Recommendations on the approximate content of the section of the obligations of the employer and the employee on labor conditions and labor protection in the labor agreement (contract) have been developed in order to more fully take into account the requirements of the Fundamentals of Legislation Russian Federation on labor protection relating to the duties of the employer and the employee to ensure labor protection in the organization and the creation of healthy and safe working conditions in the workplace.
Basic Provisions
1. The employer certifies with this employment agreement (contract) that workplace based on the results of a special assessment of working conditions, an employee is characterized by:
safe working conditions;
harmful conditions labor;
hazardous working conditions.
2. Working conditions of an employee are characterized by the following list of actual and permissible levels of harmful (hazardous) production factors: __________________________
3. The employer, in accordance with applicable laws and regulations on labor protection, guarantees employee rights to labor protection and undertakes to provide:
3.1. Protection of the employee from the effects of harmful and hazardous production factors.
3.2. Introduction of modern safety measures and the creation of the necessary sanitary and hygienic working conditions to prevent injury and occupational disease of an employee in production.
3.3. Workplace equipment necessary equipment, furniture, tools, fixtures, inventory and the safety of this and other property assigned to the employee.
3.4. Periodic training of the employee in safe working practices and methods, conducting initial and periodic briefings on labor protection at the expense of the employer.
3.5. Timely issuance to the employee in accordance with the established norms of overalls, special footwear and other means individual protection at the expense of the employer (list): ________________________________.
3.6. Washing, repairing, drying, neutralizing and restoring the protective properties of overalls and footwear at the expense of the employer and their timely replacement.
3.7. Conducting preliminary upon admission to work and periodic medical examinations at the expense of the employer.
3.8. Providing the employee in accordance with the current sanitary norms and rules with sanitary facilities and devices, detergents.
3.9. Professional retraining of an employee at the expense of the employer in case of suspension or closure of an organization, workshop, site or liquidation of a workplace due to unsatisfactory working conditions, as well as in case of disability due to an industrial accident or occupational disease.
3.10. Providing the employee (at his request) with reliable information about the state of conditions and labor protection at his workplace, about the existing risk of damage to health, as well as about the measures taken to protect him from harmful or hazardous production factors.
3.11. Compensation for harm caused to an employee as a result of injury, occupational disease or other damage to health associated with the performance of his job duties.
3.12. Employee insurance against industrial accidents at the expense of the employer.
3.13. Employee health insurance at the expense of the employer.
3.14. Additional insurance coverage for an employee (drawing up an insurance policy abroad) when performing work related to trips outside Russia (sailors, vehicle drivers, company managers, etc.).
3.15. Providing an employee with benefits and compensations for work in harmful and hazardous working conditions, including: preferential pension according to List No. 1 or List No. 2 (section, paragraph)
additional leave ____ days
shortened working day ____ hours
additional payments of _____ percent to tariff rate(salary)
milk or other equivalent products ______________________ therapeutic and prophylactic nutrition __________________________
4. The employer undertakes, at his own expense, to provide the employee with additional benefits that are not provided for by the current legislative and regulatory legal acts on labor protection (list): ________________________.
5. The employee is guided in his work by the current legislative, regulatory legal acts and instructions on labor protection, the Internal Labor Regulations, orders of the employer's administration and undertakes:
5.1. Observe labor and production discipline, norms, rules and instructions for labor protection.
5.2. Correctly apply collective and individual means protection.
5.3. Immediately inform your immediate supervisor of any industrial accident, signs of an occupational disease, or a situation that poses a threat to the life and health of people.
6. An employee has the right to conduct an independent examination of working conditions at his workplace at the expense of the employer. Note. At the discretion of the employer and the employee, additional clauses may be included in the section of the labor agreement (contract) on labor conditions and labor protection, expanding their mutual obligations in this area, which do not contradict the requirements of the current legislative and regulatory acts on labor protection.
Recommendations on the approximate content of the section "labor conditions and safety" in the collective agreement stipulating the employer's obligations to the labor collective of the organization in the field of labor conditions and labor protection
Recommendations on the approximate content of the section "Working conditions and labor protection" in the collective agreement of the organization have been developed in order to more fully take into account the requirements of the Fundamentals of the legislation of the Russian Federation on labor protection concerning the employer's obligations to the work collective to ensure labor protection in the organization and create healthy and safe working conditions at production.
