What does the handwritten signature of the employee in the familiarization column mean? What are the implications of a signature? Let's find out in the article.
From the article you will learn:
How can an employer confirm that an employee has read local regulation or the administrative act issued in relation to him, and understood its meaning and content? After all, a lot depends on whether the employee is familiar with such acts, and whether it is clear to him what the employer wants. In particular, the ability to demand the execution of this act, the ability to control the result, etc.
The easiest and most logical way to confirm the fact that the employee saw the document is to have his personal signature. This method has been developed by the practice and customs of business turnover for a long time, it is successfully applied.
At the same time, it is important that the employer has evidence that the employee put a signature in support of a particular fact. In other words, a regular signature on a blank sheet will not be enough, any regulatory body, and even the employee himself, can easily dispute that the signature was put in connection with other circumstances, but not in confirmation of the fact of familiarization.
Thus, familiarization against signature (or under signature- these concepts are identical) in labor relations means the procedure for bringing the content of the document to the attention of the employee and fixing the fact of such an action. Similar familiarization procedures apply not only in labor law. For example, in procedural relations, where the court acquaints the participants in the process with their rights, in criminal law, where the witness gets acquainted with the contents of the protocol drawn up, in administrative law - when familiarizing himself with the decision made, in corporate law, in civil law. In almost all sectors where written documents are drawn up affecting the rights and interests of persons, it is necessary to record the facts of bringing their content to the attention, i.e. familiarization with documents for signature.
Familiarization procedure
In order to pass the procedure of familiarization with the document, it is necessary:
- arrange this document in a form suitable for familiarization. This is either a paper version, or (if the company uses electronic document management) electronic version of the document
- provide an opportunity to familiarize (pass for reading or provide access to the electronic version);
- draw up a document to record the fact of bringing to the attention.
Fixation methods
The law does not impose requirements on which document to put a visa in confirmation of reading.
Practice has developed several approaches.
- A sighting to confirm familiarization on the document itself. This is convenient on brief documents, such as orders, orders, notices, summonses, etc. For sighting, a separate stamp is drawn up, where the person puts his own signature, and the stamp clearly indicates that the signature was affixed in confirmation of the familiarization.
- Approval on a separate sheet, which is an integral part of the document. AT this method it is important that the sheet contains information about which specific document it refers to. In this case, familiarization with the documents against signature will be legitimate.
- Putting down a signature in magazines specially created for review. In this way, you can acquaint employees with numerous local regulations. Magazines are convenient in that they are issued in relation to several documents at once.
If you meet the requirements, then all the indicated methods are equivalent in legal consequences. The presence of a signature means the fact of reading the document, understanding its essence and the existence of legal consequences arising from it for a particular person (or organization, if a representative is familiarizing himself with the document). legal entity).
There are no unified forms or approved forms for such sheets and magazines; you will have to develop them yourself or use someone else's experience.
Let's take a look at some of the options.
Orders
Familiarization with orders against signature occurs, as a rule, the most in a simple way- by affixing visas on the document itself. This is the most common option. But no one bothers to use other methods - by compiling an acquaintance sheet (perhaps in in electronic format) or magazine.
Familiarization with the order against signature, the sample may look like this: on the order, after the signature of the head, the inscription is affixed: “I am familiar with the order”, followed by the personal signature of the employee and the date (if it is important). The decoding of the full name of the employee can be done in advance or put down by the employee himself. This does not play a legal role.
Instructions
Familiarization with instructions for signature often occurs using magazines. This is due to the fact that there are a lot of instructions, the newly hired employee, as a rule, gets acquainted with large quantity various local acts, including instructions. It is more convenient to do this with a separate log. When making changes to the instructions in the journal, a separate column may be provided to record the fact of bringing such changes to the attention of employees.
As already mentioned, it is necessary to acquaint with documents not only in labor relations. For example, parenting under painting with the rules preschool or local acts of the school, with notification of the possibility of vaccination, etc.
Features in electronic document management
Many organizations are moving to electronic document management, including personnel. Nobody bothers to combine an electronic document and a paper version of the confirmation of its reading. But if electronic familiarization is also used, one must be aware of the risks. Of course, they can be minimized if an electronic analogue of a handwritten signature is used. But if we focus on the fact of opening a document from a certain PC, then there is a risk that these actions may not be performed by the person whose acquaintance is required.
Thus, it is advisable, when using electronic document management, to take care of minimizing various risks, which makes it possible to make modern software.
