Labor legislation establishes the right of each employee to working conditions at the workplace that would comply with labor protection standards and the requirements defined by the organization in force. collective agreement. Consider what these conditions are and what rules regulate them.
Working conditions
Working conditions (let's call them below UT) in accordance with Part 2 of Art. 209 of the Labor Code of the Russian Federation are the sum of the factors of the working environment and labor process affecting the performance and health of the employee.
The employer is obliged to create safe and legally justified UT for its employees at each workplace, as well as provide reliable and reliable information about them. full information(Articles 22 and 212 of the Labor Code of the Russian Federation).
Depending on the degree of harmfulness / danger, UT are divided into four classes (Article 14 of Law N 426-FZ):
- optimal;
- allowable;
- harmful;
- dangerous.
Safe and Acceptable UT
UT of the first class are considered optimal and safe for the worker; there are no harmful/dangerous factors that adversely affect health at his workplace.
UT of the second class - permissible, that is, harmful factors are present, but affect the employee within the established norm. An employee with such UT is restored by the beginning of the next working day.
Harmful and dangerous UT
The third class includes harmful UT - when the level of exposure to harmful factors is above the permissible level.
Within the third class, four subclasses are distinguished (depending on the increasing level of exposure):
- harmful UT of the first degree: the employee does not have time to recover;
- harmful UT of the second degree: when working in such conditions for more than fifteen years, the appearance of occupational diseases mild degree severity without loss of ability to work;
- harmful UT of the third degree: when working in such conditions, the acquisition of an occupational disease of mild / moderate severity with loss of professional ability to work is likely;
- harmful UT of the fourth degree: may lead to severe forms occupational diseases with loss of the general working capacity of the worker.
The fourth class, the highest, is dangerous UT. Working in them threatens the life of the employee and carries a high risk of acute occupational diseases.
The establishment of a class (subclass) of UT, in addition to labor protection measures, affects the size of the additional rate of insurance premiums paid by the employer to the Pension Fund of the Russian Federation: than better conditions labor, the lower the deductions.
UT condition in the employment contract with the employee
SOUT, which replaced the certification of workplaces since 2014, should be carried out in stages by December 31, 2018 in all organizations and at all workplaces, with the exception of home-based and remote ones.
It is then held at least every five years; in some cases, an unscheduled SOUT is also possible (Article 17 of Law N 426-FZ).
UT at the workplace in accordance with Art. 57 of the Labor Code of the Russian Federation, as well as guarantees and compensations for work with harmful / dangerous UT, together with their characteristics, are required to be included in the employment contract.
This rule does not provide for any delay until the SOUT is carried out.
If at the time of the conclusion of the employment contract this information is not available, then the missing information is entered later directly into the text of the employment contract or added as an integral appendix.
Andrey SLEPOV, Partner, Head of Labor and Migration Law Practice
international law firm "BEITEN BURKHARDT"
From January 1, 2014, working conditions at the workplace must be included in the employment contract. If the inspector does not find this information in the document, he will require it to be corrected. The fact that an employee got a job before 2014 does not relieve the company of this obligation. The agreement still needs to be supplemented with this condition (decision of the Frunzensky District Court of Saratov dated June 28, 2016 in case 12-136 / 2016, letter from Rostrud dated November 20, 2015
No. 2628-6-1). Three years later, not all employers figured out how to do it. We will tell you what to write in employment contract according to the instructions of the officials.
If a special assessment was not carried out, write down the general characteristics of the workplace in the contract
The employer cannot determine the working conditions at the workplace “by eye”. He needs to organize a special assessment. But when it comes to a new workplace, he has a year to spend it (part 2 of article 17 of Law No. 426-FZ of December 28, 2013, hereinafter - Law No. 426-FZ). However, up to this point, the employment contract still needs to fix the conditions under which the employee works. In this case, it is enough to prescribe the general characteristics of the workplace. These can be attributed description of the workplace, equipment used and features of working with it(letter of the Ministry of Labor of Russia dated July 14, 2016 No. 15-1 / OOG-2516).
