Personnel Documentation: Development and Legal Review
Legal review and support of personnel records management in the company
The activities of any organization are accompanied by the need to comply with a fairly large number of regulatory documents, for example, the labor activity of the company's employees is inextricably linked with the maintenance of personnel records management, the development and implementation of local regulatory documents in the field of interaction between employees and the employer, their mandatory application, both for employees and for the employer.
The list of personnel documents, in addition to the main document regulating the interaction between the employee and the employer - the employment contract, as a rule, in organizations is quite extensive, these are, for example, such documents as the regulation on remuneration, collective agreement, internal labor regulations, etc. Many important conditions depend on all these documents not only on the work of employees and their remuneration, but also on additional guarantees provided for by the company's personnel policy, for example, such as additional medical insurance, visiting gyms, payment for travel to a place of rest, etc. Often, the development of personnel documents is carried out by the company's employees themselves, as a rule, these are HR specialists, legal advisers and specialists in the field of labor protection. However, despite the diversity of specialists involved in the formation of personnel records management, the information capabilities of finding almost any information on the Internet do not allow us to completely exclude all possible errors in the HR sphere. This is due to the fact that for each organization, its type of activity, the specifics of the work of specific specialists, it is necessary to work out specific conditions, to form personnel documents for a certain type of activity and often general provisions in the field of personnel records management may not be suitable for a specific organization. In this regard, for the correct formation of personnel policy and the execution of all necessary documents in the HR sphere, company management prefers to involve third-party specialists who not only have experience and the necessary knowledge, but will also be able to take into account all the necessary aspects of the company's work, which will avoid possible adverse consequences in the form of prosecution and the exclusion of unscheduled inspections by regulatory authorities. At the same time, it is important to note that the presence of a large number of regulatory documents governing labor activity at the legislative level does not exclude possible errors for organizations in maintaining personnel records. As a rule, this may be due to changes in legislation, untimely study of the implemented legal acts, lack of training for HR specialists, etc. To eliminate shortcomings in the field of personnel documents, organizations conduct inspections, both independently, in the form of an audit, and by executive authorities, in the form of scheduled and unscheduled inspections.
Legal verification (legal audit) of personnel documents
Conducting an audit in a particular area allows you to identify weaknesses in the company, take into account possible shortcomings in various aspects and eliminate them before the arrival of regulatory authorities of various types.
To conduct a legal audit of personnel documents, the management of organizations often involves third-party auditors. This allows you to evaluate the company's activities in the field of maintaining personnel records by independent experts who are not interested in the results of the audit. Conducting an independent audit by HR specialists, as a rule, does not give the effect that the organization's management expects, this may be due to the fact that HR employees may not have all the necessary knowledge for competent and error-free HR records management. At the same time, frequent changes to labor legislation can also lead to inaccuracies and possible errors by HR specialists, which can also adversely affect the company's work as a whole.
In this regard, for the correct formation of personnel policy and execution of all necessary documents in the personnel sphere, the management of companies prefers to involve third-party specialists who have not only experience and the necessary knowledge, but will also be able to take into account all the necessary aspects of the company's work, which will avoid possible adverse consequences in the form of prosecution and the exclusion of unscheduled inspections by regulatory authorities. At the same time, it is important to note that the presence of a large number of regulatory documents governing labor activity at the legislative level does not exclude possible errors for organizations in maintaining personnel records. As a rule, this may be due to changes in legislation, untimely study of the implemented legal acts, lack of training of HR specialists, etc. To exclude shortcomings in the field of personnel documents, organizations conduct inspections, both independent, in the form of an audit, and by executive authorities, in the form of scheduled and unscheduled inspections. Legal review (legal audit) of personnel documents
Conducting an audit in a particular area allows you to identify weak points in the company, take into account possible shortcomings in various aspects and eliminate them before the arrival of regulatory authorities of various types.
To conduct a legal audit of personnel documents, the management of organizations often involves third-party auditors. This allows you to evaluate the company's activities in the field of personnel records management by independent experts who are not interested in the results of the audit. Conducting an independent audit by HR specialists, as a rule, does not give the effect that the management of the organization expects, this may be due to the fact that HR employees may not have all the necessary knowledge for competent and error-free personnel records management. At the same time, frequent changes to labor legislation can also lead to inaccuracies and possible errors of HR specialists, which can also adversely affect the work of the company as a whole. In addition to identifying deficiencies and errors in personnel records management, legal audit in this area allows for the timely elimination of identified violations and the elimination of adverse consequences for incorrect maintenance of personnel documents in the form of liability on the part of regulatory authorities, such as, for example, the labor inspectorate, tax service, prosecutor's office, etc.
Preparation of an employment contract
An employment contract is a mandatory element of labor relations between an employer and an employee, the further interaction of the participants in the labor relations will depend on how carefully the main conditions, rights and obligations of the parties are reflected in the contract. In most cases, employment contracts contain minimal conditions, often not even complying with labor legislation, since it is regularly amended, which gives rise to disagreement of one or another party to the employment contract and leads to controversial issues that are subsequently resolved in court. To avoid such situations, the correct approach to the interaction of the parties to the employment contract is to have a well-written and legally supported employment contract. This allows not only to eliminate misunderstandings between the parties to the employment relationship, but also to avoid unnecessary questions from the executive authorities that exercise control functions in relation to the employer, the accrual of all necessary payments and taxes.
Preparation of an employment contract begins with clarifying all the circumstances of labor activity in a specific company for a specific position, the employee's working conditions, his labor function and other important and essential conditions that must be reflected in the employment contract. It is important to note that when drawing up an employment contract, not only personnel and financial aspects are taken into account, but also the employee's activities in terms of harmful working conditions, guarantees and compensation, and other conditions that must also be reflected in the employment contract.
Personnel documentation, its development, implementation, application, compliance with the requirements of current legislation, is an important aspect of the work of any company. Compliance with labor law allows not only to avoid possible unscheduled inspections by regulatory authorities, but also to avoid filing lawsuits in court by company employees for violating labor laws.
Legal services
- Provision of consulting services in terms of maintaining personnel records
- Conducting a personnel audit in the company
- Development of samples of personnel documents and local documents regulating labor relations
- Preparation of a draft employment contract for different working conditions and specialties
- Implementation of new and adjustment of existing personnel documents in the organization
