The staffing table is an important and necessary local act. And first of all, it is the head of the company that needs it. In this article, I will talk in great detail about the staffing table and answer all the questions that arose in practice.

What is the staffing table for?

The staffing table (SR) is used to formalize the structure of the company, its staffing. ShR performs several functions at once:

allows you to clearly trace the organizational structure of the company;
fixes the number of structural units and the number of staff units for each position (profession);
allows you to trace the system of remuneration of employees of structural units;
establishes and fixes the amount of allowances;
facilitates the tracking of vacancies and the implementation of the selection of personnel for these vacancies;
helps to analyze the cost of labor costs and the efficiency of departments in general and employees in particular.

Is it necessary to have a staffing table?

There are two points of view on the binding nature of this document. Some experts believe that the employer has the right to independently decide whether to maintain a staffing table. But most practitioners are of the opinion that SR is a must.

The staffing table is mentioned in Articles 15 and 57 of the Labor Code of the Russian Federation and in paragraph 3.1. Instructions for filling out work books. In all references, the employee's labor function is defined either as work according to the position in accordance with the staffing table, or as an indication of the profession, specialty. Consequently, if the position is determined by the employment contract (as is usually the case), then the employer must have a staffing table.

So, despite the fact that not a single regulatory act says that SR is mandatory, we recommend that this document be drawn up. This also applies to individual entrepreneurs !!!

The staffing table is also requested by the inspection bodies. So, the FSS encourages employers to draw up the SR, since it serves to confirm the correctness of the calculation of insurance premiums. The Pension Fund of the Russian Federation has also repeatedly drawn attention to the need for SR in organizations. Often, the tax authorities also request staffing when conducting on-site inspections.

For example, in the decision of the Moscow Arbitration Court dated April 28, 2007 in case No. А40-4332 / 07-117-33, it is noted that “the Tax Code of the Russian Federation imposes on the taxpayer the obligation to submit, at the request of the tax authority, documents and information necessary for tax control. The fact that employment contracts, staffing, personal and individual cards are not tax accounting documents does not in itself refute the organization's obligation to have such documents and submit them for a field tax audit, since the information contained therein may be significant for taxation " ...

What are the consequences if the company does not have a staffing table?

The inspection bodies regard the absence of a staffing table as a violation under Art. 5.27 of the Administrative Code of the Russian Federation. For this article, the fine:
- for an official - up to RUB 5,000,
- for an organization - from 30,000 to 50,000 rubles.

Due to the fact that there is no clear obligation on the employer to maintain this document in the legislation, you can try to challenge these sanctions in court. But in practice, there are no court decisions when the fine is challenged only for the absence of SR. Usually, during inspections, they find a bunch of violations of labor laws. Therefore, it is difficult to say whether such an attempt will be successful or not.

Lack of staffing can lead to other problems. For example, an employer who does not have a staffing table is deprived of the opportunity to reduce the number or staff of employees. More precisely, he can make a reduction, but it will not be possible to document the legality of his actions in case of a dispute. The number of places at which a special assessment of labor should be carried out is also determined according to the staffing table.

If the employment contracts with employees indicate that they are hired for certain positions, and there is no staff, then the employment contract will still be considered concluded, and the employee will perform the labor function provided for by the contract.
If you have accepted an employee as any position not specified in the SR, this contradiction is also always resolved in favor of the employee - he is considered accepted for the position or profession specified in the contract.

Who should develop and approve the staffing table?

The legislation does not define the circle of persons who should develop SD. The TSA assigned this responsibility to the labor economist. Nowadays such a position is practically not found in organizations.
Therefore, the preparation of the staffing table is the concern of the head of the company or the entrepreneur. They can engage in drawing up the SR on their own or assign this responsibility to another employee (issue an order or make a duty in the job description or employment contract).

As a rule, in small organizations, the compilation of SRs is entrusted to the personnel department or accounting. In large companies - the planning and economic department or the department of organization of labor and wages.

But the head of the company or the sole proprietor himself approves the SR. Labor legislation does not provide for taking into account the opinion of the representative body of employees when approving the staffing table.
In the unified form T-3, developed for the design of the SHR, a stamp of approval was provided through an order. That is, it was proposed to approve the staffing by order of the head.

This order does not contain the ascertaining part, and the order can begin immediately with the words "I ORDER", since no additional explanations are required for the introduction of the SR. Although you can specify the reasons (if any) for the approval of the new staffing table.

The details of the order (number and date of registration) are transferred to the staffing table:

Please note that the dates of compilation, approval and entry into force of the staffing table may not coincide, as in our example:
- 05/18/2018 - compilation date
- 05/21/2018 - approval date,
- 01.06.2018 - effective date.

Taking into account the fact that wages are paid to employees on a monthly basis, it is logical to put the staffing into effect from the first day of the month. But if necessary, you can enter SR from any date you need.

How often should the staffing table be drawn up?

The legislation does not provide an answer to this question. Previously, it was believed that the SD is a planning document, therefore, the expediency of drawing up for one year was justified. In the unified form T-3, there is even a corresponding props "for a period". But now the economic situation is changing unpredictably: one SD can be relevant for several years, or it can change three times a year.