After the company conducts a special assessment, adjust this provision of the contract and clarify whether there is a hazard in the employee’s workplace or the conditions are acceptable. To do this, draw up an additional agreement in which you state the clause of the employment contract in a new edition.
Instead of the results of the special assessment, indicate the current data of certification of workplaces
In most cases, the Law on Special Assessment allows it to be carried out in stages until December 31, 2018 (Part 6, Article 10 of Law No. 426-FZ). And there are organizations in which the results of attestation of workplaces are still valid. In this case, according to the recommendations of the representatives of Rostrud, in the text of the employment contract, you can indicate the working conditions from the certification card.
Please note that there are situations when a special assessment of working conditions will have to be carried out, even when you have valid certification results. For example, a company moves to another office and, accordingly, transfers employees to new jobs. Or the state inspector demanded a special assessment, because he suspected violations in the attestation procedure. There is also a reason for assessing working conditions if the employer puts in new equipment that will affect the level of exposure of employees to harmful factors (Article 17 of Law No. 426-FZ, letter from Rostrud dated November 20, 2015 No. 2628-6-1). In these cases, carry out the procedure and adjust the condition in the employment contract using additional agreement.
Take the data for the contract from the special assessment card
When the employer has the results of a special assessment of working conditions, the employment contract must be supplemented with information from the report of the organization that conducted it. To do this, study such a part of the report as a map of a special assessment of working conditions (sample below). It indicates the working conditions at a particular workplace, as well as guarantees and compensations that are due to the employee. They are also partially reflected in the employment contract. Take information from lines 030 and 040 of the map.
From line 030 in the text of the contract or additional agreement, include information from the column "Final class (subclass) of working conditions." Recall that there are the following classes (subclasses) of working conditions at the workplace, depending on the harmfulness and (or) danger (Article 14 of Law No. 426-FZ):
1. 1st class - optimal working conditions;
2. 2nd grade - allowable conditions labor;
3. 3rd class - harmful working conditions:
- subclass 3.1 - harmful working conditions of the 1st degree;
- subclass 3.2 - harmful working conditions of the 2nd degree;
- subclass 3.3 - harmful working conditions of the 3rd degree;
- subclass 3.4 - harmful working conditions of the 4th degree.
4. 4th class - dangerous working conditions.
Inspectors check that this information is in accordance with the law. Therefore, enter the information in the contract in the same way as they are formulated in the law and the map.
From line 040 in the text of the employment contract, include the due guarantees and compensations. Depending on the class and subclass of working conditions, the scope of guarantees will differ (table below).
How to prescribe guarantees and compensation for work in harmful conditions
| Situation | Recommended wording |
| The employee is entitled to additional leave |
1. An employee is granted an annual basic paid leave of 28 calendar days. 2. In connection with the implementation of activities in working conditions classified as harmful 2nd degree, the employee is provided with an annual additional paid leave of 7 calendar days |
| The employee was given a bonus for harmful working conditions |
1. An employee is set a monthly salary in the amount of 50,000 rubles. 2. In connection with the implementation by the employee of activities in working conditions classified as harmful, the employee is given an additional payment in the amount of 4% of the monthly salary |
| The employee has a reduced work week | The employee is set a five-day working week with a duration of 36 hours in connection with the implementation of activities in working conditions classified as harmful 3rd degree. Days off - Saturday, Sunday |
| Under the terms of the collective agreement and industry agreement, the employee works 40 hours a week | The employee is set a five-day work week of 40 hours. For carrying out activities in working conditions classified as harmful of the 3rd degree, an additional payment is established to the employee in the amount established by the collective agreement, taking into account the industry agreement ... |
! Compensation and guarantees that are due for work in harmful / dangerous working conditions, write in the employment contract or agreement separately from those guarantees that do not depend on the working conditions of the employee.
