In everyday life, an act of familiarization is not often drawn up. Typically, the fact of recording familiarization with the contents of a document is formalized on the primary document itself by affixing a signature. Or compiling, . In some cases, we recommend drawing up an acquaintance report. When and how to do this - you will find answers to these questions in this article.
Example of an acquaintance certificate
Limited Liability Company "PreStol"
TIN 26938546 OGRN 6694556843136,
Time for drawing up the act: 09 hours. 35 min. (local time)
I, the head of the personnel department of the Limited Liability Company "PreStol" Yurkovich Valentin Stepanovich, in the presence of the head of the marketing department of the Company, Daria Sergeevna Maximova and the specialist of the personnel department, Evgenia Nikolaevna Novoseltseva, have drawn up this act that:
August 17, 2017 at 09 a.m. 35 min. local time, the order of the director of the Company No. 97 l/s dated August 16, 2017 on involving the specified employee to work on the day off August 26, 2017 was brought to the attention of Valery Viktorovich Krivko, an employee of the marketing department.
A copy of the order was received by Valery Viktorovich Krivko on August 17, 2017.
Head of Marketing Department Maksimova D.S.
HR Department Specialist Novoseltseva E.N.
This act was made
Head of HR Department Yurkovich V.S.
When to draw up an acquaintance certificate
The obligation to familiarize a person with the contents of a certain document is often assigned to a person in connection with the performance of his work duties. Familiarize the employee with the order, job description, the offender with the protocol on the administrative offense, with the case materials upon receipt of the relevant application, etc.
An act of familiarization is often drawn up when it is not the interested person himself who gets acquainted with the materials, but a representative by proxy.
Since acts are documents whose essence is to record a certain fact, it is better to prepare them with the involvement of witnesses (at least 2). Information about the persons present is entered into the act and certified by signatures.
Mandatory details of the acquaintance certificate
An act is prepared on the official letterhead of the organization (for legal entities and individual entrepreneurs). The document must contain the date, place and time of preparation, information about the person who drew up the act, name, details and a summary of the information with which the citizen is familiar. Well, actually recording the fact of familiarization with the information and the signatures of those present.
The act of familiarization, depending on the purpose of its preparation, is attached to the case materials and may become attached.
For the correct implementation of the provisions of legislative acts within a specific business entity, its management can develop local regulations. At the same time, laws establish the employer’s obligation to organize a procedure for familiarizing employees with their content. For these purposes, a sheet of familiarization with local regulations can be used.
The obligation to take measures to communicate the information contained in regulations to employees is provided for at the legislative level.
Organizations must document the fact that the employee is familiar with. The familiarization procedure affects both existing employees of the company and those newly hired.
The laws do not stipulate methods for conducting familiarization events, however, practice shows several options for familiarization.
Attention: The decision on which option will be used by the administration is made independently. This rule also applies to documenting this event.
Why is this done?
The need for this event is due to the fact that these documents contain regulations that regulate the relationship between the parties to labor agreements.
Therefore, their contents should be known to every worker in the company. The rules that are enshrined in local regulations must be followed by both the company’s management and all employees of the company.
Having studied them, the employee will know what he is entitled to and what duties he must perform while working in this company. If the administration knows that this information is known to the employee, then only it will have the right to demand compliance with the stipulated norms and rules.
An example of this is the situation of establishing disciplinary liability for an employee for non-compliance with the work schedule. But you can only get involved if the employee knows the company’s work routine.
Ways to get acquainted
Several methods are used to collect confirmation from employees that they have read the regulations:
- Placing a signature on the document itself. For this purpose, a blank space or a special table is provided on the last sheet of the LNA, into which the employee will enter information about familiarization. These types of marks inspire the greatest confidence among inspection authorities, since they do not allow the administration to replace the act or make any changes to it.
- Separate information sheet. It can be opened for all current regulations at once or for each one separately. An important place on this sheet is occupied by the column with the date of acquaintance. Thanks to it, it is possible to correlate the edition of a document with the fact of familiarization with it. In fact, the employee must familiarize himself with each version of the same LNA.
- Journal of familiarization with local acts. First, such a magazine needs to be numbered and stitched. Page entries are made on each line without creating gaps. Each fact of familiarization with one act must correspond to one line.
- Inclusion in the clause stating that the employee has familiarized himself with all current acts. This method is usually used when the company does not use other options (familiarization log, questionnaires). When signing an employment agreement, the employee must sign not only as confirmation of receipt of his copy of the document, but also as confirmation of familiarization. The courts consider this method legal.
Sample familiarization sheet with local regulations
Files for download:
How to fill out a familiarization sheet
Let's look at an example of designing a worker familiarization sheet.