Officials on the website onininspektsiya.rf in their review for January 2017 explained:
“The norms of the current legislation do not establish any frequency with which the employer has the right to make changes to the staffing table. The employer has the right to change the staffing table at any time at its own discretion. "

What is a standard layout?

The staffing table shows the total number of staff units (positions) and does not make it possible to determine whether the position is vacant or occupied, and which of the employees holds it. Since this is an official document approved by an order, notes and corrections cannot be made on it.

In order to have an idea of the positions occupied, some companies are still staffing. This is such a working version of the SR, where opposite each position they write the name and initials of the employee who replaces it. You can also specify other information: the employee's personnel number, position status, special category (disabled, retired, etc.), work experience and other information about the employee.

The staffing table changes depending on the changes in the staff, it is not approved, it is not an official binding document. Rather, it is an informational form to facilitate analysis and planning.

By the way, the storage period for standard spreads has been set. In accordance with the "List of standard administrative archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods", approved by Order of the Ministry of Culture of Russia dated 25.08.2010 N 558 (as amended on 16.02.2016), it is 75 years after drawing up new ones.

How many and where are the staffing tables that are no longer valid?

Personnel schedules at the place of development and approval are stored permanently, that is, all the time the company exists (clause 71 of the List). After liquidation, all documents are handed over to the municipal archive, and the expert committee of the archive will decide whether to keep your orders and staffs for long-term storage. As a rule, SRs of commercial organizations are not valuable for history, therefore, when accepting documents of a liquidated company, they are destroyed.

In the meantime, the company (organization or individual entrepreneur) operates, staffing tables must be stored. According to the storage rules, all attachments are stored together with the document that approved them. Since SRs are approved by orders, they are filed together with these orders and stored in one file.

Algorithm for the preparation and approval of SR

1. Issue an order on the development of the SR(this stage may be absent if the staff is developed by the head himself).
The order reflects the following points:
it is indicated who is entrusted with the task of leading and carrying out the work on drawing up the SR,
the circle of persons who should assist in the preparation of the SR is determined,
the workers with whom the SR is agreed are called,
the terms of drawing up, agreeing, and approving the SR are set.

2.Make a staffing table.
3. Agree (if necessary) the staffing table
Sometimes, according to the Charter of the organization, it is required to agree on the staffing table with the founders. But usually the draft staffing table is coordinated with the heads of structural divisions and individual executives, checked by a lawyer.
The approval process and the list of persons with whom the staffing should be coordinated is not defined by law, as a rule, it is spelled out in the local regulatory act of the company. After reviewing, they either put the visa "agree" or "comments are attached" and attach a memo with their suggestions and comments. If during the process of approval and approval of the project significant changes are made, then you can re-approval.

Is the staffing table a confidential document?

Clause 5 of Article 5 of Law No. 98-FZ directly states that a trade secret regime cannot be established with respect to information on the number, composition of employees, the wage system, labor conditions, and the availability of vacancies.

Consequently, SR (a document containing information on the number, composition of employees and the remuneration system) cannot be a trade secret. The courts adhere to the same point of view (see, for example, the resolution of the Federal Antimonopoly Service of the North-Western District of 25.07.2005 in case No. A13-2375 / 2004-24, the ruling of the Supreme Court of the Komi Republic of 26.04.2012 No. 33-1453 / 2012).

All this allows us to say that the information provided for by the staffing table is not secret by virtue of the law. Therefore, the staffing table cannot be included in the List of documents containing commercial secrets.

VAT declaration: is tax reporting a trade secret?

The Law "On Commercial Secrets" of July 29, 2004, No. 98-FZ (hereinafter - Law No. 98-FZ) does not classify information on tax payments as the category of data that cannot represent a commercial secret of an organization (Article 5 of Law No. 98-FZ) ...

Thus, the organization, if it deems it necessary, can fix in a local document - a regulation on commercial secrets that such information is confidential (see clause 1 of article 10 of Law No. 98-FZ).

More details about this document can be found in our other article: “ Regulations on commercial secrets - sample-2017-2018 »).

If the counterparty asks the organization to submit this document in order to verify the reliability of the future partner, then the title page and section 1 of the VAT declaration with the marks of the Federal Tax Service can be submitted for analysis, which will already serve as confirmation of the organization's fulfillment of its obligations in terms of tax payment.

If the declaration is filed electronically, the counterparty can be provided with notifications from the tax authority, unloaded from the personal account in the reporting system used (for example, through the FTS website), on entering data into the general database of the Federal Tax Service or on the receipt of the declaration by the named state body.

The counterparty, in turn, may request information about the payment of VAT by this legal entity or individual entrepreneur and from the tax inspectorate itself, since these data do not belong to tax secrets (subparagraph 3 of paragraph 1 of article 102 of the Tax Code of the Russian Federation). The same conclusion is confirmed by the official explanations of the Ministry of Finance of Russia (see the letter of the department dated 04.06.2012 No. 03-02-07 / 1-134 ).

Is the charter a trade secret?