It is still not clear whether it is necessary to prescribe working conditions for remote workers in the workplace in the contract. On the one hand, when working remotely, stationary workplace not created (Article 312.1 of the Labor Code of the Russian Federation). In this regard, a special assessment is not carried out and working conditions at the workplace cannot actually be prescribed. On the other hand, the Labor Code does not make exceptions regarding the mandatory terms of an employment contract. In response to a request to Rostrud using the online inspection.rf website, representatives of the department suggested that the following wording be written in the contract of a remote employee: “in accordance with part 3 of article 3 federal law dated December 28, 2013 No. 426-FZ, the employer does not conduct a special assessment of working conditions and, therefore, it is not possible to specify working conditions in the workplace in the employment contract. To eliminate the risks of inspectors' claims, enter such a condition into the employment contract of a remote employee.
In the contracts of the “wreckers”, indicate that you give them soap
! For employees whose work is related to pollution, write in the contract that you provide flushing and neutralizing agents. Their norms were approved by the Ministry of Health and Social Development of Russia in an order dated December 17, 2010 No. 1122n. Paragraph 12 of Appendix No. 2 to the Order says that they select and issue flushing and (or) neutralizing agents, taking into account the results of the special assessment. The wording of the contract may be as follows: “The employer provides the employee with flushing agents in accordance with the order of the Ministry of Health and social development Russian Federation dated December 17, 2010 No. 1122n. For washing hands per month, the employee is given 200 g of toilet soap or 250 ml of liquid detergents in dosing devices. For body wash - 300 g of toilet soap or 500 ml of liquid detergents in dispensers per month.
Law No. 426-FZ of December 28, 2013 - will help you determine the period during which you need to conduct a special assessment of a new workplace and study the classes of working conditions at the workplace
Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n - will help you find out the norms for issuing flushing and neutralizing agents to employees
Important takeaways:
- Working conditions at the workplace must be included in the employment contract, even if the employee got a job before 2014.
- If a special assessment has not yet been carried out at the employee’s workplace, enter the general characteristics of the workplace into the contract.
- Up-to-date data of attestation of workplaces can be indicated in the contract. But if the employer has changed the technological process, it is necessary to conduct a special assessment.
The legislator separately regulates the procedure for prescribing the basic working conditions at the workplace in an employment contract with each employee. The need for legal regulation of this issue is associated with possible abuses by employers in matters of reducing well-deserved earnings or fixing an excessive length of the working week. Fixing specific working conditions for the position as a whole, as well as preferential categories employees separately, allows you to guarantee the equality of all job seekers and well-deserved monetary compensation.
Labor legislation is very sensitive to the need to comply with the basic aspects of labor protection. And this applies not only to regular briefings and lectures on safety, but, above all, to the organization of a special assessment of the place of work of each employee. This concept includes information about the study:
- factors that adversely affect the health of a person;
- conditions that can lead to death;
- causes of work injuries.
Based on this assessment, working conditions are formed, which are subsequently displayed in the employment contract. As a result of the special assessment, opportunities are being formed to ensure maximum protection for workers. In particular, this concerns the use of individual and collective protective equipment.
Conducting a special assessment is mandatory for all categories of enterprises, regardless of the form of ownership and the order of organization of work. Based on the analysis, information is generated about the harmfulness of production as a whole or its individual positions, which should be displayed in the contract. Also, harmful working conditions imply a division into classes, which are entered into the employment contract, and provide for separate benefits and compensation to workers.
Important! Exceptional forms of employment that do not require workplace inspections include home workers and telecommuters.
The legislation provides for the procedure and procedure for conducting a special assessment, which is based on the following organization principles:
- familiarization with working conditions is planned, according to the established schedule;
- unscheduled inspections are mandatory, which are associated with a change in the procedure for performing work;
- carried out only complex analysis(selective estimates are not allowed);
- all identified changes are made to the employment contract.
