Wooden houses / 06.06.2021

Ways to give legal force to various types of copies. Conditions for giving legal force to documents prepared using the "elections" gas. Features of registration and giving legal force to notifications

In organizations, as part of the production process, employees conduct internal correspondence with each other. They write statements, inform each other with notifications about the progress of the work done or about how it should be done. Often such documents are of high importance and therefore must have legal force.

To give the document legal force, the following rules must be observed:

the employer, when creating an internal correspondence document, must adhere to the current legislative norms;

an employee can issue a document only within his competence;

the employer is obliged to comply with the rules for the preparation and execution of documents, as well as familiarization of employees with it (if necessary).

Requisites that give the document legal force

The mandatory composition of the details that gives the created documents legal force:

1. The author of the document (name of the organization, institution, enterprise, indicating departmental affiliation or legal form). An alternative would be to print the document on letterhead. Some documents additionally indicate the city in which this document was published.

2. Title of the document (order, regulation, etc.).

3. Date of creation of the document, its approval, entry into force.

4. Registration index (number) of this document in accordance with the registration system adopted by the company.

6. Signature of the head of the organization or a responsible person authorized by him. The signature of the head can be affixed in several forms, in particular:

6.1. Direct signature (as under orders in unified forms - indicating the position, decoding of the signature and the signature itself).

6.2. A direct stamp of approval signed by the head (or an authorized official) of this organization. The stamp of approval is affixed to the top header of the document with right side.

6.3. Indirect stamp of approval, mediated, for example, through approval by order. Such a stamp is affixed, as a rule, also on the upper heading of the document on the right side (as in the unified form T-3 - Staffing).

6.4. In the form of a manager's resolution, for example, on an employee's statement. The resolution must contain four components: the recipient of the resolution, the administrative action or instruction itself, the signature of the head and the date the resolution was issued. The resolution is affixed, as a rule, by hand in any free space of the document, but usually in its upper part.

7. Approval visas for those types of documents that without such visas will not have full legal force. For example, approval visas with the primary trade union body, taking into account the opinion of the representative body, agreement with a lawyer, with the chief accountant, etc. Documents that require approval are determined by the requirements of current legislation, unified forms and internal local regulations of the organization itself, in particular, instructions for office work or regulations for departments, etc. (if any). The approval visa can be in the following forms:

7.1. An indication of the document that confirms the approval (unified form T-7). The stamp of approval is affixed, as a rule, in the lower part of the design on the left side.

7.2. Indication of the wording confirming the agreement, position of the person or persons with whom the agreement was made, signature / signatures, their transcripts and dates of agreement. The approval visa is affixed, as a rule, at the bottom of the formalizing part of the document or in any free space.

8. Familiarization visas must be under all personnel orders and other documents, which in essence must be conveyed to a certain circle of employees. This requisite also includes the handwritten date of familiarization by employees under the signed document. The familiarization visa is affixed at the bottom of the document in the center or on the left side.

The unified forms developed by the State Statistics Committee are built taking into account giving documents legal force and contain all the specified details (although there are exceptions, for example, an employee’s personal card - the unified form T-2 does not contain a registration number, since these documents are not stored chronologically, but alphabetically).

An example of all the specified details on a unified form is given below using the unified form T-6 as an example - an order for vacation.

Giving legal force to documents of internal correspondence

Internal correspondence in the organization solves the following tasks:

1. Expresses and documents in writing the opinion, request, proposal of one of the parties, the employer or employee, or is in the nature of informing the other party.

2. It is an integral link in the procedure for terminating an employment contract, transferring employees, registering leave and other personnel procedures.

3. Serves as necessary documentary evidence when considering a labor dispute.

In order for internal correspondence to perform all of the above tasks, the following conditions must be met:

1. The document must be correctly executed, with all the necessary details for it.

2. The document must have a registration number according to the register of incoming and outgoing documentation.

3. This document must be officially answered by the receiving party. For example, in the form of a resolution.

4. The document must be stored taking into account the established archival requirements.

Most often, the employee conducts internal correspondence with the help of statements, official and memos, and the employer - in the form of notifications. Documents of internal correspondence are drawn up not only if it is necessary to exchange official messages between employees, but also between heads of departments and employees, heads of one department and others, etc.

