basis of the results of a special examination of the organization and the state. certification of its leaders responsible for the protection of information, and the organization must fulfill a number of requirements.
Federal Law "On Archival Affairs in the Russian Federation" says that electr. Doc-you can be attributed to the Arkh. fund of the Russian Federation. However, the regulations ar-x. departments only in the most general terms relate to the issues of acceptance for storage, preservation, accounting and description of electrons. doc-in. Issues of creation and use of electronic documents are solved by some other departments independently.
Creation of an electron. governments are actually the main goal of the Federal Target Program “Electron. Russia”, in connection with which some provisions of the program are devoted to the organization of electronic document management.
Decrees of federal executive authorities and GOSTs:
Goskomstat of Russia dated 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment";
GOST R 6.30-2003"Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork", in accordance with which documents are drawn up.
For electronic documents GOST 6.10.4-84 "Unified documentation systems. Giving legal force to documents on a machine carrier and a machinogram created by computer technology. Basic Provisions". This Standard establishes requirements for the composition and content of details that give legal force to an electronic document, and also establishes the procedure for making changes to them.
For electronic messages - GOST R 53898-2010 “Electronic document management systems. Interaction of document management systems. Email Requirements. The standard specifies the format, composition and content of an electronic message.
The electronic document must contain:
Registration number;
Registration date;
Signature (code) of the person responsible for the correctness of the preparation of the document or the person who approved the document;
Name of the organization - the creator of the document;
Location of the organization - the creator of the document or postal address.
It is possible to use additional details, the main thing is that the mandatory ones can be unambiguously identified.
Authenticity and authenticity
The easiest way to ensure the authenticity of an electronic document is with the help of an electronic digital signature (ES). When evaluating the probative value of an electronic document, the court takes into account, first of all, the reliability of the methods of formation, storage, transmission and identification of the author. For this, in addition to ES, a trusted system for processing electronic documents (trusted storage) is important.
| Document's name: | |
| Document Number: | 6.10.4-84 |
| Document type: | GOST |
| Host body: | State Standard of the USSR |
| Status: | current |
| Published: | official publication |
| Acceptance date: | October 09, 1984 |
| Effective start date: | July 01, 1987 |
| Revision date: | 01 April 2001 |
GOST 6.10.4-84 Unified documentation systems. Giving legal force to documents on a machine carrier and a machinogram created by computer technology. Key points
GOST 6.10.4-84
Group T54
INTERSTATE STANDARD
Unified documentation systems
GIVING LEGAL VALIDITY TO DOCUMENTS ON THE MACHINE MEDIA
AND THE MACHINE GRAM CREATED BY MEANS
COMPUTING ENGINEERING
Key points
unified systems of documentation. Conferment of
legal force to documents on software and machinogramme
created by computers. General
By the Decree of the USSR State Committee for Standards of October 9, 1984 N 3549, the introduction period was set from 07/01/87
RE-ISSUE
This standard establishes the requirements for the composition and content of the details that give legal force to documents on a machine medium and a machinogram created by computer technology, as well as the procedure for making changes to these documents.
This standard is mandatory for all enterprises, organizations and institutions (hereinafter referred to as organizations) that carry out information exchange of documents on a machine medium and machinograms.
On the basis of this standard, industry standards and enterprise standards can be developed, taking into account the peculiarities of the use of documents on a machine medium and a machine program both between organizations and when used directly in an organization.
1. GENERAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The document on a machine medium must be recorded, produced and marked up in accordance with the requirements of GOST 6.10.1-88 *, GOST 6.10.3-83, GOST 8303-93, GOST 19768-93, GOST 20731-86, GOST 25465-95, GOST 25752-83, GOST 25764-83, OST 24.958.01-84 - OST 24.958.74-84, R 50-54-76-88, and the information is encoded in accordance with the All-Union classifiers of technical and economic information. In the absence of the necessary information in the all-Union classifiers, it is allowed to use the codes of registered intersectoral and sectoral classifiers.
______________
* Lost force on the territory of the Russian Federation.
1.2. The machinogram must be created taking into account the requirements state standards on unified documentation systems.