The law does not provide for any special format for such a document. A business entity develops it based on its needs, adding the necessary columns there.
The law allows both the use of a single familiarization sheet for all regulatory acts, and the creation of separate sheets for each existing LNA.
First, at the top of the document you need to indicate its name - “Employee Familiarization Sheet”. Next, you need to enter the name of the business entity, and this can be done in both full and abbreviated format.
Attention: if this sheet is used to make notes on all existing acts at once, then you can indicate the general phrase “with the local regulations of the company.” It is also possible not to enter this line at all.
Then on the form you need to place a table containing the following columns.
The list is not closed; a business entity can add any columns as necessary:
- 1 - Serial number of the acquaintance line. Line numbering must be done sequentially, without gaps;
- 2 - Full name employee. Here you need to indicate the personal data of the employee who marks the review;
- 3 - Position and department. Here information is indicated about what position and in what department this employee works;
- 4 - Name of the act. If the sheet is used to collect introductory signatures for all LNA of the company at once, then the name of the specific act must be indicated here. If the document relates to only one act, then this column can be omitted altogether;
- 5 - Date of review. The day on which the LNA was introduced is indicated here;
- 6 - Personal signature. Here the employee must sign.
Attention: This sheet is not signed by anyone. If it runs out, then it is filed in a special archive folder, and a new sheet should be opened in its place.
Familiarization sheet with local regulations-sampleThis source will help you draw it up correctly, taking into account all the legal nuances. Let's consider what features this document has in terms of structuring and filling.
Why do you need a sheet of familiarization with local regulations?
In accordance with the provisions of Art. 22 and 68 of the Labor Code of the Russian Federation, employer firms are required to familiarize employees - both those already hired and those applying for work - with local regulations (hereinafter referred to as LNA), which apply to labor relations involving these employees. Such acts may be, for example, a provision on trade secrets, internal regulations, or a collective agreement.
In addition to the legal obligation of the employer to familiarize employees with the relevant LNA, the company may also have objective reasons to do this. For example, if she does not familiarize the employee with the same labor rules, she will not have the right to hold the employee accountable for the consequences of violating them.
The legislator does not regulate how an employee should familiarize himself with local documentation. In practice, several mechanisms are common to ensure that the employer complies with the requirements of Art. 22 and 68 Labor Code of the Russian Federation. Among these is the preparation of a sheet of familiarization with LNA. Let's study in what structure it can be presented.
Document structure
There are 2 main approaches to the approval of the journal in question, as well as to the formation of its structure.
1. Creation of a document that is an annex to the employee’s employment contract.
This document:
- signed only by the employee with whom the employment contract is concluded;
- includes a list only of those acts that apply to a specific employee.
2. Creation of an independent regulatory document that:
- signed by all employees of the company;
- contains lists of all LNA used in the company (classified by category).
In the first case, the journal form reflects:
- the fact that the document is an annex to the employment contract with certain details (number and date of signing);
- a list of acts whose jurisdiction extends to the employee who signed the relevant employment contract;
- dates of familiarization with the LNA specified in the list.
The structure of the document must also contain columns for affixing employee signatures.
The second option for structuring the LNA familiarization sheet involves including in it:
- graph intended to indicate the structural divisions of the company, full name. employees working in them, as well as their positions;
- a column intended for employees to affix signatures certifying the fact of familiarization with local documentation;
- marks on certification of the document by the head of the company - since in this case the sheet is an independent normative act.
Where can I download a sample familiarization sheet?
You can download a completed sample LNA familiarization sheet in both of the options we considered on our website.
Here you can download an example of filling out the familiarization sheet, which is an appendix to the employment contract.
In order to correctly issue an order to familiarize employees with local regulations, it is necessary to take into account many nuances. Moreover, it is not so much the document itself that is important, but the organization of the actions that follow it. We will dwell on them in detail in the article.
From this article you will learn:
- why familiarize yourself with local regulations;
- how to familiarize yourself with local regulations;
- when to familiarize yourself with local regulations;
- features of monitoring the execution of the order to familiarize yourself with local regulations.
Why familiarize yourself with local regulations?
In addition to approval and coordination with the representative body of employees, current legislation requires familiarization with local regulations (hereinafter referred to as LNA) under the personal signature of employees. The rule applies in cases concerning the issuance of resolutions to improve the efficiency of an enterprise.
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When employees are not familiar with LNA, it is extremely difficult to prove violations on their part in a controversial situation. It is practically impossible for an employee to be brought to disciplinary liability. How to subject to collection. With employers, the situation is exactly the opposite. If an enterprise does not familiarize employees with LNA, the judicial authorities will regard such actions as a violation of the Labor Code of the Russian Federation. The organization risks receiving a large fine.