Distribution
The characteristics of the main safety indicators that are associated with the direct execution of the work process are displayed in the Instructions and Rules of the Ministry of Health. These documents spell out the main rules for conducting a special assessment and determining the category of harmfulness of an enterprise. Based on the results of the assessment, the belonging of a particular production to different types harmfulness, the so-called classes. And, in addition to the list of signs relating the work of employees to different groups, the requirements reflect the methods of compensation for possible harm.
Read also List of grounds for concluding a fixed-term employment contract
Tables No. 1 "Distribution various types production into classes, according to indicators of harmfulness.
| No. p / p | Name | Characteristic | Note |
| 1. | I (optimum) | The facility has not recorded hazardous conditions that exceed statutory normal, and constant work cannot lead to significant diseases. | |
| 2. | II (valid) | If at some points the harmfulness exceeds the boundary limits, which can lead to occupational diseases. | Effective methods to prevent the occurrence of the disease are long days off and extended vacations. |
| 3. | III (harmful) | Harmful factors that can lead to chronic illnesses are continuously operating in the workplace. | This class is usually divided into several subspecies: 1. Due to the increased rest time between stages of work, there is a chance to prevent illness. 2. There are frequent cases of disability due to the occurrence of specialized diseases. 3. The manifestation of diseases of mild and moderate severity. 4. The occurrence of severe ailments. |
| 4. | IV (dangerous) | The constant and excessive influence of harmful factors, the danger of which cannot be compensated. As a result, deaths are possible. |
Thus, a special assessment of working conditions (SOUT) is not only a mechanism for protecting the employer, but also a mandatory requirement of the law. The employee must be familiar with the accompanying aspects of labor, and therefore it is necessary to fix working conditions in an employment contract.
Highlights
Drawing up a mutual contract is the main condition for establishing labor relations. And the agreement should stipulate all, without exception, the accompanying factors of service in the company. This is especially true for those moments that can harm the life or health of employees. Based on this, it is imperative to prescribe harmful factors and possible consequences of labor in the employment contract. The wording of the paragraph should include information that employees will have to work in conditions of a particular hazard class, but bonuses and additional compensation will be applied in order to reduce the harmful effect.
So, it is supposed to display such points of labor relations:
- the terms of excessive vacation are prescribed (that is, more than 29 days allotted by the legislator);
- minimum 4% monthly salary supplement;
- shortening the working week.
Interestingly, the law only offers a minimal example of benefits and monetary compensation, while the results of applicable incentives can be much higher and are not limited by time frames.
Fixing order
It is not difficult to figure out how to prescribe the conditions for the performance of work in the contract. But a package of related papers must be attached to the document. So, at the interview stage, the employer undertakes to warn the applicant about the presence of harmful factors and possible consequences long term employment. This should also be written in the form of an agreement. To confirm their words, the administration of the company must provide a package of conclusions of a special assessment.
If the employee agrees with the employment specified conditions, then he must personally apply for employment. In the same petition, his acquaintance with the harmful features of production is recorded (each enterprise has its own individual sample). Also write down the methods by which the harmful impact on the team will be reduced.
After that, a contract is formed, which is signed by both parties. At the same time, in agreement with without fail Attached are papers such as:
- expert opinion on the assignment of a hazard class;
- evaluation protocol;
- a list of possible mechanisms for improving labor;
- security requirements.
It happens that working conditions worsen in the process of work. This may be due to a transfer to another locality or the reorganization of the company. The legislator allows such a deterioration in working conditions if this is caused by the characteristics of the enterprise. To fix a new labor order an additional agreement is drawn up to the employment contract. The only condition in this case is the use, along with aggravating circumstances, of labor relief mechanisms.
