Function and role of the order
An order is an order from a manager, which is issued in writing and contains information about a particular decision made.
Orders may relate to any legal aspects of the relationship between an employer and a subordinate:
- on appointment to a position;
- on conducting employee certification;
- about transfer to another job;
- about vacation;
- on wage indexation;
- about assignment of responsibilities, etc.
Orders are always issued on behalf of the director of the enterprise, are legitimate only within the company, have a long period of validity and, if necessary, can be subject to changes.
Orders should in no way violate either the civil or labor rights of workers, who, in turn, must familiarize themselves with them.
Why do you need an employee signature?
An employee of the enterprise must not only read the order, but also put his signature either on the document itself or on a special form: an order familiarization sheet .
This rule is a legal requirement that obliges the company’s management to familiarize employees with all local regulatory documents published at the enterprise.
The employee’s autograph on the order will indicate that he agrees with the order and is ready to begin executing it.
In what cases is the order familiarization sheet used?
The order familiarization sheet is used in cases where the order concerns a large number of employees, for example, an entire structural unit or a specific group of employees. It is clear that it is not an independent document, but serves as a kind of annex to the order.
In the event of any controversial or conflict situations between the employer and the subordinate, in the future this document may become evidence in the labor inspectorate or court, on both sides, so signatures should be collected carefully and scrupulously.
It is unacceptable to let in any of the enterprise employees mentioned in the order, much less forge their autographs. If one of the employees is absent from the workplace at the time of collecting signatures, for example, due to illness, vacation or business trip, you must wait until he returns and only then take a signature to familiarize himself with the order.
Familiarization with the order against signature
Is it possible for employees to give a photocopy of the order, and on it make a link in electronic form to the appendices to the order. At the same time, ask to sign for familiarization with the order? By name? Each person must be approached personally or employees must come up to meet each other and sign. I'm just interested in the exact answer. If you are entrusted with delivering some important letter or other document, hold it tightly in your hand and do not let go for a second, but hand it directly to the recipient.
In this article we will talk about one of the most important secretarial duties - familiarizing employees with the document for signature. Let's figure out how to register an acquaintance mark and what acquaintance options exist. Familiarizing employees with documents for signature is one of the duties of a secretary, but far from his favorite.
What is it for? The goals of familiarizing employees with documents are simple and obvious:. Timely execution of instructions from management. The employee to whom the assignment is given must know about this, otherwise the assignment will remain unfulfilled. An order is the most important administrative document with the help of which all aspects of an organization’s activities are regulated. There are three types of orders:. This is a special group of orders with the help of which the personnel of an enterprise is managed: hiring, dismissal, personnel changes and other actions leading to changes in work activities, as well as penalties and incentives, business trips and vacations.
Therefore, the fact that the employee is familiar with such orders must be documented. If the procedure for familiarization established by law is violated, the document may not come into force.
This applies, in particular, to orders to impose penalties. For orders on admission, dismissal, vacation or business trip, there are unified forms that already contain a mark of familiarization. Other orders for personnel are issued on an approved form of the organization or on an approved order form. The familiarization mark is placed either on the back of the last sheet of the order Example 1, or on a separate sheet Example 2. In both cases, the familiarization mark is issued in the same way - the position, signature, transcript of the signature and date are indicated.
At the same time, in practice, we rarely encounter approved forms of order forms, where the familiarization marks are located on the last sheet of the order at the bottom, if there is free space there. Example 3. This option is obviously based on the form of unified forms, where the familiarization marks are located right at the bottom of the document. The main inconvenience of this option is that, due to a lack of space, it is only suitable for orders without application marks, without approval, and which need to be familiarized with from one to three employees.
Pay special attention to familiarize employees with orders regarding penalties. This is due to the fact that the Labor Code of the Russian Federation in Art. The act of the employee’s refusal to familiarize himself with the order must contain the following information Example 4:.
Purpose of the act: to record the refusal to sign. This will allow the employer to prove in court compliance with the requirements of the Labor Code of the Russian Federation. That is, the employee carefully read, thought about it and even disagrees. But you will have his signature, and this is the main thing. A note on familiarization with such orders is drawn up in the same way as in orders for personnel. All persons involved - the persons mentioned in it - must be familiarized with the order against signature. If the order should be familiarized with the persons who coordinated the draft of this order and the corresponding visas are indicated in the document, these workers do not need to be included in the familiarization list.