1.3. A document on a machine medium and a machine-gram should be used only if there are relevant decisions of ministries and departments.
1.4. Transportation (transfer, forwarding, etc.) of a document on a machine medium and a machinogram must be carried out with a cover letter drawn up in accordance with GOST 6.38-90 *. A sample cover letter is attached.
______________
GOST R 6.30-97** (hereinafter).
** On the territory of the Russian Federation, GOST R 6.30-2003 applies. - Note "CODE".
1.5. A document on a machine medium and a machine-readable document become legally effective after fulfilling the requirements of this standard and signing a cover letter.
1.6. The recording of a document on a machine medium and the creation of a machinogram should be based on the data recorded in the original (primary) documents received via communication channels from automatic recording devices or in the process of automated problem solving.
1.7. At the request of the user organization, for visual control of a document created on a machine medium, it is converted into a human-readable form by various technical means data display (displays, printing devices, etc.).
2. REQUIREMENTS FOR DETAILS OF DOCUMENTS ON A MACHINE CARRIER AND MACHINE GRAMS CREATED BY COMPUTER EQUIPMENT
2.1. A document on a machine medium or a typescript must contain the following mandatory details:
name of the organization - the creator of the document;
location of the organization - the creator of the document or postal address;
Title of the document;
date of manufacture of the document;
the code of the person responsible for the correctness of the production of the document on a machine medium or machinogram, or, as a rule, the code of the person who approved the document.
Note. By decision of the ministries and departments, it is allowed to use additional details for individual documents on a machine carrier and a typescript (telephone number, teletype, position and surname of a person who has the right to certify a document recorded on a machine carrier and a machinegram, etc.), reflecting the specifics of creation, use and transmission these documents.
2.2. Mandatory details of a document on a machine medium should be placed in a way that makes it possible to uniquely identify the details.
2.3. Mandatory details of the typescript should be printed and placed in accordance with the requirements of state standards for unified documentation systems.
2.4. The requisite "Name of the organization - the creator of the document" must be written in the following form: identification code according to the All-Union Classifier of Enterprises and Organizations (OKPO) * and the name of the organization. The established abbreviations may be used.
__________________
* This attribute must be linked to the requirements of GOST 6.38-90.
For organizations that do not have the rights of a legal entity, the OKPO code of the organization to which they are subordinate should be indicated.
2.5. The requisite "Location of the organization - the creator of the document" must be written in the following form: identification code according to the All-Union classifier "The designation system for objects of administrative-territorial division of the USSR and the Union republics, as well as settlements" (SOATO) and the name of the settlement where the organization is located .
2.6. The requisite "Document Name" must be written in the following form: identification code and name of the form of the document according to the All-Union Classifier of Management Documents (OKUD) * for documents of all-Union purpose or the sectoral (departmental), republican classifier of management documentation - for sectoral (departmental), republican forms documents.
______________
* On the territory of the Russian Federation, OK 011-93 is valid.
2.7. The attribute "Date of production of the document" must be recorded in accordance with the requirements of GOST 6.38-90 and the time of recording the document is indicated, allowing it to be identified with the machine protocol.
2.8. The requisite "Code of the person responsible for the correct production of the document on a machine medium or machine program" or "Code of the person who approved the document" must be written in the following form: identification code and position, surname of the person responsible for the correct production of the document on a machine medium or machine program, or the person who approved the document. The ownership of the code by a specific person must be registered with the organization that created the document on a machine medium or produced the machine program, and technical, software tools and organizational conditions must be created that exclude the possibility of using other people's codes.
2.9. Organizations subject to special provisions must indicate the details provided for in paragraphs. 2.4; 2.5 in accordance with the rules of these provisions.
2.10. The procedure for selecting, accepting for storage and issuing to consumers of documents on a machine medium and machinograms, their annulment and destruction is established by ministries and departments.
3. ORIGINAL, DUPLICATES, COPIES OF THE DOCUMENT ON THE MACHINE MEDIA AND MACHINE GRAMS
3.1. The originals, duplicates and copies of the document on a machine medium and machinograms received by the standard software of this computer complex have the same legal force if they are drawn up in accordance with the requirements of this standard.