An employment contract concluded with an employee employed in work with harmful or dangerous working conditions (sample filling)
Employment contract N 09/12
Limited Liability Company "Kholod", hereinafter referred to as the "Employer", represented by the director Vorobyov Sergey Sergeevich, acting on the basis of the charter, on the one hand, and Govorukhin Grigory Grigoryevich, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement about the following:
1. The Subject of the Agreement
1.1. The employee is accepted to the Employer to perform work as a repairman of the compressor shop.
1.2. Work at the Employer is the main place of work for the Employee.
1.3. The immediate supervisor of the Employee is Vorobyov S.S.
1.5. In order to verify the compliance of the Employee with the work assigned to the Employee, a probation duration 2 months. The specified period is calculated from the day following the date of signing this agreement by both parties. Reason: art. 70 of the Labor Code of the Russian Federation.
1.6. In connection with the condition provided for in clause 1.5 of this agreement, the Employer undertakes to inform the Employee in writing about the test result no later than three working days before the expiration of the test period.
If the probation period has expired, and the Employee continues to work, then he is considered to have passed the probation, and the subsequent termination of the employment contract is allowed only on general grounds.
1.7. If the Employee does not start work within the period specified in clause 1.4. of this employment contract, the contract is canceled in accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation.
2. Rights and Obligations of the parties
2.1. The employee is obliged:
2.1.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in paragraphs. 2.2.1 of this employment contract.
2.1.3. Protect the employer's property.
2.1.5. pass in time medical checkup.
2.1.6. Comply with the requirements of labor protection, safety and industrial sanitation.
2.1.7. Contribute to the creation of a favorable business and moral climate at work.
2.2. The employer undertakes:
2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.
2.2.2. Provide safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
2.2.3. Pay for the work of the Employee in the amount established by this employment contract.
2.2.4. Pay bonuses, remuneration in the manner and on the terms established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the regulation on remuneration and other local acts of the Employer.
2.2.5. Comply with the laws and other regulations RF requirements for the level of qualification, health status:
Organize employee training
Organize classes to improve the professional skills of the Employee
Ensure timely medical control of the Employee, free medical examination once every 2 years. Carry out a deep medical examination of the Employee with the involvement of polyclinic specialists
Comply with the work and rest regimes of the Employee established by the legislation of the Russian Federation.
2.2.6. Pay in case of production necessity, in order to improve the skills of the Employee, his training.
2.2.7. Familiarize the Employee with the requirements of labor protection and internal labor regulations.
2.2.8. To help reduce the harmful effects of production factors on the life and health of the Employee.
2.2.9. Accept necessary measures for the prevention of industrial injuries, occupational and other diseases of the Employee in cases provided for by law.
2.2.10. Timely provide benefits and compensation in connection with harmful working conditions ( additional holidays), to provide, in accordance with the current norms and regulations, special clothing, special footwear and other means personal protection, to organize the proper care of these funds.
2.2.11. Provide equipment for heating and recreation of the Employee.
2.3. The employee has the following rights:
The right to provide him with the work specified in clause 1.1 of this employment contract
The right to timely and full payment wages
The right to rest in accordance with the terms of this employment contract and the requirements of the law
Other rights granted to employees Labor Code RF.
2.4. The employer has the right:
Encourage the Employee for conscientious, high-quality and efficient work. Pay compensation to the Employee for the use of a personal car, tools, etc. for the needs of the organization.
Bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation
Exercise other rights granted to him by the Labor Code of the Russian Federation.
3. Working hours
3.1. The employee is assigned a five-day working week of 36 (thirty-six) hours. Days off are Saturday and Sunday.
3.2. The work of the Employee in the position specified in clause 1.1 of the contract is carried out in harmful working conditions.
3.3. An employee is granted annual leave of 28 calendar days.
3.4. The employee is granted an additional paid leave of 12 calendar days, and the additional leave is added to the main leave of 28 calendar days.
3.5. Part of the vacation exceeding 28 calendar days cannot be replaced monetary compensation(Article 126 of the Labor Code of the Russian Federation).
3.6. For family reasons and others good reasons An employee, upon his application, may be granted short-term leave without pay.
3.7. An employee working in the cold season in the open air or in closed, unheated premises, in necessary cases special breaks for heating and rest are provided, which are included in working hours.