Currently most of this correspondence is carried out in in electronic format, by messaging by email . With such reports, it is extremely difficult to prove that this electronic document was created by this particular employee (even when setting passwords, you will have to prove that no one except this particular employee knew the password for accessing a particular e-mail). Therefore, in the event of a conflict or possible conflict, it is recommended to draw up documents in paper form, certifying with your signature, and register through an official in the company responsible for registering the document.

It is possible to give such correspondence legal force if the employee prints out the electronic messages and the official registers them. Besides internal documents the company (internal local regulations) needs to fix just such a way of exchanging information as a working mechanism of communication, as well as the frequency of checking messages.

Consider general principles giving legal force to documents of internal correspondence - statements and notifications. These documents are often the main evidence in labor disputes, so competent work with them is extremely important to protect the interests of the employer.

Features of registration and giving legal force to statements

It is in the interests of the employer that the personal statements of employees be completed by hand. Typically, organizations use template forms in which at least the signature of the employee and the date the application was signed must be filled in by hand. Often such execution of statements is interpreted in a judicial conflict as a fact of pressure on the employee.

In principle, the application can also be created automatically, but, nevertheless, after that it is printed out and signed by the person who draws up this application.

It is desirable that in the application, taking into account the above procedure for giving legal force to documents, the following details should be included:

1. The title of the document is "Application".

2. Addressee - to whom the application is sent, indicating the position in a particular organization, full name. official.

3. Compiler - from whom it is sent, indicating the position and full name. worker.

4. Text of the statement.

5. Signature of the originator of the application.

6. Date of the application.

7. Signatures of approval (most often with the head of the structural unit - if necessary). This prop is optional. Therefore, its presence is determined by the principles of working with such documents in a particular organization.

8. Application registration number. The number is assigned to the document according to the journal of incoming documentation (or another journal, depending on the construction of the registration system in a particular organization), indicating the number, date of acceptance of the document and the signature of the responsible person (for example, secretary). The person responsible for receiving these documents puts down the number.

9. Resolution of the person to whom the application was addressed or who is authorized to resolve a specific issue. The resolution must contain a handwritten signature, the date and an administrative decision on the issue of the application indicating the specific official (his last name or simply the department) to whom this order is sent and (if necessary) the date by which the order specified in the resolution must be fulfilled.

10. After personnel procedures are carried out on the basis of this application, marks can be made on it on the execution of the order of the head (see Example 8). They are affixed, as a rule, at the bottom of the design part of the document on the left or in any free space.

11. There may be marks of the number of the case to which this application is sent.

Here is an example of an application with all the necessary details in it.

Features of registration and giving legal force to notifications

The employer writes notices in order to inform the employee about something. For example, to warn him about the proposed reduction in staff (Article 180 of the Labor Code of the Russian Federation), about the upcoming regular annual leave, according to the company's vacation schedule (Article 123 of the Labor Code of the Russian Federation), about the upcoming change in the terms of the employment contract (Article 74 of the Labor Code of the Russian Federation), about the fact that a fixed-term employment contract with an employee is being reduced (Article 79 of the Labor Code of the Russian Federation), etc.

Formal notices to comply with the procedure provided for by labor legislation must be drawn up only in paper form, since these documents will be confirmation of compliance with the established procedure, and the employee confirms the receipt of this notice, as a rule, on the document itself.

Below are extracts from the Labor Code, confirming the requirement of a written form of notification in some cases of compliance with the requirements of labor legislation.

Document Fragment

Labor Code of the Russian Federation

Article 74

(...) The employer is obliged to notify the employee of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. writing not later than two months, unless otherwise provided by this Code.

If the employee does not agree to work in the new conditions, the employer is obliged to writing to offer him another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to the expiration of its validity period at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.

Article 123

The order of granting paid vacations is determined annually in accordance with the vacation schedule (...).