3.2. The original of a document on a machine medium is the first record of a document on a machine medium and containing an indication that this document is an original.
The original of the typescript is the first copy of the document printed by means of computer technology on paper and containing an indication that this document is the original.
3.3. Duplicates of a document on a machine medium are all later in time, authentic in content records of a document on a machine medium and containing an indication that these documents are duplicates.
Duplicates of the typescript are all later in time, authentic in content printouts on paper, containing an indication that they are duplicates.
3.4. Copies of a document on a machine medium or a typescript are documents rewritten from an original or a duplicate of a document on a machine medium or a typewriter to another medium, authentic in content and containing an indication that these documents are copies.
Duplicates and copies must contain the mandatory details contained in the original document on a machine medium or machine program.
On a typewriter, which is a copy of a document on a machine medium, there must additionally be a stamp or seal of the organization that converted the document into a human-readable form, an acknowledgment inscription and appropriate signatures.
4. PROCEDURE FOR INTRODUCING CHANGES TO THE DOCUMENT ON THE MACHINE CARRIER AND THE CARRIER GRAMM
4.1. The original document on a machine medium can be changed only by the organization - the creator of the document with the obligatory registration of the content and reason for the changes and the person responsible for the changes made.
Registration of changes is carried out by the organization - the creator of the document record.
4.2. If changes are made to the original machinegram, then it must indicate the reasons for the changes, the date and time of their introduction, the position and signature of the official who made the changes, and its transcript.
4.3. The organization - the creator of the original document on a machine medium or a machinogram is obliged to notify the organizations - users of the document of all changes by sending a cover letter that includes information about the changes and contains, along with the indication of the required details in accordance with clause 2.1, the following information:
an indication of the reason for the change;
the time of the change;
official's signature.
If necessary, the cover letter may contain a stamp or seal of the organization that created the original document on a machine medium or a machine program.
4.4. Changes to a duplicate (copy) of a document on a machine medium or a mashinogram held by the user are made only on the basis of a notice from the organization that created the document on a machine medium or a mashinogram.
4.5. The amended original document, as well as the duplicate and copies of the amended document, remain valid if the changes are made in compliance with the requirements of this standard.
APPENDIX (reference). SAMPLE COVER LETTER
APPENDIX
Reference
Requisites of the organization - the creator of the document on a machine medium or machinogram | Document Access Restriction Bar |
|
Title to the text |
In accordance with the agreement dated December 25, 1984, I am sending you documents on machine media, including the following information:
Factory number | Volume serial number | ||
Output |
|||
Implementation |
|||
Transportation |
Application: magnetic tape - 3.
Note. The cover letter is drawn up on the letterhead of the organization in accordance with the requirements of GOST 6.38-90.
The text of the document is verified by:
official publication
Unified documentation systems: Sat.GOSTov. -
M.: IPK Standards Publishing House, 2001
GOST 6.10.4-84 Unified documentation systems. Giving legal force to documents on a machine carrier and a machinogram created by computer technology. Key points
| Document's name: | |
| Document Number: | 6.10.4-84 |
| Document type: | GOST |
| Host body: | State Standard of the USSR |
| Status: | current |
| Published: | official publication Unified documentation systems: Sat.GOSTov. - M.: IPK Standards Publishing House, 2001 |
| Acceptance date: | October 09, 1984 |
| Effective start date: | July 01, 1987 |
| Revision date: | 01 April 2001 |
GOST 6.10.4-84 Unified documentation systems. Giving legal force to documents on a machine carrier and a machinogram created by computer technology. Key points
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. Is an integral link in the termination procedure employment contract, transfer of employees, registration of 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 a 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 legal effect to such correspondence if the employee prints out 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, there should be the following details:
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 the fact that a fixed-term employment contract with an employee is being 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.
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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 also to serve as evidence in the event of a conflict 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").
The internal view of 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 out 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, a 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.
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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
A document on a machine medium acquires legal force provided that the requirements for its execution, which are listed below and comply with GOST 6.10.4-84, are met.