Basic Provisions
Employer in accordance with applicable laws and regulations on labor protection undertakes:
1. To allocate funds in the amount of ___ rubles for labor protection measures provided for by this collective agreement.
2. To complete, within the established time frame, a set of organizational and technical measures provided for by the labor protection agreement, in accordance with Appendix N ___.
3. To form a fund for labor protection of the organization and to allocate funds for these purposes in the amount of ___ rubles.
4. Conduct a special assessment of working conditions in the following departments (list): ___________ __________________________________________________.
5. Conduct training and testing of knowledge on labor protection of workers, managers and engineering and technical workers of the organization within the time limits established by regulatory legal acts on labor protection.
6. To organize, within the established time frame, a medical examination of the organization's employees who are obliged to undergo a periodic medical examination.
7. Provide:
- the timely issuance of special clothing, special footwear and other personal protective equipment to employees, washing, lubricating and neutralizing agents in accordance with the established norms for the list of professions and positions in accordance with Appendix N ____;
- workers sent to perform work in other workshops (to other sites), special clothing and special footwear, provided for by the established norms for professions and positions of the workshop (site); - repair, washing, drying of special clothing and special footwear, as well as its neutralization and restoration of protective properties;
- issuance to employees in excess of established norms special clothing, special shoes and other personal protective equipment at the expense of the organization according to the list of professions and positions in accordance with Appendix N ____; - issuance to employees at the expense of the organization of technological, uniforms according to the list of professions and positions in accordance with Appendix N ___.
8. Provide workers employed in jobs with harmful and hazardous working conditions, the following benefits and compensations:
- preferential pension according to List No. 1 and List No. 2, in accordance with the list of professions and positions, agreed with the local authorities of the state examination of working conditions, the Pension Fund of Russia and the Ministry of Social Protection of the Russian Federation, in accordance with Appendix No. ___;
- additional leave and reduced working hours according to the list of professions and positions in accordance with Appendix N ___; - additional payment to the tariff rate (salary) for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix N ___;
- milk or other equivalent products according to the list of professions and positions in accordance with Appendix N ___;
- therapeutic and prophylactic nutrition according to the list of professions and positions in accordance with Appendix N ___.
9. Provide employees of hot shops and sections with sparkling salted water and tea.
10. Establish a one-time cash allowance for employees (members of their families) for compensation for harm caused to their health as a result of an accident or occupational disease during the performance of labor duties in the following cases:
- death of an employee - ____ minimum wages, as well as payment of bills and expenses related to burial;
- receiving a disability by an employee - ____ minimum wages;
- loss of the employee's ability to work, which does not allow him to perform work duties at the previous place of work, - ____ the minimum wage.
11. To establish, at the expense of the organization, the payment of a monthly cash allowance in the amount of 100% of the established (on the day of payment) the minimum wage for children who have lost their breadwinner (each child) until they reach 18 years of age, and in cases of continuing education - up to 23 years ...
12. Timely indexation of the amounts of compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their duties.
13. Introduce compulsory medical insurance for employees and insurance against industrial accidents and occupational diseases at the expense of the organization.
14. Ensure working conditions and labor protection for women, including:
- to restrict the employment of women in work at night;
- to carry out a set of measures to remove women from heavy physical work and work with harmful and hazardous working conditions;
- to organize home work for women whose work in the organization is temporarily unavailable;
- to allocate jobs in ____________________ units exclusively for the employment of pregnant women who need to be transferred to light work;
- to carry out measures for the mechanization of manual and heavy physical work in order to introduce new standards to the maximum permissible loads for women established by the Resolution of the Council of Ministers - the Government of the Russian Federation of February 6, 1993 N 105.
15. Provide working conditions for youth, including:
- to exclude the use of labor of persons under the age of 21 for heavy physical work and work with harmful and hazardous working conditions;
- to establish, at the request of persons studying on the job, individual work regimes.
16. Together with the trade union committee (authorized by the trade union committee or the labor collective), organize control over the state of working conditions and labor protection in the divisions and the implementation of the labor protection agreement.