4. Terms of remuneration
4.1. For the performance of work stipulated by this employment contract, the Employee is paid an official salary in the amount of 50,000 rubles. per month.
4.2. Wages are paid at the Employer's cash desk on the 15th and 30th of each month in accordance with the internal labor regulations. If the day of payment coincides with a weekend or non-working holiday, wages are paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation).
4.3. For work in hazardous working conditions, the Employee is paid an additional payment in the amount of 12% of the tariff rate.
4.4. The employee is given free delivery of milk or other equivalent food products. The rate of free delivery of milk is 0.5 liters per shift, regardless of its duration.
4.5. The conditions and amounts of incentive payments by the Employer to the Employee are established in accordance with the regulation on remuneration and material incentives.
4.6. From the salary paid to the Employee in connection with this employment contract, the Employer withholds income tax individuals, and also makes other deductions in accordance with the current legislation of the Russian Federation and transfers the withheld amounts to the destination.
5. Liability of the parties
5.1. In case of failure or improper performance by the employee assigned to him by this employment contract, internal labor regulations, labor law duties, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
5.2. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.
6. Termination of the employment contract
6.1. On the general grounds provided for by the current legislation.
6.2. In all cases, the day of dismissal of the Employee is the last day of his work.
7. Guarantees and compensations
7.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.
7.2. For the period of validity of this employment contract, the Employee is subject to compulsory social insurance in state extra-budgetary funds at the expense of the Employer in the manner prescribed by the current legislation of the Russian Federation.
7.3. The Employer pays the Employee temporary disability benefits in accordance with the current legislation of the Russian Federation.
7.4. Upon the occurrence of temporary disability, the Employee is obliged to provide the Employer with a certificate of disability confirming his temporary disability (illness, accident, etc.), no later than 3 (three) days after the end of such disability.
8. Final provisions
8.1. The terms of this employment contract are binding legal force for the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
8.2. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
8.3. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor Relations.
8.4. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
9. Addresses and details of the parties
I received the second copy of the employment contract.
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Employment contract with a probationary condition
isolated structural unit and its location)
to work ________________________________________________________________________
Specified labor function, i.e. job performance in accordance with staffing, profession, specialty, indicating the qualifications, the specific type of work assigned to the employee. If in accordance with
federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions
or specialties must correspond to the names indicated in the qualification reference books,
Employment contract standard sample
An approximate form of an employment contract (contract)
1. Enterprise (organization) ____________________________________
(Name)
in the person of ____________________________________________________________,
(position, full name)
hereinafter referred to as the Enterprise, and a citizen, ___________________
_____________________________________________________________________,
2. Employee _______________________________ is hired
______________________________________________________________________
(name of the structural unit of the enterprise: workshop, department,
a) no test
b) _____________________________________________________________
(length of probation)
7. The employee must perform the following duties:
The main characteristics are indicated
Works and requirements for their level
Accomplishments: by production volume
______________________________ (works), the quality of the produced
Products (quality of service),
The level of fulfillment of norms and normalized
Assignments, compliance with the rules for protection
Labor, performance of related work in
To ensure interchangeability.
When combining professions (works),
Performing related operations is given
The list of these works and their volumes and
Other obligations.
8. The enterprise is obliged to organize the work of the employee, create
conditions for safe and efficient work, to equip the working
place in accordance with the rules of labor protection and safety,
timely pay the wages stipulated by the contract.
Specific measures are indicated for
Organizations of production
process, workplace equipment,
Training and professional development
The employee and the creation of other conditions
Labor. When given to the manager
Structural unit of the right to hire
Workers to work in this item
Treaties make the appropriate
Record.
9. The obligation of the employer to ensure working conditions for
workplace indicating reliable characteristics, compensations and
employee benefits for severe, especially hard work and work with harmful
especially harmful or dangerous working conditions _________________________.