The procedure for familiarizing employees with local regulations 01/29/2016"In what order should employees be introduced to local regulations and changes to them?"
The Labor Code of the Russian Federation specifically stipulates the issue of familiarizing employees with local regulations. According to part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to acquaint employees against signature with the adopted local regulations that are directly related to their work activities. According to part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement. Please note that it is with those acts that are directly related to the work activity of the employee, and not with all in a row. That is, for example, it is not necessary to familiarize an employee who is not sent on business trips and is not going to be sent with the provision on business trips.
Since the exact procedure for familiarization with a local normative act is not defined by the code, in practice there are various options:
1) Familiarization sheets are attached to the local regulatory act, on which employees put their signatures confirming familiarization and the dates of familiarization. Such sheets are stitched together with the local regulation. This option is suitable for small organizations with few employees. However, it is inconvenient for large companies. They often use the following option.
2) Maintaining journals of familiarization with local regulations, in which employees put their signatures confirming familiarization and indicate the dates of familiarization. When hiring an employee, the text of the employment contract may include a phrase stating that the employee is familiar with the local regulations of the employer, and these acts are listed.
If changes are made to the local normative act, then employees should also be familiarized with such changes. This is usually done in the same order as the initial introduction.
Recall that the peculiarities of familiarizing employees with local regulations may be provided for by a collective agreement or other local regulation (which may even be an order). And these features you need to take into account when familiarizing employees.
Subscribers of the magazine "Practitioner-Practitioner" also have access to:
- DISMISSAL ORDER WITHOUT EMPLOYEE'S SIGNATURE: BE CAREFUL, DO NOT MISTAKEN!
- HIRED WORKER REFUSES TO SIGN AN EMPLOYMENT CONTRACT
- INCORRECT AMENDMENTS TO LOCAL REGULATIONS CAUSE A PENALTY
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Question :
Labor legislation does not regulate the procedure for familiarizing the employee with the local regulations of the organization.
The employer can use any method of acquaintance of employees, which provides for the presence of a confirming signature of the employee.
It will also be legal to use a familiarization sheet (annex to the employment contract), which will list all local regulations with which the employee is familiar.
Legal rationale:
Labor Code Russian Federation does not contain a legal definition of the concept of a local normative act.
In the theory of labor law, local regulations are understood as acts adopted by the employer that contain rules of conduct designed for repeated application to an indefinite circle of persons.
Almost all employers have the right to take such acts (Article 8 of the Labor Code of the Russian Federation), with the exception of employers - individuals (not entrepreneurs).
In accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation, all employees of the organization must be familiarized with the local regulations of the enterprise directly related to their work activity against signature.
In addition, before signing an employment contract, the employer is obliged to familiarize the employee with local regulations directly related to his labor activity (part 3 of article 68 of the Labor Code of the Russian Federation). The following documents are required for review:
- internal labor regulations (part 3 of article 68 of the Labor Code of the Russian Federation);
- rules for the storage and use of personal data of employees (Article 87 of the Labor Code of the Russian Federation);
- regulation on wages (Article 135 of the Labor Code of the Russian Federation), if such a section is not included in the internal labor regulations;
- rules and instructions for labor protection (Article 212 of the Labor Code of the Russian Federation).
The job description is not specified by labor legislation as a mandatory local act of the organization. At the same time, it is an important document that regulates not only the labor function of an employee, the scope of his duties, the limits of responsibility, but also the qualification requirements for the position held (Letter of Rostrud dated October 31, 2007 N 4412-6). Therefore, it is recommended to familiarize the persons hired with the job description.
In addition, the hired employees should be familiarized with the following local regulations (if any in the organization):
- collective agreement;
- regulation on social security workers;
- regulation on information security;
- trade secret regulation;
- the provision on the liability of employees for damage caused to the employer;
- regulation on document flow;
- regulation on the inventory of inventory items;
- a written agreement on the full individual or collective (team) liability of the employee;
- other documents.
It should be noted that labor legislation does not regulate the procedure for familiarizing employees with local regulations and methods for fixing the signatures of employees. The employer has the right to use any means of familiarization convenient for him.
For example, the fact that employees are familiar with local acts can be confirmed in the following ways:
Signature of the employee on the familiarization sheet. As a rule, the surname, name, patronymic of the employee and the date of familiarization are indicated in the familiarization sheet. This sheet is attached to each local regulatory act, numbered, stitched and sealed with the seal and signature of the official.