In addition, documents such as TIN and OGRN, licenses, are just as unacceptable to hide and designate as confidential information. The listed documents are obliged by the law to post in the public domain for review, for example, by consumers - in the buyer's corner (clause 1 of article 9 of the RF Law "On Protection of Consumer Rights" dated 07.02.1999 No. 2300-1).

In addition, some legal entities are required by law to post the charter on their website on the Internet. For example, state and municipal institutions have such a duty (see clause 6 of the order of the Ministry of Finance of the Russian Federation of July 21, 2011 No. 86n).

Is the balance sheet a trade secret or not?

With regard to accounting (financial) statements, the establishment of a trade secret regime is unacceptable (clause 11 of article 13 of the Law "On accounting" dated 06.12.2011 No. 402-FZ).

The balance sheet is one of the constituent parts of accounting (clause 5 of the order of the Ministry of Finance of the Russian Federation dated 06.07.1999 No. 43n), respectively, it cannot constitute a commercial secret. The same order also confirms the publicity of accounting and establishes the obligation of the organization to provide an opportunity for users to familiarize themselves with it (paragraph 42).

In some cases, the law establishes the obligation to disclose financial statements, of which the balance sheet is an integral part, by publishing it on the Internet (for example, this obligation is established for joint stock companies, Chapter 71 of the Regulation on Disclosure of Information, approved by the Bank of Russia on December 30, 2014 No. 454-P ).

Are salaries and staffing a trade secret?

Thus, neither the size of the salary, nor the contents of the staffing table are classified as commercial secrets, which is also confirmed by judicial practice (for example, the decision of the Suoyarvsky District Court of the Republic of Karelia of 12.07.2010 in case No. 2-340 / 2010).

So, neither the balance sheet, nor the content of the constituent documents, nor information about the salaries of employees (as well as the staffing table) can constitute a trade secret of the organization. A legal entity or individual entrepreneur is not required to submit a VAT declaration to a counterparty upon request, although the latter may request relevant information from the Federal Tax Service, since this information does not belong to tax secrets.

Is the VAT return a trade secret - such a question arises for the organization, for example, in the case when the counterparty, before concluding the contract, asks to provide the named reporting. Next, we will tell you how to do the right thing in such a situation.

VAT declaration: is tax reporting a trade secret?

Thus, the organization, if it deems it necessary, can fix in a local document - a regulation on commercial secrets that such information is confidential (see clause 1 of article 10 of Law No. 98-FZ).

Is the charter a trade secret?

In addition, documents such as TIN and OGRN, licenses, are just as unacceptable to hide and designate as confidential information. The listed documents are obliged by the law to be placed in the public domain for familiarization, for example, by consumers - in the buyer's corner (clause 1 of article 9 of the RF Law "On Protection of Consumer Rights" dated 07.02.1999 No. 2300-1).

Also, some legal entities are required by law to post the charter on their website on the Internet. For example, state and municipal institutions have such a duty (see clause 6 of the order of the Ministry of Finance of the Russian Federation of July 21, 2011 No. 86n).

Is the balance sheet a trade secret or not?

With regard to accounting (financial) statements, the establishment of a trade secret regime is unacceptable (clause 11 of article 13 of the Law "On accounting" dated 06.12.2011 No. 402-FZ).

The balance sheet is one of the constituent parts of accounting (clause 5 of the order of the Ministry of Finance of the Russian Federation of 06.07.1999 No. 43n), respectively, it cannot constitute a commercial secret. The same order also confirms the publicity of accounting and establishes the obligation of the organization to provide an opportunity for users to familiarize themselves with it (paragraph 42).

Are salaries and staffing a trade secret?

According to par. 6 tbsp. 5 of Law No. 98-FZ, information on the number and composition of employees and on the remuneration system cannot be classified as a commercial secret. At the same time, the remuneration system means not only its type (piecework, hourly, etc.), but also the size of salaries, tariff rates, additional payments, allowances, bonuses (Article 135 of the Labor Code of the Russian Federation).

Thus, neither the size of the salary, nor the contents of the staffing table are classified as trade secrets, which is also confirmed by judicial practice (for example, the decision of the Suoyarvsky District Court of the Republic of Karelia of 12.07.2010 in case No. 2-340 / 2010).

New accounting law forces trade secrets to be dealt with

In 2013, the Federal Law of 06.12.2011 No. 402-FZ “On Accounting” came into force. The law has radically revised the possibility of classifying financial statements as information constituting a commercial secret.

Instead of the imperative construction of Part 4 of Art. 10 of the Federal Law of the same name dated 21.11.1996 No. 129-FZ "The content of accounting registers and internal accounting reports is a commercial secret" we received an indication in part 11 of Art. 13 of the new law “Regarding accounting (financial) statements, a commercial secret regime cannot be established”.

Moreover, the concept of a legal deposit has been introduced for financial statements, which economic entities obliged to draw up (except for public sector organizations and the Bank of Russia) must submit to the state statistics body at the place of state registration. Mandatory copies of the accounting (financial) statements constitute the state information resource, to which access is provided to interested parties. And without reservation "in cases provided by law", but simply "interested parties." Access restrictions are allowed only in the interests of maintaining state secrets.

The new edition of the law does not explain how to deal with the resulting conflict with Part 1 of Art. 91 of the Federal Law "On Joint Stock Companies", which permits access to accounting documents only to shareholders holding in aggregate at least 25% of the voting shares of the company.

