The difference between the order and the order in the labor law

What is the difference between an order and an order? Labor law is a very broad and complex sphere. To understand even the basic terms and definitions here is not so simple. This article will tell you all about such important categories as order and order.

Basic concepts

Today, the labor law needs to be known not only for the employer, but also for the employee. This is indeed a very important, necessary and useful sphere, without which any official labor activity would not have cost. Particular importance in the labor law is the elements of management. Management is everywhere, in every large or small enterprise. A leader is a person who carries out managerial activities, which is obliged to hand out various instructions to employees. In this case, all of them are classified according to some criteria. However, the main types of instructions are orders and orders. Many managers here may have problems. In many ways, this is due to the fact that they do not quite understand what the difference between an order and an order is. It is with this and we have to understand further.

Order: General characteristic

Before telling about the main differences between the presented concepts, it would be first worthwhile to present a general description of each of the terms. It starts with an order. What is he like?

According to the Labor Code of the Russian Federation, the order is a certain legal act created by the head of an organization alone. The order is a way to solve the basic working tasks, to provide workers with work. In this case, this form of the decree applies to all subordinates (and this is especially important to note). The order can be issued both in written form and verbally.

If we talk about government agencies, then here the order is the nature of a legal act. It is issued directly by the head of state administration. Here, there is another form of decree - the order. It differs from the order except in that it is used only in military units on behalf of the commander.

Order: General characteristic

Now it is worth to find out what the order is. This is a certain kind of instruction, bearing the nature of a legal act that is issued by the immediate head of the organization or by representatives of structural divisions. The order is designed to solve the main problems and operational issues of the organization. At the same time, the order may also include the nature of the order, or rather, instructions on how to deliver the order to the right persons. The order can be distributed to all, and only to some employees.

The form of instruction in question can be both oral and written. At the same time, most often managers of different firms prefer to give just verbal orders.

In state structures, the order may be a legal act with a limited duration. At the same time, only a narrow circle of persons can be referred to the instruction.

Differences in small organizations

It is worthwhile, finally, to pass to the most important question of whether there is at least some difference between the order and the order. Naturally, there is. This could be guessed at the stage of characterization of each of these concepts.

In the interpretation of labor law (the Labor Code), several basic principles and approaches are distinguished, according to which one can try to oppose the two concepts presented, and also give them a small comparative description. At the same time, it should be noted that the difference between the concepts depends only on one or another enterprise. So, in small organizations, at least some difference between the order and the order is practically absent. It is worth, perhaps, to note the fact that orders in small firms are considered as an indication of improvement of organizational activities, and the order is an order for operational and methodological issues.

Thus, the difference between an order and an order in an enterprise having a small size is not essential.

Differences in medium and large organizations

The approach in large and medium organizations has been significantly changed. So, unlike small enterprises, where only the head and deputy head can sign instructions, medium and large organizations give the right to signatures to representatives of structural organizations. It works as follows: the chief executive issues orders for the entire activity of the firm (they are in fact the guides in the entire work of the organization); The heads of the same structural organizations try to issue various orders within their competence, but in accordance with the main order of the chief executive. In this case, the effect of orders issued by the heads of departments, applies only to employees of a certain structure.

The difference between the order and the order in a budgetary institution, medium or large in size, is about the same. It is worthwhile, however, to identify the main subspecies of the presented indications:

• On staff;
• On economic and administrative activities;
• On the main activity.

Difference in content

The main difference between the order and the order was indicated above. In labor law, however, some other points are highlighted (and not just an indication of the functions of the leadership). What exactly is it about?

It's about content. Thus, the text of any order must consist of two parts: a statement and an order. The first part contains the main facts, goals, events and tasks. The second part contains the terms of execution and a number of specific actions. The text of the order does not need to be standardized. Moreover, this does not necessarily have to be text (the order can be verbal).

Thus, the question of what is the main difference between an order from an order (a leader, a representative of the structural department, deputies, etc.) is very extensive and informative.

The difference in the range of issues to be solved

It is necessary to single out one more important difference between the order and the order. It is a question of a circle of solved questions or about problems. The fact is that the content aspects of the two types of instructions presented are very different. So, the order consists of two main parts: a statement and an order. The constituent part of the document includes all sorts of events, facts, tasks and goals. The administrative part in a special way reveals all these elements, and also contains a direct indication.

Quite different is the situation with the order. It can both be worn and not be of an administrative nature.

What is the substantial difference between an order and an order? In the Ministry of Internal Affairs and some other structures, for example, there is the following system:

• The duration of the orders is short, and the order has a long one;
• The order can be terminated only after its execution, and orders - after its cancellation;
• To make changes to the order the entire document will have to be reissued, in the case with the order it is not required, any modification or correction can be made right along the way;
• The range of issues in the order is limited to operational information, and at the disposal of legal relations.

Regulations

Another important question that would be worth mentioning is the document circulation for each of the instructions given. By the way, at least some difference between the order and the instructions of the administrative type can not be found here. So, the employer, wishing to find the definitions of the concepts under consideration, can find them in the Federal Antimonopoly Service - the Federal Archive Service. Strangely enough, in this collection the presented concepts are treated as synonyms. This is most likely connected with the absence of differences between them in the legal field.

Why all this? The fact is that the normative documents practically do not fix at least some difference between the order and the order. That is why it is necessary to pay attention first of all to the practical component.