The signature of the employee in a special journal for familiarizing employees with local regulations. Unlike a familiarization sheet, this journal may provide for the possibility of familiarizing employees with several local regulations.
The signature of the employee on the familiarization sheet, which is an annex to the employment contract, which can list all local regulations that the employee is familiar with.
A remote worker can be familiarized with the local regulations of the organization that are directly related to his work by exchanging electronic documents with an electronic digital signature. This follows from the totality of norms: Part 5 of Art. 312.1, part 5 of Art. 312.2 of the Labor Code, art. 6 of the Federal Law of 06.04.2011 N 63-FZ.
It must be remembered that failure to familiarize employees with local regulations is a violation of labor and labor protection legislation and may entail administrative liability for the employer under Art. 5.27 of the administrative offenses Russian Federation.
| Document's name: | |
| Document Number: | 614 |
| Document type: | |
| Host body: | Ministry of Economic Development of Russia |
| Status: | current |
| Published: | |
| Acceptance date: | August 28, 2015 |
| Effective start date: | October 19, 2015 |
| Revision date: | October 20, 2016 |
On approval of the procedure for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents, the form of an application for familiarization with the documents of an application for a patent for an invention, ..
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
ORDER
On approval of the procedure for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents, the form of an application for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents
Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, November 21, 2016, N 0001201611210022).
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In accordance with paragraph 2 of Article 1246, paragraph 2 of Article 1385 of the fourth part of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 52, Art. 5496; 2007, N 49, Art. 6079; 2008, N 27, Art. 3122 ; N 45, item 5147; 2010, N 8, item 777; N 9, item 899; N 41, item 5188; 2011, N 50, item 7364; 2013, N 27, item 3477, 3479 ; N 30, article 4055; 2014, N 11, article 1100; 2015, N 1, article 83; N 27, article 3996; N 29, article 4342)
I order:
1. Approve:
The procedure for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents;
the form of an application for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents.
2. To impose control over the execution of this order on the head of the Federal Service for Intellectual Property Ivliev G.P.
Acting Minister
E.I. Yelin
Registered
at the Ministry of Justice
Russian Federation
October 5, 2015,
registration N 39144
The procedure for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and issuance of copies of such documents
1. Familiarization with the documents of an application for a patent for an invention, utility model, industrial design and issuance of copies of such documents (hereinafter - the application, application documents) is carried out at the request of any person to familiarize themselves with the application documents and issue copies of such documents (hereinafter, respectively - the applicant , petition) submitted in the form approved by this Order.
The provisions of this Procedure for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and the issuance of copies of such documents (hereinafter referred to as the Procedure) do not apply to applications for a secret invention, as well as to information access to which is limited by the legislation of the Russian Federation contained in the application documents.
2. After the receipt of the application to Rospatent, the following circumstances are established:
1) a fee has been paid in the amount and in the manner established by the Regulations on patent and other fees for legally significant actions related to a patent for an invention, utility model, industrial design, with state registration of a trademark and service mark, with state registration and granting of an exclusive right to the appellation of origin of goods, as well as with state registration of alienation of the exclusive right to the result of intellectual activity or means of individualization, pledge of exclusive right, granting the right to use such result or such means under an agreement, transfer of the exclusive right to such result or such means without an agreement, approved Decree of the Government of the Russian Federation of December 10, 2008 N 941 (Collected Legislation of the Russian Federation, 2008, N 51, Art. 6170; 2011, N 39, Art. 5487; 2013, N 47, Art. 6106; 2016, N 13, Art. .1844);
(Subparagraph as amended, put into effect on December 2, 2016 by order of the Ministry of Economic Development of Russia dated October 20, 2016 N 670.
2) the petition has been filed in relation to the documents of the application for an unclassified invention;
3) the application was filed by an applicant who is not an applicant on the application after the publication of information about an application that has not been withdrawn and has not been recognized as withdrawn as of the date of publication of information about it;
5) the period of storage of application documents has not expired in accordance with Federal Law No. 125-FZ of October 22, 2004 "On Archives" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 43, Art. 4169; 2006, No. 50, Art. 5280; 2007, N 49, item 6079; 2008, N 20, item 2253; 2010, N 19, item 2291; N 31, item 4196; 2013, N 7, item 611; 2014, N 40, item 5320).