The employee must be notified of the start time of the vacation. under painting no later than two weeks prior to its commencement.

Article 180

(...) Employees are warned by the employer personally and under painting at least two months prior to termination.

In all these cases, the employer will need to confirm the fact of notifying the employee for a certain period of time, which meets the requirements of labor legislation. Therefore, such notices are given to the employee under a personal signature. And the most important thing when delivering a notification is not so much the signing by the employee, but the indication of the date of receipt of such a notification.

The notification has all the same details that should be on any personnel document.

Document registration system for internal correspondence

It will be easier for the employer to defend himself in the event of a labor conflict (including a judicial one) if the organization has a competently built document registration system. The system of registration in the company is necessary for:

recording the availability of documents and tracking their movement;

giving legal effect to company documents;

optimal organization of internal document flow at the enterprise;

protecting the interests of the employer in the event of a judicial conflict. In this case, the journal registration system will confirm the fact that the document was created on a certain date.

The number of journals (books of accounting) that must be kept directly depends on the characteristics of the organization's activities. In order for accounting journals (books) to perform not only the function of registering documents, but also to serve as evidence in the event of a conflict that the document was actually created in a certain period of time and could not be entered later, it is recommended to follow the following rules for registering these journals.

Journals must:

have a hard cover (to comply with the shelf life);

have a glue binding (to prove the impossibility or difficulty of removing a sheet or adding a sheet to an existing journal);

have numbered pages from beginning to end;

be stitched;

be stamped legal entity and the signature of the head of the organization (with the exception of the first two books of accounting of work books, which must be certified by a wax seal or seal (clause 41 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 "On work books").

The internal view of journals in which it is possible to register documents of internal correspondence is developed by the organizations themselves, since there are no unified forms of journals. Below is an example of their form.

Copies and duplicates

Often documents of internal correspondence are transferred to officials in the form of copies or duplicates, in particular, if the original document is sent to a higher official or filed into the case file, but some further actions must be taken on the document.

Copy The document can be facsimile or free. Fax copy fully reproduces the content of the document and all its external features - the details contained in the original (including the signature and seal) or part of them, the features of their location. free copy created on typewriters, contains all the details of the document, but does not necessarily repeat its form.

The employee responsible for the documents certifies the copies. Certification of copies is made by affixing the word "True" or "Copy is correct" and indicating the signature, its transcript and the date of the responsible person. As a rule, the certification note is affixed at the bottom of the formal part of the document in any free space.

If the document is submitted to other organizations, on copies of documents (extracts from them) be sure to stamp .

Duplicate - a duplicate copy of an official document that has the legal force of the original.

* * *

So, the documents of internal correspondence cannot be underestimated - often the recognition of the legality of the procedure depends on their correct execution and processing. But it is with these documents that employers most often do not know how to handle. Such papers are not registered, not taken into account, not agreed upon, which negatively affects not only the legal force of the document, but also the management procedures carried out in the company. Often because of this, the employer cannot prove the guilt of a particular employee and cannot apply legal methods of application disciplinary action or termination of the employment contract with the employee. Many companies start building a system for working with documents already on their mistakes, but it’s better to prevent Negative consequences than to deal with their result.

1 Handwritten date

2 Personal date

Keywords:

1 -1

The use of written information in management activities is possible subject to the certification of its officiality, reliability and authenticity. In order for a management document to be indisputable and mandatory for execution, it must comply with legal norms, and the official who issued it must act within his powers. These properties of the document are defined by the concept of "legal force of the document".

Legal force of the document- the property of an official document, communicated to it by the current legislation, the competence of the body that issued it and the established procedure for registration.

Thus, the governing body or official issuing the document is required to:

Comply with current regulations when preparing a document

legislation;

publish documents only within its competence;
comply with the current national rules for the preparation and execution of documents.

Therefore, the legal force of the document is determined by both the content and the form of the document.

Consider the details that determine the legal force of the document.

The previously considered details of the form (“name of the organization - the author of the document” and “place of compilation or publication of the document”) are at the same time the details that give the document the necessary legal status.