However, this must be fixed in the office management instructions. Otherwise, the approving persons must be familiarized with the order on a general basis. From January 1 of the year, the forms of primary accounting documents contained in albums of unified forms of primary accounting documentation are not mandatory for use. The material is published partially.
Is it necessary to familiarize all persons involved in the order with it, or is only the accountant’s signature sufficient? This is a really difficult question that requires a detailed answer, since you will have to dot all the i's. As a general rule, all persons involved in the order must be familiarized with it upon signature.
However, you should correctly understand who is involved in the orders: It should be noted that familiarization of performers with orders for the main activity is required not only by legislation, but also simply by common sense: if an employee is not familiar with the order, then how can one demand its execution? Familiarization with orders for personnel is carried out on one of three grounds: and the requirement of the Labor Code of the Russian Federation is an order for employment - Art.
You should pay attention to the following features: 1 in paragraph. However, the same common sense says that there are orders for personnel, although there are few of them, with which there is no need to familiarize the workers involved with signature.
For example, an order to be released from work for the period of military training is most likely needed for accounting purposes, since the employee is obliged to come to training even without an order from the employer. It should be noted that in paragraph. We unexpectedly find the answer to this question in the Rules for maintaining and storing work books, producing work record forms and providing them to employers [2].
Extract from the Rules for maintaining and storing work books, preparing work book forms and providing employers with them. The following information about awarding incentives for labor merits is entered in the work book: about other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations , charters and regulations on discipline.
Entries about bonuses provided for by the remuneration system or paid on a regular basis are not entered into work books. Thus, it becomes obvious that there are bonuses that need to be formalized by orders of encouragement and entries about them must be made in the work books of employees - these are bonuses with which employees are rewarded for certain achievements.
Bonuses that are part of the wage system are not included in work books and, therefore, have a different legal nature, therefore they can be issued by orders issued in any form.
And now it is necessary to determine whether these documents will be orders for personnel or for main activities. A number of orders have a so-called adjacent nature - they can be attributed to both groups. These are orders to amend documents containing personal data of employees, on the payment of average earnings for the second and third months of employment after dismissal due to staff reduction, on financial assistance and some others, including on the payment of bonuses to employees included in the remuneration system .
The possibility of choice helps solve the problem of familiarizing workers with these orders. After all, if an order for bonuses is issued as an order for personnel, then all employees receiving bonuses must be familiarized with it against signature.
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And everyone understands that there is nothing good in the fact that people will know not only about their own, but also about other people’s bonuses: there will be discord, complaints, a deterioration in the psychological climate in the team and a decrease in work motivation. To avoid this, personnel officers will have to issue a huge number of single-subject orders, which, of course, is a waste of working time.
If orders for bonuses are issued as orders for the main activity, that is, they indicate the executor, chief accountant, then he is the only person involved who must be familiarized with the order against signature.
This is exactly how the order of the author of the question is drawn up - as an order for the main activity. Therefore, there is no formal legal or practical need to familiarize workers with such orders. Employees learn about the amount of the bonus from pay slips, which are issued to them without fail. Bushido In the article we will talk about one of the most important secretarial duties - familiarizing employees with the document for signature. The goals of familiarizing employees with documents are simple and obvious: 1.
Consequently, all orders for personnel must be signed, including orders for bonuses, business trips, and fines. Consequently, in a similar way it is necessary to sign orders drawn up on free-form forms.
Familiarization with the order on incentives Most often, questions arise about the need to sign under orders on incentives for employees. According to the instructions given in Resolution of the State Statistics Committee of the Russian Federation No. 1, such orders are signed by the head of the organization and announced to the employee against signature. This involves including each employee to be awarded a bonus in the order and familiarizing each employee with the bonus order against signature.
Familiarization in some cases is necessary only to inform employees of decisions on bonuses and the amount of incentives. If a bonus is given to each employee for a certain period of time, for example, monthly, that is, if the incentive is of a massive and regular nature, is made on a general standard basis and in standard amounts specified in local regulations, then it is not necessary to collect additional signatures from employees.
It is enough to indicate the regularity and amount of bonus payments in the local act. At the request of the employer, the employee was familiarized with the order in front of witnesses and sent by mail to the employer’s address. Upon delivery of the order of punishment with the employer's report, a corresponding entry is made in the act of imposing a disciplinary sanction.