In the event that the legislation of the Russian Federation or an agreement provides for the submission of the accounting register to another person or to a state body on paper, part 7 of Art. 10 obliges an economic entity, at the request of another person or a state body, to produce, at its own expense, on paper copies of the accounting register drawn up in the form of an electronic document. The question of the possibility of classifying the entire register or part of it as information constituting a trade secret is also hanging in the air.

The new law lacks a provision stating that accounting registers accumulate information to be reflected in accounting accounts and in financial statements, which was previously contained in Part 1 of Art. 10. Thus, there is no reason to believe that the initial data for financial statements contained in the registers cannot constitute a commercial secret. On the other hand, if information from the register gets into the reporting, one of the requirements that determine the possibility of classifying information as a trade secret is violated - its being legally unknown to third parties.

In general, the conclusion is disappointing - the accounting statements and the register, which were previously “intimate9raquo; the affairs of the organization, which it had the right to close from prying eyes, become actually public (reporting) or unprotected (register). If it were only about their accessibility for government agencies, this could still be taken calmly, although Federal Law No. 8-FZ very broadly interprets the concept of information about the activities of government bodies, referring to it the information received by these bodies, and provides ample opportunities access to it by any person, including by unmotivated requests. But the new law goes even further, establishing a blanket rule on accessibility and referring us to other laws. And what the consequences of this will be, only time and practice of law enforcement will tell.

So there is no time to be bored. Anyone who has a commercial secret regime must revise the lists of information constituting a commercial secret, if this has not been done earlier, deal with the presence of financial statements and accounting registers in them - and urgently make adjustments. The presence in the lists of unprotected information, the classification of which as a commercial secret is expressly prohibited by law or which does not meet the requirements of paragraph 2 of Art. 3 FZ "On Commercial Secrets" (98-FZ) and Art. 1465 of Part IV of the Civil Code of the Russian Federation, may lead to the recognition of the list as not complying with the law (i.e. not having legal force) and to challenging the legality of establishing a commercial secret regime in general. Remember, "the trade secret regime is considered established after the owner of the information constituting a commercial secret takes the measures specified in part 1 of this article" (Article 10 98-FZ)? And the first among these measures is the development of a list of information constituting a commercial secret. The list has no legal force - there is no regime either. And our courts, based on inner conviction, can decide a lot of things.

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The position of the subjects of labor relations is determined by a variety of local regulations.

These local acts, in general, are not regulated by any norms, but the principled approach to their development and adoption is formulated in Art. Art. 8, 9 of the Labor Code of the Russian Federation.

So, in accordance with Art. 8 of the Labor Code of the Russian Federation, the employer may (but is not obliged) to adopt local regulations containing labor law norms, within the limits of their competence, in accordance with laws and other regulatory legal acts, collective bargaining agreements, and agreements.

The employer can adopt local acts:

1) alone;

2) taking into account the opinion of the representative body of employees;

3) by agreement with the representative body of employees;

4) together with the representative body of employees.

The Labor Code of the Russian Federation does not name any obvious examples of joint or conciliatory rule-making, except for a collective agreement, so it can be assumed that the employer can take other local acts alone.

It should be noted that the Labor Code of the Russian Federation pays little attention to local acts of the employer, for example, the staffing table is mentioned in it three times in Art. Art. 15, 57, 217 of the Labor Code of the Russian Federation, although the rules of the internal labor schedule are mentioned quite a lot, but these are just references to it, nothing specific (Articles 15, 21, 22, 56, 68, 91, 100, 101, 104, 108, 109, 111, 119, 136, 189 of the Labor Code of the Russian Federation), Art. 190 of the Labor Code of the Russian Federation is devoted to the procedure for approving these rules (the legislator had to allocate four lines for this).

In our opinion, this attitude of the legislator to local regulations is not correct, because sometimes labor disputes can be settled only thanks to the norms of these acts.

What does the personnel service (department) have to do with local acts, but the fact is that it is personnel officers (as representatives of the employer) who develop these documents.

6.1. Regulations on the personnel service (personnel department) (Appendix 15)

The regulation on the personnel service (personnel department) is also a local act, regulated by the activities of this service (department). This regulation is developed by the head of the personnel department. The regulation has the following structure.

1... General Provisions ... In this section, indicate: the full name of the department in accordance with the staffing table; the procedure for the creation and liquidation of this department, subordination; the procedure for the appointment and dismissal of the chief, his deputies; principles of department management.

2. Structure ... In this section, indicate the structure and staffing of the department, and also schematically show the structural subordination of the department employees.

3. Tasks ... This section highlights the tasks facing the department, which it must solve on a daily basis in the course of its activities.

4. Functions ... This section provides a complete list of functions performed by the department. The list must be comprehensive.

5. Rights. This section contains a list of the rights that the department has within its competence when performing the tasks assigned to it.

6. Service interactions ... The section contains what services the department interacts with and on what issues.

7. Responsibility. Here it is necessary to concretize the cases of the occurrence of responsibility and the type of responsibility, as well as cases of personal responsibility of the head of the department.