17. Regularly consider at joint meetings with the trade union committee (authorized by the trade union committee or labor collective), joint committees (commissions) the implementation of the agreement on labor protection, the state of labor protection in divisions and inform employees about the measures taken in this area.
18. Ensure guarantees of the workers' right to labor protection, provided for by the Fundamentals of the legislation of the Russian Federation on labor protection, and the consolidation of these rights in labor agreements (contracts).
Note. At the discretion of the employer and the labor collective, the section "Working conditions and labor protection" may include additional clauses that expand the employer's obligations in the field of labor protection, which do not contradict the requirements of the current legislative and regulatory legal acts on labor protection.
A collective agreement is a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer in the person of their representatives.
A collective agreement is a local regulatory legal agreement, i.e. an act that is concluded in a contractual manner, but along with specific obligations contains the rules of law. An obligatory part of the collective agreement is the specific obligations of the employer to ensure working conditions that are more favorable than those established by labor legislation (Article 41 of the Labor Code).
The procedure for the development of a draft collective agreement and its conclusion is determined in accordance with the Labor Code and other federal laws.
If no agreement is reached between the parties on certain provisions of the draft collective agreement within 3 months from the date of the beginning of collective bargaining, the parties must sign a collective agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements.
Unresolved disagreements can be the subject of further collective bargaining or be resolved in accordance with the Labor Code and other federal laws. The choice of a method for resolving differences should be decided by the parties. If the parties have not reached an agreement or the employer (his representatives) evade the continuation of collective bargaining, it is necessary to go to conciliation procedures.
A collective agreement can be concluded with an individual entrepreneur, in the organization as a whole, in its branches, representative offices or other separate structural divisions. When concluding a collective agreement in a branch, representative office, other separate structural unit of the organization, the employer acts as a party to the collective agreement, i.e. organization, and the collective agreement applies to all employees (Article 43 of the Labor Code). In this case, the representative of the employer may be the head of the relevant department, authorized by the employer. The need to conclude a collective agreement in separate structural divisions arises due to the fact that they are located outside the location of the legal entity or have their own specific technological and organizational features.
The collective agreement of a separate subdivision should not contain norms that worsen the position of employees in comparison with the collective agreement of the entire organization.
Content and structure of the collective agreement
In Art. 41 of the Labor Code of the Russian Federation states that the content and structure of a collective agreement is determined by the parties independently, without the intervention of other persons and bodies. When determining the content of a collective agreement, it is necessary to proceed from the competence of the employer. It is unacceptable to include in the contract conditions that the employer is not entitled to provide (for example, for employees of the public sector, the size of official salaries is established by special normative acts and it is impossible to change them in a contractual manner).
The collective agreement may include mutual obligations of employees and the employer on the following issues:
- forms, systems and amounts of remuneration;
- payment of benefits, compensations;
- a mechanism for regulating wages, taking into account the rise in prices, the level of inflation, the fulfillment of the indicators determined by the collective agreement;
- employment, retraining, conditions for the release of workers;
- working hours and hours of rest, including issues of granting and duration of vacations;
- improvement of working conditions and labor protection of employees, incl. women and youth;
- observance of the interests of employees during the privatization of state and municipal property;
- environmental safety and health protection of workers at work;
- guarantees and benefits for employees who combine work with training;
- health improvement and recreation of employees and their families;
- partial or full payment for workers' meals;
- control over the implementation of the collective agreement, the procedure for introducing amendments and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the implementation of the collective agreement;
- refusal to strike if the employer fulfills the relevant conditions of the collective agreement;
- other issues identified by the parties.
Collective bargaining is usually the responsibility of the employer. Employees perform only the duties provided for by law, internal regulations, job description and an employment contract.
In the collective agreement, taking into account financial and economic provisions of the employer, benefits and advantages for employees can be established, working conditions that are more favorable than those established by laws, other regulatory legal acts, agreements.
The collective agreement includes regulations if the laws and other regulations contain a direct proposal for the mandatory enshrining of these provisions in the collective agreement, for example, Art. 135 TC - on establishing wages, Art. 144 of the Labor Code - on incentive payments, Art. 154 TC - on payment for work at night.
In addition to specific norms and obligations, a collective agreement must contain such formal information as the names of the parties on whose behalf it was concluded, the period of its validity, the procedure for changing and extending.