10. Guarantees in accordance with the Decree of the President of the Russian Federation dated 21
April 1993 N 471О additional measures ah for the protection of labor rights
citizens of the Russian Federation _____________________.
11. Features of working hours:
part-time ___________________________________________
The working conditions created at the workplace can affect the well-being and health of the employee, and classifying them as special categories obliges the employer to pay regular compensation amounts, provide additional holidays and other benefits. Since 2014, the obligation of the employer to prescribe working conditions in the employment contract has been established.
A clause on the nature of the work included in the contract allows you to determine whether the employee is eligible for any benefits or not. Not all situations are the same and sometimes the employer simply does not have information about the nature of the work, due to the lack of certification of the workplace. It is purely hypothetically forbidden to fill in the corresponding column, documentary grounds are needed. What to do in this case?
Any enterprise basically has a clearly structured production process, which consists of many separately performed operations that are aimed at obtaining one end result. Production activity is subdivided into a number of tasks and functions and, of course, not all of them are performed ideally.
All production processes can be divided into three groups:
- The main one, the one that directly affects raw materials and other initial aspects, turning them into finished products.
- Auxiliary - aimed at creating conditions for the implementation of the main processes.
- Serving, provides all related services that allow the implementation of basic and auxiliary functions.
Jobs are classified in terms of production processes that are carried out in this particular organization. The same professions can have different structure activities depending on what technologies are used at the enterprise, what is the logistics. That's why general characteristics working conditions do not exist, and each employer is obliged to carry out empirically.
Classification of working conditions
Federal Law "On the Special Assessment of Working Conditions" N 426-FZ of December 28, 2013 in Article 14 leads full list permissible classifications of working conditions.
Working conditions are divided into four classes:
- Optimal - 1 class.
- Permissible - 2 class.
- - Grade 3.
- Dangerous 4th class.
The assignment of class 1 indicates that no harmful and / or dangerous production factors have been recorded at the workplace that may adversely affect his well-being or health.
Class 2 is assigned if the employee is exposed to harmful or dangerous factors but they can't harm his body. These impacts are assumed to be within allowable norms, and their effect is completely neutralized during the inter-shift rest and during the time.
Harmful Conditions labor are characterized by exceeding the permissible exposure standards and are divided into:
- Subclass 3.1 - 1st degree of harmfulness. It implies that the impact on the body increases the risk of damage to health, and the impact is neutralized by rest, the intervals of which exceed the allotted labor standards.
- Subclass 3.2 - 2nd degree of harmfulness. Systematic harmful effects lead to persistent functional disorders in the human body, but do not imply disability. The occurrence of health disorders are recorded after 15 or more years of work in such a workplace.
- Subclass 3.3 - 3rd degree. Work is characterized by the acquisition of occupational diseases of mild and medium degree, during working age.
- Subclass 3.4 - 4th degree. Assigned in the event that environmental factors are capable of causing severe professional disorders of the body when it comes to the ability to work, in general.
Dangerous conditions are those that can lead to the development of acute occupational diseases or getting injured, etc.
Special assessment of conditions
Legislative norms establish the obligatory special assessment of the working conditions of all workplaces. Employers are responsible for its timely implementation. When conducting a special assessment, one should be guided by the norms of the Federal Law N 426-FZ, which regulates the procedure and contains detailed instructions for its implementation.
New jobs must be certified within 12 months from the date of their creation. For all other cases, certification is carried out at intervals of at least once every five years, and at the request of the employer himself, it can be carried out more often. A special assessment is not made only for remote workers, which include homeworkers and telecommuters.
A special assessment is a whole range of activities in which not only employees of the organization itself, but also specialists invited from outside can be involved. Today, there are many companies providing comprehensive assistance for such events. The result of such an assessment is the establishment or hazard, as well as the development of an action plan to reduce harmful and dangerous impacts.
Registration of an employment contract
The relationship between the employee and the employer begins with the signing of an agreement between the parties. is concluded before the employee begins his duties, which allows you to fully assess the upcoming cooperation and the working conditions that will be created for the person.