This Regulation is coordinated with the head of the personnel department, as well as with lawyers on the fact of the legality of the norms of the Regulation, signed by them, after which it is approved by the head of the organization with the date of approval. After approval, the Regulations are stitched, sealed with the seal of the organization and the signature of the head of the organization (seal of the HR department and the signature of the head of the HR department).

The regulation is drawn up in two copies, one copy is kept in the personnel department, and the other is kept by the head of the organization for control (I would like to note, in the case of drawing up the Regulation on another service, for example, accounting, the Regulation on accounting is also drawn up in two copies: one is stored directly in accounting, another - in the personnel department or with the head of the organization).

6.2. Internal labor regulations (Appendix 16)

Discipline of work- compulsory for employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, announcements, labor contracts, local regulations of the organization.

The employer is obliged, in accordance with the Labor Code of the Russian Federation, laws, other normative legal acts containing labor rights, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

Internal labor regulations (hereinafter referred to as the Rules) are a local regulatory act of the employer that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for admitting and dismissing employees, basic rights, obligations and responsibilities of the parties to an employment contract, work schedule, rest time measures applied to employees incentives and penalties, as well as other issues of regulation of labor relations.

Some employers neglect the drafting of the Rules, since they are supposedly not a duty. It's a delusion. Article 189 of the Labor Code of the Russian Federation clearly states that the work schedule is determined by the rules of the internal work schedule. Hence, it is worth paying close attention to these Rules.

The legislation does not impose clear requirements for the content of the Rules, therefore, as a rule, personnel officers and lawyers are engaged in their development independently, taking into account the specifics and peculiarities of the employer. When drawing up the Rules, it is necessary to use section 8 of the Labor Code of the Russian Federation "Labor schedule, labor discipline". Also, the State Committee for Labor of the Russian Federation has developed Standard Internal Labor Regulations for workers and employees of enterprises, institutions and organizations. The developed Rules can be used only as a basis, since they were created more than 20 years ago and some of the rules of these Rules are already outdated and have lost their relevance.

Internal labor regulations are part of the organizational and administrative documentation, and they are subject to the requirements for paperwork established by GOST R.6.30-2003.

First of all, as I have already noted, it is necessary in the Rules to reflect the specifics of your organization. For example, if there are employees with irregular working hours, this must be necessarily reflected in the Rules.

1. General Provisions... This section provides a general description and purpose of the Rules;

2) the procedure for the admission and dismissal of employees. Here they indicate what documents are required when hiring, and also characterize the procedure for hiring and dismissing employees;

3) the basic rights and obligations of the employer. Here it is possible to duplicate Art. 22 of the Labor Code of the Russian Federation;

4) the basic rights and obligations of employees. You can also duplicate the norms of the Labor Code of the Russian Federation - Art. 21;

5) working hours and rest hours.

This section includes:

a) the time of the beginning and end of the working day (shift), the length of the working day (shift) and the working week, the number of shifts per day (based on Article 100 of the Labor Code of the Russian Federation);

b) the time of the lunch break and its duration (on the basis of Article 108 of the Labor Code of the Russian Federation);

c) special breaks for certain categories of workers (for example, loaders, janitors, builders working in the open air during the cold season), as well as a list of works on which they are employed (based on Article 109 of the Labor Code of the Russian Federation);

d) a list of positions of employees with irregular working hours, if any in the organization (on the basis of Article 101 of the Labor Code of the Russian Federation);

e) days off (on the basis of Art. 111 of the Labor Code of the Russian Federation) - if the organization works on a five-day working week, then in the rules of the VTR it is necessary to stipulate which day except Sunday will be a day off;

f) the duration and grounds for granting additional annual paid vacations (based on Article 116 of the Labor Code of the Russian Federation);

g) the place and timing of the payment of wages (on the basis of Art. 136 of the Labor Code of the Russian Federation);

6) rewards for success in work. The types of incentives are indicated here and in what order they are announced;

7) responsibility for violation of labor discipline. This section describes the procedure for imposing and removing disciplinary sanctions, the types of penalties and specific violations of labor discipline that may entail punishment.

After the internal labor regulations are developed, they are agreed with the representative body of workers and approved by the employer.

Employees are introduced to the rules on receipt when hiring.

The rules must be available for reading at any time. To do this, they are posted in a conspicuous place, for example, on a notice board or in the HR department.

6.3. Regulation on the protection of personal data (Appendix 1)

Earlier, we have already considered that there is personal data of the employee, so we will only turn to the registration Employee data protection regulations(hereinafter referred to as the Regulation). This Regulation is recognized to protect and regulate the mechanism for receiving, processing, transferring and protecting this type of confidential information, and also enshrines the rights and obligations of employees and the employer, determines the measures of their responsibility.

When developing the Regulation, it is necessary to be guided by Chapter 14 of the Labor Code of the Russian Federation "Protection of employee personal data".

The regulation is developed by employees of the personnel service, then approved by the employer and stored in personnel.