If it is impossible to familiarize the employee personally with the employer’s act on the imposition of a disciplinary sanction, the employer is obliged to send the act to the employee by letter of notification. If, in the case of familiarization with signature with the Act, a specific period is indicated - 3 days from the moment the employee familiarizes himself with the order of disciplinary action, a disciplinary sanction cannot be applied later than six months from the date of the commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.
The specified time limits do not include the time of criminal proceedings. In addition, you need to make sure that the employee is familiar with these company regulations - his signature must be present. If these conditions are met, then the employee can be required to comply with the provisions of these regulations. In accordance with the article of the Labor Code of the Russian Federation, for each disciplinary offense only one disciplinary sanction can be applied - a remark, reprimand or dismissal.
Before applying disciplinary action, the employer must request a written explanation from the employee. An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.
Even if the Order on disciplinary action is repeated several times, the sample, form They must be read, studied and analyzed in detail by the head of the enterprise or the department in which the offender works. Paying bonuses to employees: 6 risks for the employer Since issuing a bonus is a financial transaction, there are certain risks on the part of inspection inspectors.
Familiarization with the dismissal order Responsibility One of the employer’s duties listed in Part. As the practice of control and supervisory measures carried out by the state labor inspectorate shows, failure to comply with this duty is a fairly common violation. Of course, the inspector is unlikely to fine you for this alone, but almost always there is something else, and then the inspectors apply administrative measures under Part.
If you use independently developed forms, then in these forms you can completely exclude the column for familiarizing the employee with the order. However, in this case, it will be a prerequisite for you to indicate on each employee’s pay slip the specific amount of bonus due to him for a given period with reference to the order.
Who should sign the order? As for the official signing the bonus order and the need to coordinate it with the chief accountant, this issue is also resolved by the employer independently. Important The company needed to give bonuses to employees at once.
In this regard, an administrative document for the payment of bonuses is urgently needed. How to issue a one-time bonus to employees?
What happens if you don’t sign to read the order?
It is impossible to force an employee to sign and carry out an order from a manager.
However, upon refusal to sign the order, the employer’s representative has the right to draw up a special act, and for refusal to carry out the order, the employer has the right to subject the employee to disciplinary action or even dismiss him.
Of course, such measures are possible only on the condition that the order fully complies with all norms of the legislation of the Russian Federation, and the subordinate has not provided any compelling and valid reasons for such behavior.
The employer's obligation to familiarize employees with golden orders
123 of the Labor Code of the Russian Federation. In the case of a vacation being divided into parts or postponed for various reasons, including due to the employee’s recall from vacation, personnel officers often forget to notify about the start of this part of the vacation, which is a violation.:
- Employees must be familiarized with the approved shift schedule by signature at least a month before it comes into effect (Part.
- If one of the employees refuses to become familiar, the employer should draw up a corresponding report.
- One of the conditions for employees to comply with labor discipline is their awareness of the need to go to work on a certain day (part. In such a situation, the employee’s absence from work is not absenteeism.
- 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees, upon signature, with local regulations directly related to their work activities. If an employee is not familiar with the work schedule (shift) or the order to work on a day off, this means that the employer has not created the conditions for compliance with labor discipline.
- If an enterprise issues an order concerning its employees (and such orders are a large part of the administrative documentation of organizations), then each employee directly or indirectly mentioned in it must be familiar with it.
In this case, information about reading the order and the employee’s signature are entered on a special sheet.
An order is an order from a manager, which is issued in writing and contains information about a particular decision made.
Orders can relate to any legal aspects of the relationship between an employer and a subordinate: Orders are always issued on behalf of the director of the enterprise, are legitimate only within the company, have a long period of validity and, if necessary, can be subject to changes.
Orders should in no way violate either the civil or labor rights of workers, who, in turn, must familiarize themselves with them.
The employer's obligation to familiarize employees with orders
An employee of the enterprise must not only read the order, but also put his signature either on the document itself or on a special form: a sheet of familiarization with the order.
This rule is a legal requirement that obliges the company’s management to familiarize employees with all local regulatory documents issued by the enterprise:
- The employee’s autograph on the order will indicate that he agrees with the order and is ready to begin executing it.
- The order familiarization sheet is used in cases where the order concerns a large number of employees, for example, an entire structural unit or a specific group of employees.
- It is clear that it is not an independent document, but serves as a kind of annex to the order.