The Labor Code of the Russian Federation in Article 57 indicates a number of mandatory clauses that must be included in an employment contract.
Also, this article spells out additional clauses that may be indicated at the request of the parties, but are not mandatory. It is in the interests of the employer to follow the prescribed procedure, because the absence of any item does not deprive the employee of this right, and the organization itself can cause serious damage to the idea.
An employee can defend his rights in court if any of essential conditions was not specified in the employment contract.
The conditions introduced during the admission of a new person can be charged more than once during the entire time of cooperation. However, all changes to the contract are prescribed only with the consent of both parties, and not unilaterally.
Indication of working conditions
In article 57 of the Labor Code of the Russian Federation, one of the mandatory items is a description of working conditions. It should be registered at the initial conclusion of an employment contract. This paragraph indicates the established class of conditions, and in the presence of harmfulness, the assigned subclass is also prescribed. If the characteristics correspond to the first class, then the general wording is prescribed that negative impacts absent, and sanitary and hygienic standards are observed. If there is a hazard or hazard class, the full description all characteristics established by a special assessment.
Guarantees and compensation
The indication of working conditions in the contract is not accidental. The presence of established harmfulness or danger allows the employee to count on the payment of the guarantees due to him.
Article 224 of the Labor Code establishes that the employer is responsible for compliance with labor standards, which, in particular, prescribe that not all workers can be involved in work that has a classification of harmfulness or danger. Some employees accepted for such jobs should be exempted from it if there are medical justifications.
In accordance with Article 147 of the Labor Code of the Russian Federation, those working in places classified as dangerous or harmful must receive a monthly supplement to the established salary. The minimum limit for such an additional payment is a barrier of 4%, but it can be increased by the employer on his own initiative with the involvement of the trade union committee in the discussion of this issue.
In addition to wages, such employees can count on a number of benefits:
- Spa treatment.
- Providing food.
The completeness of benefits depends on the established class.
Changing working conditions
The management of the organization is directly interested in improving the working conditions at the enterprise.
This leads to lower taxes and lower labor costs. Therefore, from one certification to another, a set of measures aimed at reducing harmful factors is carried out.
The most successful levers for this are:
- Modernization of technical equipment of production.
- Use of means of individual and collective protection.
Occupational safety services are working towards a permanent reduction in levels harmful effects various factors.
Any incident may result in an unscheduled special assessment. And in some cases, it can be initiated by the inspection bodies, suspecting that the results are not true. Whatever caused the new certifications, their results must be reflected in the employment contract without fail.
Improvement or deterioration
Employers strive to improve existing working conditions, but in practice this is not always the case. But any change in one direction or another must be spelled out in the contract.
Sometimes it happens that when hiring, the conditions in the contract are not indicated due to the lack of an assessment. In practice, this is legally allowed for those places that were originally introduced for work. The employer has 12 months to certify this position. Whatever the results obtained, the employee must be familiar with them.
The Labor Code establishes that although the improvement is prescribed in the contract, it does not require the use of additional measures, but the deterioration will enable the employee to demand a transfer to another job. The employer is obliged to offer him a choice - to remain in his previous position and receive the benefits he is entitled to by law, or switch to another one so as not to harm his health.
Making changes to the contract
Changes to a previously drawn up employment contract are made by drawing up an additional agreement. The additional agreement is made in two versions, one copy will be kept by the employee, and the other by the employer.
Amendable clauses are introduced into the agreement in the form in which they will operate further. The hired person must be familiarized with the document under the signature.
In addition to the signature, the employee must express his consent with the phrase "I am familiar with the changes and do not mind." He also has the right to object in writing or by refusing to endorse the agreement. But not always the refusal to sign leads to pleasant changes. If the deterioration of labor was justified, there are no vacancies for transfer to another position, then the employment relationship may be interrupted.
Properly drawn up labor documentation allows you to avoid conflict situations and lawsuits.
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