The regulation may have the following structure:

1)general provisions... This section describes the characteristics of personal data. The content of the employee's personal file is revealed, which documents constitute a personal file;

2)obtaining personal data of an employee... This section regulates the methods of obtaining personal data of the employee;

3)formation and management of personal files... The section provides the rules for the formation and maintenance of personal files, as well as a description of the components of the employee's personal file;

4)the rights and obligations of the employee in the field of protection of his personal data... In accordance with Art. 89 of the Labor Code of the Russian Federation discloses the rights of an employee in the area under consideration;

5)accounting, storage, transfer of employee personal data... This section records the methods of recording, storing and transferring the employee's personal data;

6)responsibility... This section provides for the types of liability for violation of the rules for recording, maintaining and storing personal data of an employee.

Article 90 of the Labor Code of the Russian Federation provides for liability for violation of the rules governing the receipt, processing and protection of employee personal data. The offender can be subject to disciplinary, administrative, civil and criminal liability.

Article 137 of the Criminal Code of the Russian Federation provides for the punishment for the illegal collection or dissemination of information about the private life of a person constituting his personal and family secret, without his consent, or the dissemination of this information in a public speech, a publicly displayed work or the media in the form of a fine of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months, or compulsory labor for a period of 120 to 180 hours, or correctional labor for a period of up to one year, or arrest for a period of up to four months. The same acts committed by a person using his official position are punishable by a fine in the amount of 100 thousand to 300 thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions, or engage in certain activities for a period of two to five years, or arrest for a period of four to six months.

Criminal liability is threatened if these actions were committed intentionally, out of selfish or other personal interest and entailed a violation of the legal rights and freedoms of citizens.

In relation to the personnel officer, the employer has the right to apply one of the disciplinary sanctions provided for in Art. 192 of the Labor Code of the Russian Federation: remark, reprimand, dismissal. There is a special ground for termination of an employment contract on the initiative of the employer in the event of disclosure of a secret protected by law, which has become known to the employee in connection with the performance of his labor duties (sub. "C" clause 6 of article 81 of the Labor Code of the Russian Federation).

Only those personnel service employees who have undertaken to comply with the rules for working with personal data, that is, this condition was included in their employment contract, they were familiarized with local regulations on the protection of this confidential information, can be brought to disciplinary responsibility , and the employer has created all the necessary conditions for work. If such preparatory work has not been carried out, then the specialist who is entrusted with working with personal data will not be held liable.

Violation of the rules for working with personal data may entail administrative liability of the employer or his representatives. Article 13.11 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a warning or a fine on the employer in the amount of five to ten minimum wages for violation of the established procedure for collecting, storing, using or disseminating information about citizens (personal data). Due to the fact that personal data is one of the types of secrets protected by law, the protection of its confidentiality is also provided for by Art. 13.14 of the Administrative Code of the Russian Federation. If a person who has gained access to such information in connection with the performance of official or professional duties disclosed information constituting personal data, then the administrative fine for him will be from 40 to 50 minimum wages.

The employer or his representatives may be brought to administrative responsibility by the Federal Labor Inspectorate or the court.

6.4. Regulations on confidential information (commercial secrets)

The list of information containing the commercial secret of the organization is determined by the head of the organization, developed and drawn up by the legal service together with the security service and the personnel department. This internal normative act of the enterprise, as well as the Regulation on the official, commercial secrets of the organization, must be approved by the head of the enterprise. The employee gets acquainted with them against receipt on the first copy of these documents, indicating the date of acquaintance.

According to Art. 5 of the Federal Law of July 29, 2004 No. 98-FZ "On Commercial Secrets", the commercial secret regime cannot be established by persons engaged in entrepreneurial activity in relation to the following information:

3) on the composition of the property of a state or municipal unitary enterprise, state institution and on their use of the funds of the respective budgets;

4) on environmental pollution, the state of fire safety, sanitary-epidemiological and radiation conditions, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole;

5) on the number, on the composition of employees, on the remuneration system, on working conditions, including labor protection, on the indicators of industrial injuries and occupational morbidity, and on the availability of vacancies;

6) on the debt of employers for the payment of wages and other social benefits;

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;

8) on the conditions of tenders or auctions for the privatization of objects of state or municipal property;

9) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of free labor of citizens in the activities of a non-profit organization;

10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;

11) the obligatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

In our organization, relations on nondisclosure of commercial secrets are formalized in the following way.

By order of the head of the organization, an order was issued to ensure the safety of commercial secrets, which lists information constituting a commercial secret of our organization (Appendix 17).

After the order was issued, the HR department developed an agreement supplementing the employment contract on admission to trade secrets (Appendix 17), in which the employee assumes obligations to OOO Confin to not disclose information entrusted to him, constituting a trade secret. Also, this agreement provides for the conditions for the termination of the labor relations of the parties.

It should be clarified that with employees who, by the nature of their activity, may have access to trade secrets, an employment contract is concluded only after the corresponding form of admission is drawn up, which is an annex to the employment contract.

6.5. Staffing table (Appendix 18)

The staffing table summarizes information on the number of employees and wages (it is allowed not to put down the wages in the staffing table, but to indicate in the order approving the staffing table that the wages are determined by the employment contract of employees). Based on the data of this document, personnel officers select the necessary workers.

The legislation does not establish the presence of a staffing table in the organization, but in the decree on forms such a form is available and is recommended for use.