How to familiarize yourself with local regulations?
There are 2 ways to familiarize yourself with local regulations. The first is to familiarize employees with the relevant regulations through other documents. For example, receipts, special journals or employment contracts.
The listed documentation indicates that the employee is familiar with LNA. The employee puts the date and personal signature. Such acquaintance is considered to be indirect. The act exists separately. The signature is not placed on it, but on completely different documentation. Checks, an indirect way of getting acquainted with LNA, are carried out quickly. The regulatory authorities do not make any claims against the company. But when going to court, the employee has a chance to resolve the controversial situation in his favor.
Alternatively, the employee can indicate that the content of the LNA, which he once became familiar with, differs significantly from the current one. The employer refers to a completely different document. The company will have to prove that it did not commit illegal actions.
The second option is considered safer and consists of direct familiarization. This method assumes that the LNA and the familiarization sheet are stitched together and contain a common page numbering. Let’s say that the organization’s internal regulations contain 300 pages bound and numbered. Of these, 100 are introductions.
After employees familiarize themselves with the LNA, the resulting collection of documentation is certified by the seal and signature of the responsible person. If necessary, a single document is submitted to the judicial authority. There is no need to prove the employee’s lack of familiarity with a specific act.
When should I familiarize myself with local regulations?
According to Article 68 of the Labor Code of the Russian Federation, an employee should be familiarized with the LNA before concluding an employment contract. To do this, the date of familiarization with the LNA is placed next to the employee’s full name. Sometimes it makes sense to indicate the time in hours and minutes. Especially if familiarization with the acts is carried out on the day of signing the employment agreement.
Due to numerous legal requirements at some enterprises, familiarization with local regulations sometimes reaches the point of absurdity. For example, an employee is hired who will not travel on business trips. But for some reason the employee is studying the regulations on business trips. As well as getting acquainted with the staffing table, although this is not provided for by the collective agreement.
If you don't want to make it as difficult as possible to familiarize yourself with LNA at your enterprise, use common sense. However, do not forget that there is a main act that you must introduce each employee to before he signs the contract. We are talking about internal labor regulations.
Each order to familiarize yourself with local regulations should be considered as a general order for responsible persons. It is more important to monitor its implementation. A specialized journal in tabular form will be of great help with this, where the following data is entered:
- LNA number.
- Employee's full name.
- Employee position.
- Department.
- Mark of acquaintance – date + signature.
The Labor Code of the Russian Federation (Part 3, Article 68) establishes the employer’s obligation, even before hiring an employee, to familiarize him with local regulations (LNA), mandatory by law for all employees or necessary for his job function. However, the form and procedure for familiarization of employees is not provided for by law. Therefore, you can use any means of familiarization - the main thing is that this fact is confirmed by the signature of the employee.
When carrying out familiarization activities, the following points must be taken into account:
- The employee responsible for hiring must familiarize the applicant with all current personal identification documents before concluding an employment contract with him. Moreover, his signature is required in relation to both mandatory LNA (internal labor regulations, collective agreement, documents on labor protection, regulations on personal data, remuneration), and those acts that are additionally adopted by the organization and directly relate to the activities of this employee (regulations on the branch , structural unit, document flow, trade secret, etc.).
- Employees must be introduced to new or amended personal identification documents in the order established by the order putting these documents into effect.
How to familiarize yourself with local regulations
In practice, enterprises use:
- affixing the employee’s signatures on familiarization in the employment contract;
- journal of familiarization with LNA;
- insert sheet in the employee’s personal file, etc.
As one of the possibilities, it is proposed to use a sheet of familiarization with LNA. It can be made an annex to the employment contract; in this case, if necessary, it will be easier to find the corresponding signature of the employee. Another option is an application to the LNA, which you will get acquainted with.
The sheet can be filled out manually or on the computer.
Why is it necessary to take the procedure of familiarizing employees with LNA so seriously?
- This is a direct responsibility of the employer, failure to comply with which is an administrative offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (see Resolution of the Supreme Court of the Russian Federation dated October 10, 2011 No. 4-AD11-8).
- The correctness of the procedure and the presence of the employee’s signature play an important evidentiary role in the event of disputes (appeal ruling of the Kostroma Regional Court dated October 21, 2013 in case No. 33-1782).
A sample sheet of familiarization with local regulations can be downloaded from the link: sample sheet for familiarization with LNA.
So, a familiarization sheet is one way to confirm that an employee knows the texts of internal regulatory documents. It is drawn up in free form. It is convenient to create one sheet of information either for a specific regulatory act (and keep with this act), or for an employee (and keep in the personal file).