Requisite 11 "Document date". The date of the document is the date of its signing or approval, for the protocol - the date of the meeting, for the act - the date of the event. For notarized documents, the date of the document may be the date of its notarization. Documents issued by two or more organizations must have one (single) date.

The date of the document is drawn up in Arabic numerals in the following sequence: day of the month, month, year. The day of the month and the month are drawn up in two pairs of Arabic numerals, separated by a dot, the year in four Arabic numerals, for example, 01/12/2007. A verbal-numeric way of setting the date is allowed, for example, January 12, 2007, as well as setting the date (as a rule, for correspondence with foreign partners) in the following sequence: year, month, day of the month, for example: 2007.01.12.

Props 12 "Document registration number" consists of its serial number in the registered array of documents (contracts, orders, outgoing letters, etc.), which can be supplemented at the discretion of the organization with the case index by nomenclature, information about the performer, correspondent, etc. This attribute is a unique document identifier in the information enterprise array.

The registration number of a document compiled jointly by two or more organizations consists of the registration numbers of the documents of each of these organizations, separated by a slash in the order in which authors are indicated in the document.

Registration of a document, fixing the fact of its passage through this management system, gives the document official character. Simultaneously with the registration of the document, the records management service checks the correctness of the selected form, the authenticity of the signature of the official indicated in the document, the completeness of the endorsement of the document, etc.

Requisite 16 "Document approval stamp" are drawn up on documents that cannot be put into effect by the officials who signed them. Such documents acquire legal force after approval by the head of the organization, a collegial management body or a higher authority or management body.

For example, job descriptions employees of the enterprise are drawn up on a common form, they are signed by the head of the structural unit and must be approved by the head of the enterprise.

Approval can be carried out in two ways that have the same legal force: by an official or by a specially issued document.

In the first case, the approval stamp of the document must consist of the word I APPROVE (without quotes), the title of the position of the person approving the document, his signature, initials, surname and date of approval.

When a document is approved by another document: resolution, decision, order, protocol, the approval stamp consists of the word APPROVED (APPROVED, APPROVED or APPROVED), the name of the approving document in the instrumental case, its date, number. The word APPROVED agrees in gender and number with the name of the type of document being approved.

Examples of props

The stamp of approval of the document is located in the upper right corner of the document (Appendix 7).

When a document is approved by several officials, their signatures are placed at the same level.

After the approval of the document, it is not allowed to make changes and additions to it without the permission of the person who approved the document. Responsibility for the quality of preparation of documents and the reliability of the data contained in them rests with the persons who prepared, endorsed and signed the documents.

Props 22 "Document Signature"- the most important and ancient requisite of a management document. It is believed that it arose simultaneously with the emergence of writing.

For example, references to the use of a signature are found among the Babylonians in the era of King Hammurabi (c. 2300 BC), in the Bible - in the books of the prophets Daniel and Nehemiah (c. 500-400 BC). In Egypt during the reign of Cleopatra (69-30 BC) and in the Roman Empire under Julius Caesar (102 or 100-44 BC), the signature was already an integral part of documents.

The requisite "Signature" includes: the name of the position of the person who signed the document (full if the document is not issued on the organization's letterhead, and abbreviated - on the document issued on the letterhead); personal signature; signature decoding (initials, surname), for example:

Vice President of the Association

regional enterprises AL. Borisov A.A. Borisov

or on the form

Vice President AL. Borisov A.A. Borisov

The props are put down 2-3 line spacing after the text of the document. The initials and surname when deciphering the signature of an official are printed with a space and at the level of the last line of the position name.

When a document is signed by several officials, their signatures are placed one under the other in the sequence corresponding to the position held, for example:

CEO M.V. Larin M.V. Larin

Chief Accountant Z.V. Maryash Z.V. Maryash

When a document is signed by several persons of equal positions, their signatures are placed at the same level.