The staffing table is implemented for each production year. It contains a list of structural divisions, positions, information on the number of staff units, official salaries, allowances and monthly wages. This document determines the place of structural divisions in the life of the organization, the order of subordination of officials, fixes the number of staff units for each of the positions. It allows you to plan staffing needs, optimize staff, and determine the level of competence of structural units and officials. Procedures such as expansion or reduction of staff, transfer of employees, begin with a study of the staffing table, and, if necessary, with the introduction of appropriate changes to it. The staffing table also fixes the monthly payroll and its distribution among employees.

Staffing table - the document is impersonal. This means that it does not indicate specific employees, but the number of positions in the organization and salaries for them.

The structure and staffing of the organization are developed by the personnel department of the organization together with the chief accountant.

The head of the personnel department and the chief accountant sign the staff and then approve it with the head of the organization, this signature is stamped with the organization's seal. The staffing table is approved by the order of the head (Appendix 18).

During the year, it becomes necessary to make changes to the staffing table. These changes are associated with the emergence of new structural divisions, the elimination of existing ones, the introduction of new posts and staff units or their reduction. For this, it is absolutely not necessary to reissue the staffing table, it is enough to issue an order from the employer on the changes made to the staffing table.

The staffing table is drawn up in the T-3 form in accordance with the Resolution of the State Statistics Committee on forms.

When filling column 4 the number of staff positions for the relevant positions (professions), for which the maintenance of an incomplete staff unit is provided, taking into account the specifics of part-time work in accordance with the current legislation of the Russian Federation, is indicated in appropriate shares, for example, 0.25; 0.5; 0.75, etc.

IN column 5 "Tariff rate (salary), etc." the monthly salary is indicated in ruble terms at the wage rate (salary), wage scale, percentage of revenue, share or percentage of profit, labor force participation rate (KTU), distribution ratio and other things depending on the wage system adopted in the organization in accordance with with the current legislation of the Russian Federation, collective agreements, labor contracts, agreements and local regulations of the organization.

Columns 6-8 "Allowances" show incentive and compensation payments (bonuses, allowances, additional payments, incentive payments) established by the current legislation of the Russian Federation (for example, northern allowances, allowances for an academic degree, etc.), as well as those introduced at the discretion of the organization ( for example, related to the regime or working conditions).

If the organization cannot fill in columns 5-9 in ruble terms due to the use of other remuneration systems in accordance with the current legislation of the Russian Federation (tariff-free, mixed, etc.), these columns are filled in in the appropriate units of measurement (for example, in percentages, coefficients, etc.). )

It is allowed to adapt the staffing table for your organization by adding or reducing the number of columns.

6.7. Time sheet

The timesheet is used to record the time actually worked and (or) not worked by each employee of the organization, to monitor compliance by employees with the established working hours, to obtain data on hours worked, to calculate wages, and also to compile statistical reports on labor. In case of separate accounting of working hours and payment of wages with personnel, it is allowed to use section 1. "Accounting of working hours" of the timesheet in form No. T-12 as an independent document without filling out section 2. "Payroll with personnel". Form No. T-13 is used to record working hours.

They are drawn up in one copy by an authorized person, signed by the head of a structural unit, an employee of the personnel service, and transferred to the accounting department.

Notes in the Table of the reasons for non-attendance at work, part-time work or outside the normal working hours at the initiative of the employee or employer, reduced working hours, etc. are made on the basis of properly drawn up documents (certificate of incapacity for work, certificate of completion state or public duties, a written warning of a simple, a statement of a combination of jobs, a written consent of the employee to work overtime in cases established by law, etc.).

To reflect the daily costs of working time per month for each employee, the timesheet is allocated:

1) in the form No. T-12 (columns 4,6) - two lines;

2) in the form No. T-13 (column 4) - four lines (two for each half of the month) and the corresponding number of columns (15, 16).

In forms No. T-12 and No. T-13 (in columns 4, 6), the upper line is used to mark the symbols (codes) of the costs of working time, and the lower line is used to record the duration of the worked or unworked time (in hours, minutes) according to the corresponding working time codes for each date. If necessary, it is allowed to increase the number of columns for adding additional details for the working hours, for example, the start and end times of work in conditions other than normal.

When filling out columns 5 and 7 of the timesheet according to form No. T-12, the number of days worked is put down in the upper lines, and the number of hours worked by each employee during the accounting period in the lower lines.

The costs of working time are taken into account in the Report Card either by the method of complete registration of attendance and absenteeism for work, or by registering only deviations (absenteeism, late arrivals, overtime, etc.). When reflecting absenteeism for work, which is recorded in days (vacation, days of temporary disability, business trips, leave in connection with training, the time for performing state or public duties, etc.), only codes are entered in the report card in the top line in the columns symbols, and in the bottom line the columns remain empty.

When compiling a timesheet according to form No. T-12 in section 2, columns 18-22 are filled in for one type of payment and the corresponding account for all employees, and columns 18–34 are filled in when calculating different types of payment and corresponding accounts for each employee.