Collective agreement validity
The collective agreement is governed by Art. 43 TC. A collective agreement is an act of urgent action; at the discretion of the parties, it can be concluded for any period not exceeding 3 years.
The date of entry into force of the collective agreement is determined by the parties and does not depend on any circumstances, for example, from the notification registration, with the exception of the will of the parties. The parties may condition the entry into force of the collective agreement:
a) by the very fact of signing the contract (from the date of its signing by the parties);
b) the onset of a certain calendar date;
c) the occurrence of a certain event.
The parties have the right to renew the collective agreement for a period not exceeding 3 years. Such a decision must be made by agreement of the parties. The extension of the term is possible several times, but each time for no more than 3 years.
The collective agreement applies to all employees of an individual entrepreneur, organization, its branch, representative office and other separate structural unit, regardless of membership in a trade union and other circumstances. Similarly, the collective agreement concluded in a structural unit applies to all employees of the corresponding unit. The collective agreement also applies to persons who entered work after its conclusion.
The collective agreement remains in effect in the event of a change in the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.
In case of reorganization (merger, accession, division, separation, transformation) of an organization, the collective agreement remains in effect throughout the entire period of the reorganization - until its end.
When the form of ownership of the organization changes, the collective agreement remains in effect for 3 months from the date of transfer of ownership.
When reorganizing or changing the forms of ownership of an organization, either party has the right to send the other party a proposal to conclude a new collective agreement or extend the previous one for up to 3 years.
When an organization is liquidated, the collective agreement remains in effect during the entire period of liquidation.
Agreement. Types of agreements
Agreement -
legal act governing social and labor relations and establishing the general principles of regulation of related economic relations, concluded between authorized representatives of employees and employers at the federal, interregional, regional, sectoral (inter-sectoral) and territorial levels of social partnership within their competence.
By agreement of the parties participating in collective bargaining, agreements can be bilateral or trilateral.
Agreements providing for full or partial financing from the respective budgets are concluded with the obligatory participation of the relevant executive authorities or local self-government bodies that are a party to the agreement.
Depending on the sphere of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (inter-sectoral), territorial and other agreements.
The General Agreement establishes general principles for the regulation of social and labor relations and related economic relations at the federal level.
The interregional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.
The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.
A sectoral (inter-sectoral) agreement establishes general terms of remuneration, guarantees, compensation and benefits for employees of the sector (sectors). A sectoral (intersectoral) agreement can be concluded at the federal, interregional, regional, territorial levels of social partnership.
The territorial agreement establishes general working conditions, guarantees, compensation and benefits for employees on the territory of the corresponding municipality.
Other agreements are agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them.
Content and structure of the agreement
The content and structure of the agreement are determined by agreement between the representatives of the parties, who are free to choose the range of issues for discussion and inclusion in the agreement.
The agreement may include mutual obligations of the parties on the following issues:
salary;
working conditions and labor protection;
modes of work and rest;
development of social partnership;
other issues determined by the parties.
(part two introduced Federal law from 30.06.2006 N 90-FZ)
The procedure for developing a draft agreement and concluding an agreement
The draft agreement is developed through collective bargaining.
The conclusion and amendment of agreements requiring budgetary funding, as a general rule, are carried out by the parties before the preparation of the draft of the corresponding budget for fiscal year relating to the term of the agreement.
The general agreement, sectoral (intersectoral) agreements on sectors, organizations of which are financed from the federal budget, should be concluded according to the general rule before the introduction of the draft federal law on the federal budget for the next financial year in The State Duma Federal Assembly Russian Federation.
Regional and territorial agreements should be concluded as a general rule prior to the submission of the respective draft budgets to representative bodies subjects of the Russian Federation and local authorities.
The procedure, terms for the development of the draft agreement and the conclusion of the agreement are determined by the commission. The Commission has the right to notify employers who are not members of the employers' association, which is collectively bargaining for the development of a draft agreement and the conclusion of an agreement, of the commencement of collective bargaining, and also to offer them forms of possible participation in collective bargaining. Employers who have received this notification are obliged to inform the elected body of the primary trade union organization uniting the employees of this employer about this.
The agreement is signed by representatives of the parties.