The document on a machine medium must be recorded, produced and marked up in accordance with the requirements of GOST 12065-74, GOST 20598-80, GOST 8303-76, GOST 25752-83, GOST 25764-83, GOST 6.10.1-80, GOST 6.10. 2-83, GOST 6.10.3-83, GOST 2.003-77, GOST 2.301-77 - GOST 2.034-77, GOST 1977-74, GOST 1978-74, and the information is coded according to the All-Union classifiers of technical and economic information. In the absence of the necessary information in the all-Union classifiers, it is allowed to use the codes of registered intersectoral classifiers.
The mashinogram must be created taking into account the requirements of state standards for unified documentation systems.
The recording of a document on a machine medium and the creation of a machinogram should be based on the data recorded in the original (primary) documents received via communication channels from automatic recording devices or in the process of automated problem solving.
A document on a machine medium or a typescript must contain the following mandatory details:
Name of the organization - the creator of the document;
Location of the organization - the creator of the document or postal address;
Title of the document;
Date of document production;
The code of the person responsible for the correctness of the production of a document on a machine medium or a machinogram, or, as a rule, the code of the person who approved the document.
Mandatory details of a document on a machine medium should be placed in a way that makes it possible to uniquely identify the details.
Mandatory details of the typescript should be printed and placed in accordance with the requirements of state standards for unified documentation systems.
The requisite "Name of the organization - the creator of the document" must be written in the following form: identification code according to the All-Union Classifier of Enterprises and Organizations (OKPO) and the name of the organization. The established abbreviations may be used.
For organizations that do not have the rights of a legal entity, the OKPO code of the organization to which they are subordinate should be indicated.
The requisite "Location of the organization - the creator of the document" must be written in the following form: an identification code according to the All-Union classifier "The system for designating objects of the administrative-territorial division of the USSR and the Union republics, as well as settlements" and the name of the settlement where the organization is located.
The requisite "Name of the document" must be written in the following form: identification code and name of the form of the document according to the All-Union Classifier of Management Documents (OKUD) for documents of all-Union purpose or the branch (departmental), republican classifier of management documentation - for branch (departmental), republican forms of documents .
The requisite "Date of production of the document" must be recorded in accordance with the requirements of GOST 6.38-72 and the time of recording the document is indicated, which makes it possible to identify it with the machine protocol.
The requisite "Code of the person responsible for the correct production of the document on a machine medium and machine diagrams" or "Code of the person who approved the document" must be written in the following form: identification code and position, surname of the person responsible for the correct production of the document on a machine medium and machine programs, or the person who approved the document. The ownership of the code by a specific person must be registered with the organization that created the document on a machine medium or produced the machine program, and technical software and organizational conditions must also be created that exclude the possibility of using other people's codes.
The originals, duplicates and copies of the document on a machine medium and machinograms received by the standard software of this computer complex have the same legal force if they are drawn up in accordance with the requirements of this Standard.
The original of a document on a machine medium is the first in time record of a document on a machine medium containing an indication that this document is an original.
The original of the typescript is the first copy of the document printed by means of computer technology on paper and containing an indication that this document is the original.
It is important to remember that according to GOST R 6.30-97, the identifier of an electronic copy of a document is a mark (footer) placed in the lower left corner of each page of the document and containing the name of the file on the machine medium, the date and other search data set in the organization.
Duplicates of a document on a machine medium are all later in time, authentic in content records of a document on a machine medium and containing an indication that these documents are duplicates.
Duplicates of the typescript are all later in time, authentic in content printouts on paper, containing an indication that they are duplicates.
Copies of a document on a machine medium or a typescript are documents rewritten from an original or a duplicate on a machine medium or a typescript to another medium of information, authentic in content and containing an indication that these documents are copies.
Duplicates and copies must contain the mandatory details contained in the original document on a machine medium or machine program.
More on this topic 33.. GIVING LEGAL VALIDITY TO DOCUMENTS ON A MACHINE MEDIUM:
- Investigation of facts of illegal access to computer information
- 33.. GIVING LEGAL VALIDITY TO MACHINE DOCUMENTS
- Topic 17. Enforcement of debt and payment documents
- Acceptance by a notary of documents drawn up abroad. The concept and requirements for the form and content of an apostille