Form No. T-13 "Timesheet" is used for automated processing of credentials. When drawing up a timesheet according to the form No. T-13:

1) when recording credentials for calculating wages for only one type of payment and a corresponding account common to all employees included in, Report card the requisites "type of payment code", "correspondent account" are filled in above the table with columns 7-9 and column 9 without filling in columns 7, 8;

2) when recording credentials for calculating wages for several (from two to four) types of payment and corresponding accounts, columns 7-9 are filled in. An additional block with identical column numbers is provided for filling in data by type of payment, if their number exceeds four.

Timesheet forms in the form No. T-13 with partially filled details can be made using computer technology. Such details include: structural unit, last name, first name, patronymic, position (specialty, profession), personnel number, etc. - that is, the data contained in the reference books of the organization's conditionally permanent information. In this case, the form of the timesheet is changed in accordance with the accepted technology for processing credentials.

Symbols of worked and unworked time, presented on the title page of form No. T-12, are also used when filling out the timesheet in form No. T-13.

A commercial secret is a mode of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits. The regime of a commercial secret is established by its owners, that is, by persons engaged in entrepreneurial activity (legal entities and individual entrepreneurs)

Relations related to the establishment, change and termination of the commercial secret regime are governed by the provisions of the Federal Law of July 29, 2004 No. 98-FZ "On Commercial Secrets" (hereinafter - Law No. 98-FZ).

trade secret- this is a mode of confidentiality of information, which allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market of goods, works, services or receive other commercial benefits. The regime of a commercial secret is established by its owners, that is, by persons engaged in entrepreneurial activity (legal entities and individual entrepreneurs).

One of the mandatory measures to protect data confidentiality is the development and approval of the List of Information, which determines what information the employer will protect by all legal means available to him.

At the same time, information constituting a commercial secret, in accordance with paragraph 2 of Art. 3 of Law No. 98-FZ, an entrepreneur has the right to include information of any nature (production, technical, economic, organizational and others), including on the results of intellectual activity in the scientific and technical sphere, as well as information on the methods of carrying out professional activities that have valid or potential commercial value due to the fact that they are unknown to third parties, to which third parties do not have free access on a legal basis and in respect of which the owner of such information has introduced a commercial secret regime.

Attention:

Trade secrets are protected by law, regardless of the type of medium on which they are recorded.

Well, since we are talking about "information of any nature", it turns out that the staffing table can be safely attributed to documents containing commercial secrets ...

But it was not there! As always, there are exceptions to the general rule. In particular, Article 5 of Law No. 98-FZ lists information that cannot constitute a commercial secret. This means that the employer does not have the right to establish a confidentiality regime in relation to them, including cannot include them in the List of information constituting a commercial secret.

So, the data is not a trade secret:

contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers;
contained in documents giving the right to carry out entrepreneurial activity;
on the composition of the property of a state or municipal unitary enterprise, state institution and on their use of the funds of the respective budgets;
on environmental pollution, the state of fire safety, sanitary-epidemiological and radiation conditions, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole;
on the number, on the composition of employees, on the remuneration system, on working conditions, including labor protection, on the indicators of industrial injuries and occupational morbidity, on the availability of vacant jobs;
on employers' arrears in payment of wages and other social benefits;
on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;
on the conditions of tenders or auctions for the privatization of state or municipal property;
on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, the number and remuneration of their employees, on the use of free labor of citizens in the activities of a non-profit organization;
on the list of persons entitled to act without a power of attorney on behalf of a legal entity;
the obligatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

As you can see, in paragraph 5 of Art. 5 of Law No. 98-FZ explicitly states that the regime of commercial secrets cannot be established by persons engaged in entrepreneurial activity in relation to information on the number, composition of employees, the remuneration system, on working conditions, including labor protection, indicators industrial injuries and occupational morbidity, the availability of vacant jobs.

Consequently, there is no need to talk about trade secrets in relation to the staffing table - a document containing information on the number, composition of employees and the system of remuneration.

The courts take the same view.

EXAMPLE

The regional court upheld the decision of the district court, which in favor of S., dismissed under paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, compensation was recovered under Art. 279 of the Labor Code of the Russian Federation. Since the amount of compensation was not agreed upon by the parties when concluding the employment contract, the court determined it in the amount established by law. At the same time, the court indicated, in particular, that S.'s actions to disseminate information contained in the Company's staffing table could not be qualified as guilty disclosure of commercial secrets, since, by virtue of the provisions of Art. 57 of the Labor Code of the Russian Federation, art. 4, paragraph 5 of Art. 5, part 1 of Art. 10 of Law No. 98-FZ, the content of the staffing table cannot refer to information constituting a commercial secret.

Conclusion that the staffing by virtue of the direct instructions of paragraph 5 of Art. 5 of Law No. 98-FZ does not apply to documents containing commercial secrets, and is reflected in other court decisions (see, for example, the resolution of the Federal Antimonopoly Service of the North-Western District of July 25, 2005 in case No. A13-2375 / 2004-24, ruling of the Supreme Court of the Komi Republic dated 26.04.2012 No. 33-1453 / 2012).

All this allows us to say that the information provided for by the staffing table is not secret by virtue of the law. Therefore, the staffing table cannot be included by legal entities and individual entrepreneurs in the List of documents containing commercial secrets.