6 documents, which will save or bankrupt your business
His Work / / December 26, 2019
Anatoly Zemcov
Center co-founder of digital forensics and law DFCenter.
As much as we wanted to get rid of the bureaucracy, even the most creative company is forced to delve into the paper. And very often the documentation, there are "holes" that can lead to a loss of wealth or leakage of critical information, reduce the quality of customer service and to problems in the relationship between colleagues.
1. Employment contract
In practice, there are so watery documents that they can be replaced easily wipes. Blurred responsibilities, positions, and therefore, the responsibility of bad for the company's reliability.
The authorities can charge anything, but the quality of performance criteria are unclear. Who is responsible for what and who is whose head - also unclear, because all positions in the contract are the same. As a result, the order of "informal" and not necessarily perform the chief. dismiss parasites, too easy: the Labor Code prohibits Resolution of the Plenum of the Supreme Court of 17.03.2004 number 2 (ed. from 24.11.2015) "On application by the courts of the Russian Federation Labor Code of the Russian Federation" say goodbye to the negligent employees without disciplinary action and even fineWhether the employer has the right to penalize an employee? them.
To avoid misunderstanding in the team, list the position in the employment contract hired employee. Army "programmers" and "managers" we already have seen - do not be so. Fill in a specific position: "Public Relations Specialist", "heavy duty systems developer," and so on. The company needed staffing, administrative and organizational structure.
The employment contract is also worth pointing out: "An employee directly subordinate to something." For example, the technical director. If this line manager or, say, Project Manager, then "carries out general management of such a project" (or "group of employees").
2. Job description
You learn from mistakes already made Mighty employment contract. However, a job title is not enough to indicate the area of responsibility. To help companies - job description for details, making each employee. Programmer not just "developing a program", and performs tasks in the process of site-specific: for example, front-end, back-end or full stack. The same goes for an accountant, office manager, consultants, lawyers and others.
If the job description is not, and the contract is mentioned only "programming" or "sale" that we get the following: write code - job responsibilities, but to support it, for example, in a year - not. Sell - duty, and make entries of CRM - not.
3. Internal regulations
If you are not happy with the order, how many employees come to work, how they dress and where to eat, do not rush to make demands and to make comments. Penalties for late or too frequent smoke breaks during work hours is illegal if the company has no clear rules.
All requirements for employees should be prescribed in the rules of internal labor regulations (PVTR). They include all the activities related to the duties of an employee during working hours, and do not violate the fundamental rights and freedoms of the citizen. Only starting from this document, you can celebrate the late, smoking in the wrong place or the use of profanity.
4. Agreement on confidentiality (NDA)
Fashionable paper from the practice of large foreign companies is the sense of reliability only one name. It seems that after the signature of an employee of two sheets of text all the secrets of the organization are protected.
Here are only mentioned in the NDA fines do not work and no refund "proven damages" will not be, if the company is located in Russia.
Russian entrepreneurs often do not realize that without regimeThe introduction of a trade secret - step by step guide trade secrets, this document - no more than a simple piece of paper. The introduction of such a regime should take place in accordance with the relevant lawFederal Law of July 29, 2004 № 98-FZ "On Commercial Secrets"And pull it under the force of a lawyer.
5. service job
Plucked deadlines, customer dissatisfaction, Sudden bugs - important problems are often solved in a hurry and without formal instruction. Of course, the reward will find the hero, and the wages - the guilty and without unnecessary formalities. However, if the task is not entrusted formally, and the work is done "on their own initiative," to whom it belongs to DO?
For example, in the company of probation student. At night, a hard worker stays in the office to finish the coursework on your laptop. Is the result of his efforts is now the property of the company? Of course, it is unlikely the organization will defend the right of this text, even if it is very good. But what if the trainee did not directional, and layout, which later won the top prize at the exhibition, and became a top product of the company? Without formal job assignment and acceptance of the right of the layout made by an act belongThe Civil Code of the Russian Federation (Part Four) on 18.12.2006 number 230-FZ (ed. from 07.18.2019) its author. Perhaps he wants to leave the project itself, create startup and earn your first million.
To avoid such situations, never neglect these documents.
6. Contract of liability
In an ideal bouncer for the employee-company every purchase from an online store is not framed by the appropriate document. It is unclear what would happen if you pour tea issued laptop or pick it up yourself. Documents on a computer, no, he is not listed on the balance sheet. The fact that the employee issued a brand new device and serviceable, not mentioned in any paper signed. The employment contract about responsibility for the transferred material values also did not.
Labor Code claimsThe Labor Code of the Russian Federation from 30.12.2001 number 197-FZ (ed. from 12.11.2019)The default for damages employee bears material responsibility within their average monthly earnings. Issued MacBook Pro 15 200 000 designer official salary 50 000 - do not wait for full compensation for the broken equipment.
The situation can be much more pitiable if it is not about negligence and fraud. In my experience was an example of when to test and presentation of the application startup acquired several smartphones and Apple tablet on grant money. Then, no one thought it strange that the developers decided to spend the money on the device in the maximum configuration.
At the end of the year, at the next visit of auditors of the Fund, it all fell into place. Gadgets were in place, but some smart phones did not meet on the amount of memory that have been specified in the overhead. Serial numbers are also different. After all the trials referred to in the documents of the device miraculously found. In other words, startups acquired abruptly model, but then "mixed up" with their personal, easier. Then everything was blamed on distraction, but I doubt that smartphones would be returned without investigation and invoices with serial numbers.
To protect themselves from employees with a "crazy hands", sign an agreement on liability. Note that the employee is required to pay damages in full only in the specified in the lawThe Labor Code of the Russian Federation from 30.12.2001 number 197-FZ (ed. from 12.11.2019) cases. For example, if the damage inflicted deliberately or in a state alcoholic or drugs.
see also🧐
- What you need to know about probation, to defend their rights
- What are the rights of pregnant women at work
- Why the employee an employment contract and that it should be