3. Subject to the conditions specified in paragraph 2 of the Procedure, Rospatent selects the application documents in hard copy from the archival fund of the Federal State Budgetary Institution "Federal Institute of Industrial Property" (FIPS), including from the remote fund of the FIPS archival storage.
4. The selection of application documents in electronic form is carried out from the FIPS electronic document management system for inventions, utility models, industrial designs.
5. When Rospatent issues (sends) copies of the application documents to the applicant, the sheets of prepared copies of the application documents are sealed (if the number of sheets of copies of the application documents exceeds 1 sheet) and certified by the seal of Rospatent and the signature of the official who prepared the set of copies of documents, with the full name and initials, date assurances.
If the number of sheets of copies of the application documents does not exceed 1, the signature of the official who certified the copy, with the decoding of the surname and initials, the date of certification and the round seal of Rospatent are placed on the sheet of the copy of the application document after the text contained on it.
6. Copies of the application documents are issued (sent) to the applicant along with a notice of satisfaction of the application for the issuance of copies of the application documents.
7. Familiarization of the applicant with the application documents is carried out in Rospatent in accordance with the date and time agreed by Rospatent for familiarization with the application documents.
The date and time of familiarization with the application documents and the telephone number of the representative of Rospatent responsible for familiarizing the applicant with the application documents (hereinafter referred to as the executor) are indicated in the notice of satisfaction of the request regarding familiarization with the application documents sent by Rospatent to the applicant.
If Rospatent is not able to familiarize the applicant with the application documents on the date and time specified in the request for familiarization with the application documents, the executor shall agree on a new date and time for familiarization with the application documents in the manner indicated by the applicant in the request for familiarization with the application documents, in including a contact phone number.
The date of familiarization of the applicant with the application documents at the request of the applicant may be postponed, but not more than 3 months from the date of familiarization with the application documents specified in the notification provided for in paragraph one of this clause. Coordination of the postponement of the date of familiarization with the application documents is carried out by the applicant by phone, specified in the notification provided for in paragraph one of this clause.
Familiarization with the application documents is carried out in the presence of the contractor.
After familiarization with the application documents, the applicant makes a note on the application: “I am familiar with the application materials N (the application number is indicated)”, the date of familiarization, signatures, surname and initials of the person who has familiarized with the application documents, and the contractor are affixed.
APPROVED
by order
Ministry of Economic Development of Russia
dated August 28, 2015 N 614
(As amended by
from December 2, 2016
by order of the Ministry of Economic Development of Russia
dated October 20, 2016 N 670.
Application form for familiarization with the documents of an application for a patent for an invention, utility model, industrial design and issuance of copies of such documents
RECEIPT DATE | INCOMING N |
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(to be completed by the Federal Service | on intellectual property) |
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To the Federal Service for Intellectual Property |
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Berezhkovskaya emb., 30, building 1, Moscow, G-59, GSP-5, 123995, |
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PETITION |
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1. N application | date of application | ||||||||||||||||||||||||||||||||||||||||||||||||
for an invention | for utility model | for an industrial design |
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2. Applicant (the surname, name, patronymic (the latter - if any) or the name of the legal entity (according to the constituent document), place of residence or location) |
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3. Representative of the applicant (a person appointed by the applicant to deal with Rospatent) |
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(the surname, name, patronymic (the last - if any) of the representative of the applicant, his place of residence are indicated) |
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patent | representative for | representative |
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attorney, reg. N__ | powers of attorney | according to law |
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Representation term | |||||||||||||||||||||||||||||||||||||||||||||||||
(if a power of attorney is attached to the application, the deadline may not be indicated) |
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Please review the following application documents: |
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(the types of application documents and the date of their receipt by Rospatent / the date of sending the documents by Rospatent are indicated) |
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applicant | applicant's representative |
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(information is given: surname, name, patronymic (the last one - if available) individual, as well as the series, number of the passport or other identity document) |
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desired time | and date | personal appeal to |
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Rospatent of the applicant, the representative of the applicant for familiarization with the requested application documents |
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Please provide copies of the following application documents: |
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(specify the types of application documents and the date of their receipt by Rospatent, the date of sending the documents by Rospatent) |