Validity of the agreement
The agreement comes into force from the date of its signing by the parties or from the day established by the agreement.
The term of the agreement is determined by the parties, but cannot exceed three years. The parties have the right to extend the agreement once for a period not exceeding three years.
The agreement applies to:
all employers who are members of the employers' association that has entered into the agreement. Termination of membership in an employers' association does not exempt the employer from fulfilling the agreement entered into during the period of his membership. An employer who joined an employers' association during the term of the agreement is obliged to fulfill the obligations stipulated by this agreement;
employers who are not members of the employers' association that entered into an agreement, who authorized the said association on their behalf to participate in collective bargaining and conclude an agreement, or joined the agreement after its conclusion;
bodies of state power and bodies of local self-government within the limits of their obligations.
With regard to employers - federal government agencies, state institutions of the constituent entities of the Russian Federation, municipal institutions and other organizations financed from the respective budgets, the agreement is also valid if it is concluded on their behalf by the relevant state authority or local self-government body (Article 34 of this Code).
The agreement applies to all employees who are in labor relations with employers specified in parts three and four of this article.
In cases where employees are subject to several agreements at the same time, the terms of the agreements that are most favorable to the employees apply.
At the suggestion of the parties to the sectoral agreement concluded at the federal level, the head of the federal executive body in charge of developing public policy and labor regulations, has the right, after the publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join this agreement. This proposal is subject to official publication and must contain information about the registration of the agreement and the source of its publication.
If employers operating in the relevant industry within 30 calendar days from the date of official publication, proposals to join the agreement have not been submitted to the federal executive body responsible for the development of state policy and legal regulation in the field of labor, a motivated written refusal to join it, then the agreement is considered extended to these employers from the date of official publication of this proposal. The said refusal must be accompanied by a protocol of the employer's consultations with the elected body of the primary trade union organization uniting the employees of this employer.
If the employer refuses to join the agreement, the head of the federal executive body in charge of developing state policy and legal regulation in the field of labor has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting the employees of this employer for consultations with the participation of representatives of the parties to the agreement. Employer representatives, employee representatives and representatives of the parties to the agreement are required to participate in these consultations.
The procedure for publishing sectoral agreements concluded at the federal level and the procedure for publishing a proposal to join the agreement are established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. The procedure for publishing other agreements is determined by their parties.
Changes and additions to the agreement
Changes and additions to the agreement are made in the manner prescribed by this Code for the conclusion of the agreement, or in the manner established by the agreement.
Registration of a collective agreement, agreement
The collective agreement, the agreement, within seven days from the date of signing, are sent by the employer, the representative of the employer (employers) for notification registration to the appropriate labor authority.
The entry into force of a collective agreement or agreement does not depend on the fact of their notification registration.
When registering a collective agreement, an agreement, the relevant labor authority identifies conditions that worsen the situation of workers in comparison with labor legislation and other regulatory legal acts containing labor law norms, and informs the representatives of the parties who signed the collective agreement, the agreement, as well as to the relevant state labor inspectorate. The terms of the collective agreement, agreements that worsen the situation of employees are invalid and shall not be applied.
Control over the implementation of a collective agreement, agreement
Control over the implementation of the collective agreement, agreement is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities.
When carrying out this control, representatives of the parties are obliged to provide each other, as well as the relevant labor authorities, with the information necessary for this no later than one month from the date of receipt of the corresponding request.
Appendix 2
to the letter of the Department
labor protection
Ministry of Labor of Russia
dated January 23, 1996 N 38-11
RECOMMENDATIONS ON THE APPROXIMATE CONTENT OF THE "WORKING CONDITIONS AND PROTECTION" SECTION IN THE COLLECTIVE AGREEMENT PROVIDING THE EMPLOYER'S OBLIGATIONS TO THE ORGANIZATION'S LABOR COLLECTIVE IN THE FIELD OF WORKING CONDITIONS AND CONDITIONS
The employer, in accordance with the applicable laws and regulations on labor protection, undertakes:
1. To allocate funds in the amount of ________ rubles for labor protection measures provided for by this collective agreement.
2. To fulfill, within the established time frame, a set of organizational and technical measures provided for by the labor protection agreement, in accordance with Appendix N ___________.