- In the event of any controversial or conflict situations between the employer and the subordinate, in the future this document may become evidence in the labor inspectorate or court, on both sides, so signatures should be collected carefully and scrupulously.
- It is unacceptable to let in any of the enterprise employees mentioned in the order, much less forge their autographs.
It is impossible to force an employee to sign and carry out an order from a manager.
However, upon refusal to sign the order, the employer’s representative has the right to draw up a special act, and for refusal to carry out the order, the employer has the right to subject the employee to disciplinary action or even dismiss him.
Of course, such measures are possible only on the condition that the order fully complies with all norms of the legislation of the Russian Federation, and the subordinate has not provided any compelling and valid reasons for such behavior.
Is it necessary to familiarize employees with the bonus order?
As a rule, acquaintance with the order occurs immediately immediately after its release or within a few days after that - usually the deadline is indicated by the director in the document itself.
- In any case, the employee must sign before he begins to carry out the order.
- Directly drawing up and filling out the sheet for familiarizing yourself with the order usually rests with a specialist in the enterprise’s human resources department, a legal adviser or a secretary - i.e.
- Any employee whose job description includes this function.
- Also, the employee designated for this in the text of the order by the director can also generate the sheet and introduce the order to colleagues.
- Almost all standard unified forms of primary personnel and accounting documents have been abolished since 2013, so the sheet can be compiled by company employees in any form or according to the organization’s internal template.
The only thing is that when creating the form, you must follow a certain structure and rules of the Russian language.
It is the employee's duty to familiarize himself with the orders
In the “header” of the sheet you should indicate: If necessary, you can add other columns here (for example, about the structural unit in which the employee works or notes):
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- If there are many employees affected by the order, then several sheets may be required for their signatures.
- All of them need to be fastened together (you can use a stapler, but better with a strong thread) and numbered.
- The document is usually drawn up in a single copy, on an A4 sheet or on company letterhead.
- It can be created either by hand or in printed form. There is no strict need to certify the form using a seal, because
Since 2021, legal entities have the right not to use stamps when endorsing documents (unless this norm is enshrined in the internal local acts of the company).
How to draw up a review sheet for an order
Almost all standard unified forms of primary personnel and accounting documents have been abolished since 2013, so the sheet can be compiled by company employees in any form or according to the organization’s internal template.
The only thing is that when creating the form, you must follow a certain structure and rules of the Russian language.
In the “header” of the sheet you should indicate:
- name of the enterprise;
- Title of the document;
- number, date and essence of the order.
Next, it is recommended to make a table in which you need to enter:
- employee serial number;
- last name, first name and patronymic of the employee;
- job title;
- date of familiarization with the order;
- signature.
If necessary, you can add other columns here (for example, about the structural unit in which the employee works or notes).
If there are many employees affected by the order, then several sheets may be required for their signatures. All of them need to be fastened together (you can use a stapler, but better with a strong thread) and numbered.
Familiarization with the order of dismissal of the Labor Code of the Russian Federation
According to the labor legislation of the Russian Federation, there are categories of orders, familiarization of employees with which is mandatory. In this article we will look at the types of such orders, as well as how to correctly draw up a familiarization sheet. It’s a little more complicated here: not all personnel orders require workers to become familiar with them. Familiarization with the order itself can be done in the order itself or on a separate sheet - a sheet of familiarization with the order. Mandatory familiarization must be in the employment order, Art. It must contain the name and date of the order, full name of the employee, signature and date of signing, preferably indicating the position. Please tell me how and in what form teaching staff should be familiarized with the order to conduct a month of educational activities in the case of recommendations for lessons. It would be most convenient to hold a meeting with a protocol in which familiarization with the recommendations is on the agenda, in a separate application to collect signatures upon receipt of recommendations on flash drives or in other ways, for example, sending by e-mail, posting recommendations in a specific folder on the school server, publishing on official website of the school and there, at the meeting, to collect signatures upon familiarization with the order.
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How to design a sheet
The document is usually drawn up in a single copy , on an A4 sheet or on company letterhead. It can be created either by hand or in printed form. The main thing is the presence of authentic autographs of employees.
There is no strict need to certify the form using a seal, because from 2021, legal entities have the right not to use stamps when endorsing documents (unless this norm is enshrined in the internal local acts of the company).
After creation, the sheet must be endorsed in the internal documents journal.