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I ask for the requested documents and notifications prepared on the basis of the results |
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consideration of the application |
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send by mail through the communication organization to the address for correspondence: |
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(full postal address provided) |
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send in electronic form | |||||||||||||||||||||||||||||||||||||||||||||||||
(indicates the user ID of the service " Personal Area" (if available) |
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issue to a person: | |||||||||||||||||||||||||||||||||||||||||||||||||
(surname, name, patronymic (the last one - if available) of an individual, as well as the series, number of a passport or other identity document) |
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I ask you to notify the applicant, the representative of the applicant |
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on the date and time of the personal reception of the applicant (his representative) at Rospatent for |
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familiarization with the requested documents |
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on the date of issue of certified copies of documents |
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by email address: | |||||||||||||||||||||||||||||||||||||||||||||||||
by fax number: | by phone number: | ||||||||||||||||||||||||||||||||||||||||||||||||
8. List of attached documents: | Qty |
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power of attorney | |||||||||||||||||||||||||||||||||||||
application for electronic correspondence | |||||||||||||||||||||||||||||||||||||
a copy of the document confirming the payment of the patent fee (duties) | |||||||||||||||||||||||||||||||||||||
(submitted by the applicant on his own initiative) | |||||||||||||||||||||||||||||||||||||
another document (indicate the name of the document) | |||||||||||||||||||||||||||||||||||||
A power of attorney confirming the authority of the applicant's representative has been submitted to Rospatent |
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earlier with respect to applications N | date of application | ||||||||||||||||||||||||||||||||||||
Duty paid | by item | ||||||||||||||||||||||||||||||||||||
Information about the payer (last name, first name, patronymic (the last one - if any) of an individual |
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or legal entity name) | |||||||||||||||||||||||||||||||||||||
Identifiers of the payer, indicated in the document confirming the payment of the fee: |
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For individuals: | For legal entities: |
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Series, number of the identity document of the payer | |||||||||||||||||||||||||||||||||||||
(information about the payer and the payer's identifiers are filled in if a copy of the document confirming the payment of the patent fee is not attached to this application) |
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11.
The applicant and his representative are aware that, in accordance with
subparagraph 4 of paragraph 1 of Article 6 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (Collected Legislation of the Russian Federation, 2006, N 31, Art. 3451; 2009, N 48, Art. 5716; N 52, Art. 6439; 2010, N 27, Art. 3407; N 31, Art. 4173, 4196; N 49, article 6409; 2011, N 23, article 3263; N 31, article 4701; 2013, N 14, article 1651; N 30, article 4038; N 51, article 6683; 2014, N 23, Article 2927; N
30, art. 4217, 4243) The Federal Service for Intellectual Property processes the personal data of the subjects of personal data specified in the application for the purposes and to the extent necessary to provide a public service for familiarization with the application documents and other documents related to the patenting of an invention, useful model, industrial design, and the issuance of copies of such documents. |
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I hereby confirm that the applicant has the consent of the subjects of personal data specified in the application to the processing of their personal data specified in this application in the Federal Service for Intellectual Property in connection with the provision of a public service for familiarization with the application documents and other documents related to patenting an invention, utility model, industrial design, and issuing copies of such documents. Consent is made in accordance with
Article 9 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" .
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I confirm the accuracy of the information contained in this application |
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12. Signature | the date | ||||||||||||||||||||||||||||||||||||
Signature, surname, name, patronymic (the last one - if any) of the applicant or representative of the applicant, or other authorized person, date of signature (when signing on behalf of a legal entity, the signature of the head or other authorized person is certified by a seal, if any) |
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Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
On approval of the procedure for familiarization with the documents of the application for the grant of a patent for an invention, utility model, industrial design and the issuance of copies of such documents, the application form for familiarization with the documents of the application for the grant of a patent for an invention, utility model, industrial design and the issuance of copies of such documents (as amended) October 20, 2016)
| Document's name: | On approval of the procedure for familiarization with the documents of the application for the grant of a patent for an invention, utility model, industrial design and the issuance of copies of such documents, the application form for familiarization with the documents of the application for the grant of a patent for an invention, utility model, industrial design and the issuance of copies of such documents (as amended) October 20, 2016) |
| Document Number: | 614 |
| Document type: | Order of the Ministry of Economic Development of Russia |
| Host body: | Ministry of Economic Development of Russia |
| Status: | current |
| Published: | Official Internet portal of legal information www.pravo.gov.ru, 08.10.2015, N 0001201510080023 |
| Acceptance date: | August 28, 2015 |
| Effective start date: | October 19, 2015 |
| Revision date: | October 20, 2016 |