3. To form a fund for labor protection of the organization and to allocate funds for these purposes in the amount of ___________ rubles.
4. Conduct certification of workplaces in the following departments (list):
_______________________________________________________________
5. Conduct training and testing of knowledge on labor protection of workers, managers and engineering and technical workers of the organization within the time limits established by regulatory legal acts on labor protection.
6. To organize, within the established time frame, a medical examination of the organization's employees who are obliged to undergo a periodic medical examination.
7. Provide:
timely issuance of special clothing, special footwear and other personal protective equipment to workers, washing, lubricating and neutralizing agents in accordance with the established norms for the list of professions and positions in accordance with Appendix N ____;
workers sent to perform work in other workshops (to other sites), special clothing and special footwear, provided for by the established norms for professions and positions of the workshop (site);
repair, washing, drying of special clothing and special footwear, as well as its neutralization and restoration of protective properties;
issuance of special clothing, special footwear and other personal protective equipment to employees in excess of the established norms at the expense of the organization according to the list of professions and positions in accordance with Appendix N ____;
issuance to employees at the expense of the organization of technological, uniforms according to the list of professions and positions in accordance with Appendix N _____.
8. Provide workers employed in jobs with harmful and hazardous working conditions, the following benefits and compensations:
preferential pension according to List No. 1 and List No. 2 in accordance with the list of professions and positions agreed with the local bodies of state examination of working conditions, the Pension Fund of Russia and the Ministry of Social Protection of the Russian Federation, in accordance with Appendix No. ___;
additional leave and reduced working hours for the list of professions and positions in accordance with Appendix N _____;
additional payment to the tariff rate (salary) for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix N ___;
milk or other equivalent products according to the list of professions and positions in accordance with Appendix N ___;
therapeutic and prophylactic nutrition according to the list of professions and positions in accordance with Appendix N _____________.
9. Provide employees of hot shops and sections with sparkling salted water and tea.
10. Establish a one-time cash allowance for employees (members of their families) for compensation for harm caused to their health as a result of an accident or occupational disease during the performance of labor duties in the following cases:
death of an employee - __________ the minimum wage, as well as payment of bills and expenses associated with the burial;
the employee receives a disability - _________ the minimum wage;
loss of the employee's ability to work, which does not allow him to perform work duties at the previous place of work - ______ the minimum wage.
11. To establish, at the expense of the organization, the payment of a monthly cash allowance in the amount of 100% of the established (on the day of payment) the minimum wage for children who have lost their breadwinner (each child) until they reach 18 years of age, and in cases of continuing education - up to 23 years ...
12. Timely indexation of the amounts of compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their duties.
13. Introduce compulsory medical insurance for employees and insurance against industrial accidents and occupational diseases at the expense of the organization.
14. Ensure working conditions and labor protection for women, including:
to restrict the employment of women in work at night;
to carry out a set of measures to remove women from heavy physical work and work with harmful and hazardous working conditions;
organize home work for women whose work in the organization is temporarily unavailable;
allocate jobs in departments ____________________________
exclusively for the employment of pregnant women who need to be transferred to light work;
to carry out measures for the mechanization of manual and heavy physical work in order to introduce new norms of maximum permissible loads for women, established by the decree of the Council of Ministers - the Government of the Russian Federation of February 6, 1993 N 105.
15. Provide working conditions for youth, including:
exclude the use of labor of persons under the age of 21 for heavy physical work and work with harmful and dangerous working conditions;
to establish, at the request of persons studying on the job, individual work regimes.
16. Together with the trade union committee (authorized by the trade union committee or the labor collective), organize control over the state of working conditions and labor protection in the divisions and the implementation of the labor protection agreement.
17. Regularly consider at joint meetings with the trade union committee (authorized by the trade union committee or labor collective), joint committees (commissions) the implementation of the agreement on labor protection, the state of labor protection in divisions and inform employees about the measures taken in this area.
18. Ensure guarantees of the workers' right to labor protection, provided for by the Fundamentals of the legislation of the Russian Federation on labor protection, and the consolidation of these rights in labor agreements (contracts). Note. At the discretion of the employer and the labor collective, the section "Working conditions and labor protection" may include additional clauses that expand the employer's obligations in the field of labor protection, which do not contradict the requirements of the current legislative and regulatory legal acts on labor protection.