The documents drawn up by the commission indicate not the positions of the persons signing the document, but their duties as part of the commission, for example:

Commission Chairman V.D. Banasyukevich V.D. Banasyukevich

Commission members A.N. Sokova A.N. Sokova

O.I. Ryskov O.I. Ryskov

The document may be signed by the acting official. In this case, indicate his actual position (for example, acting director) and the transcript of his signature (initials and surname). It is not allowed to put the preposition "For", the handwritten inscription "Deputy." or a slash before the job title.

Right to sign management documents, as a rule, - the competence of the head of the organization or his deputies in accordance with the distribution of their duties. It is established by organizational (charter, regulations on the organization) and administrative (orders) documents of the organization.

In the charter of the organization it regulates what rights are vested in representative and executive (sole and collegiate) management bodies, as well as the signing (approval) of which documents falls within the competence of the relevant body. The procedure for the activities and decision-making of the head of the organization can also be established in the agreement between him and the participants (founders) of the organization, as well as in local normative documents legal entity.

The leader manages the current activities, he has unconditional right to sign documents(within its competence in accordance with the constituent documents).

The regulation of the right to sign is especially important when in large numbers documents signed on the day. In this case, the leader can (and from the position effective management- must) delegate their powers those. transfer part of their rights and obligations in decision-making (signing documents) and in the implementation of their actions to their subordinates, who also take responsibility for them.

Such a distribution of powers is formalized by the order of the head, in which he determines the boundaries of decision-making and the degree of responsibility of subordinates. Separate powers can be transferred on the basis of a power of attorney.

Electronic documents can be signed using electronic digital signature, some aspects of the application of which will be discussed in the following chapters of the manual.

Requisite 23 "Document approval stamp". Draft documents prepared in one organization and affecting the interests of another can be agreed with it by affixing the stamp of approval on the document.

It is drawn up on the last sheet of the document below and to the left of all signatures.

When coordinating a document with a higher organization, a situation may arise that an official who is higher in the management hierarchy than the head signing the document will coordinate the document. In this case, the advisory nature of the standard allows you to change the position of the requisite, and the approval stamp can be placed at the top of the document.

The approval stamp includes the word AGREED, which is printed in capital letters and without quotes.

When approving a document, an official indicates the position of the head, containing the name of the organization with which the document is being approved, his personal signature, surname, initials and date.

It is possible to agree with the help of another document: letters, minutes, etc. In this case, the name of the document, its date and number are indicated.

Examples of props

"Agreement stamp"

Props 25 "Seal impression". The history of the appearance of the seal as an element of the document, as well as the signature, has millennia. In ancient times, the use of printing was widespread both in business relations and in personal communication. Very often, the seal replaced the handwritten signature of its owner.

In modern office work, the use of a signature and a seal is clearly distinguished. The signature can be used both in interpersonal and business contacts, i.e. it is a universal means of certifying a document and giving it a legal status. The seal, as a means of verifying the authenticity of a signature and confirming legal force, is used only in official documents of an organization.

The seal is affixed to the original organizational documents (charters, regulations, rules, instructions), as well as documents certifying the rights of officials, the facts of spending money and material assets etc. The seal is also used to certify copies of official documents of the organization.

The seal should be affixed in such a way that the imprint captures part of the words of the name of the official signing the document and the beginning of the personal signature. On documents of a financial nature, the seal is affixed to a specially designated place for this - the symbol "M.P."

Seals are divided into official seals and seals of legal entities. The organization can also use simple seals of individual structural units (human resources department, archive) or for individual operations (“for packages”), etc.

The order of production and storage of seals is regulated by law Russian Federation. The place of storage of the seal and the person responsible for its storage are determined by the order of the head of the organization.

Thus, the officiality and authenticity of the document is confirmed by the presence and correct execution of the details: “name of the organization - the author of the document”, “date of registration”, “registration number”, “place of publication”, “signature”, “seal imprint”.

In accordance with legal regulations, including local legal acts, defining the powers of officials of the organization, in order to give documents legal force, in addition to the requisite "signature", approval and approval stamps can be affixed.

The main requisite of the management document - the “text of the document” must also comply with the norms of the current legislation.

Examples of registration of individual details are given using GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation requirements.