Planning of measures for labor protection and development of programs to improve working conditions and labor protection in the organization
Labor protection planning is an organizational management process carried out in order to ensure safe working conditions for workers on the basis of effective use funds allocated to improve working conditions and safety.
Labor protection work planning is carried out on the basis of:
- promising integrated plans(programs) improving labor protection conditions and sanitary and recreational activities, which are part of programs (if any) for the development of the enterprise;
- current (annual) plans of labor protection measures included in the labor protection agreements of the collective agreement;
- operational (quarterly, monthly) plans for departments (for example, for workshops and sections).
In addition to labor protection measures, the collective agreement and labor protection agreements are being developed:
- monthly work plans for labor protection in the unit;
- plans of the employer's measures to reduce industrial injuries, occupational diseases at work.
Current planning for improving and improving working conditions, reducing industrial injuries and occupational diseases provides for the development of annual work plans or activities.
V this plan includes organizational, technical, sanitary and hygienic, treatment and prophylactic, socio-economic and other measures carried out in accordance with regulatory legal acts on industrial safety and labor protection.
Current (annual) plans are drawn up by annual order No. 1 for the enterprise and agreements on labor protection of divisions, indicating the deadlines and responsible persons. The agreements include the most important measures provided (confirmed by the relevant planning and economic documents) with the material and financial resources necessary for their implementation.
The activities included in the above plans must have appropriate design and engineering and technological documentation, as well as provided with material and technical resources.
The annual plan of measures to improve and improve the working conditions of the subdivision and structural subdivision is drawn up by the head of the subdivision and submitted to the labor protection department, before December 1 of the year preceding the planned one.
The annual plan for improving and improving working conditions, reducing injuries at the enterprise level is formed by the labor protection department on the basis of draft annual plans of divisions and structural divisions sent to it.
Until December 25 of the year preceding the planned one, the labor protection department draws up and submits for approval to the chief engineer / technical director a draft annual plan for improving and improving working conditions, reducing injuries at the enterprise, breaking down this plan by quarters and indicating the responsible executors.
The adjusted and agreed annual plan for improving and improving working conditions, reducing injuries is approved director general in the annual order No. 1.
Operational (quarterly) plans are developed to solve newly emerging tasks to ensure labor safety based on the results of ongoing monitoring of the state of labor conditions and labor protection at the level of divisions and structural divisions, instructions of state supervision bodies and public control over compliance with labor protection requirements and other measures to create safe conditions labor, materials of investigation of industrial accidents, accidents, etc.
V study guide outlines the basic requirements of guidelines for labor protection, organization and safety of the educational process, preparation and conduct of various kinds work on equipment and technology. The manual is intended for heads of departments and services, teachers and employees - in preparation for testing knowledge on labor protection in accordance with the requirements of Art. 225 Labor Code Of the Russian Federation and the Resolutions of the Ministry of Labor and the Ministry of Education. The manual can be used when teaching students according to the training program for specialists - "labor protection engineers". The manual uses references to legislative acts of the Russian Federation and other regulatory legal acts for an independent more in-depth study of issues on labor protection and ensuring fire safety... The manual was developed by the team of the labor protection department of Vladimirsky state university. 1. Collective agreement and agreement on labor protection. The main content and responsibility of the parties for implementation of planned activities. Collective agreement - a legal act regulating labor, socio-economic and professional relations between the employer and employees at an enterprise, institution, organization. The procedure for the development and conclusion of a collective agreement is governed by the Law of the Russian Federation "On Collective Agreements and Agreements". The collective agreement must contain the following sections: 1) the obligations of the administration; 2) obligations of the trade union committee; 3) mutual obligations of the administration and the trade union committee. Labor protection agreement - legal form planning and carrying out labor protection measures, indicating the time frame, funding sources and those responsible for their implementation. Occupational safety measures included in the agreement are grouped into 5 sections: - organizational measures; - technical measures; - medical and preventive and sanitary measures; - measures to provide personal protective equipment; - fire safety measures. 2. The concept of labor protection. Legal acts and responsibility for their implementation. Occupational Safety and Health - a system for ensuring the safety of life and health of workers in the course of work, including legal, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures. The fundamental legislative acts on labor protection are: the corresponding norms of the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Law of 07.24. No. 125 "On compulsory social insurance against industrial accidents and occupational diseases." The Labor Code is a directly applicable piece of legislation. Responsibility for violations of labor protection legislation is set out in: - Code on administrative offenses: Article 5.27.1. Violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 5 to 50 minimum wages. - of the Criminal Code: Article 143. Violation of labor protection rules provides for: - if, due to violation of labor protection rules by a person who was responsible for observing these rules, serious or moderate harm to human health is caused, this person is punished with a fine from 200 to 500 minimum wages or in the amount of salary; correctional labor up to 2 years or up to 2 years in prison; - if a person dies - by imprisonment for up to 5 years (and up to 3 years one cannot hold certain positions). 3. The main provisions of the legislation on labor protection. The main provisions are set out in the main document - the Labor Code of the Russian Federation (Section X, "Labor Protection"). Labor Code establishes guarantees for the exercise of the right of workers to labor protection and determines a unified procedure for regulating relations in the field of labor protection between employers and employees at enterprises, institutions and organizations of all forms of ownership, regardless of the sphere economic activity and departmental subordination and aimed at creating working conditions that meet the requirements of preserving the life and health of workers in the process of work and in connection with it. 4. State supervision and control over compliance with the legislation of the Russian Federation on labor protection. State supervision and control over the observance of legislative and other normative acts on labor protection is carried out by the federal body for supervision and control over labor protection. Officials of state supervision and control bodies (state inspectors) on labor protection have the right to freely visit any enterprises, to investigate accidents at enterprises, to have access to the necessary information, to issue mandatory instructions to officials of enterprises, to suspend the operation of production equipment and the activities of production divisions, to impose fines on officials of enterprises guilty of violation of legislative and other regulations on labor protection. Officials of the state supervision and control bodies are responsible for the fulfillment of the duties assigned to them in accordance with the legislation of the Russian Federation. 5. Rights and guarantees of workers for labor protection. In accordance with Article 219 of the Labor Code of the Russian Federation, each employee has the right to: - a workplace that meets the requirements of labor protection; - compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law; - obtaining reliable information from the employer or government and public authorities on the state of working conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures of protection against exposure to harmful and (or) hazardous production factors; - refusal to perform work in the event of a danger to his life and health until this danger is eliminated; - provision of means of collective and individual protection; - education safe methods and methods of labor at the expense of the employer; - for professional retraining at the expense of the employer in the event of the liquidation of the workplace; - a request for an inspection of labor conditions and labor protection at his workplace by state supervision and control over compliance with labor and labor protection legislation; - appeal to the relevant government authorities, as well as to trade unions on labor protection issues; - personal participation in the investigation of an accident or occupational disease that happened to him; - an extraordinary medical examination (examination) in accordance with medical recommendations with the preservation of his place of work and average earnings; - compensations established by law, collective agreement, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions. The state guarantees the right to labor protection employees participating in the labor process under an employment contract with an employer. The employee's refusal to perform work not provided for by the employment contract does not entail any unreasonable consequences for him. Admission to work of persons who have not passed the established order training and testing of knowledge, norms and instructions on labor protection, is prohibited. 6. Powers of labor collectives in the field of labor protection. The parties to the collective agreement are the employees and the employer. The workers are represented by the primary trade union organization (as a plenipotentiary representative of the labor collective), the employer - by the head of the organization (institution). The trade union committee uses the Collective Agreement as a tool to improve the level of social and labor rights and guarantees of workers and, within the framework of legislative opportunities, protects the rights and interests of trade union members to work in conditions that ensure the preservation of life and health during the period of employment. In the collective agreement, both parties rely on regulations, in the adoption of which the employer takes into account the opinion of the trade union committee or makes a decision in agreement with it. Important areas of joint work are: - organization of joint commissions on labor protection; - organization and holding of review contests on labor protection; - organization and implementation of administrative and public control; - organization and implementation of certification of workplaces; - joint control over the implementation of the labor protection agreement; - discussion of the results of the implementation of measures for labor protection at joint meetings of the trade union committee and the administration. 7. Public control over labor protection. Public control in the labor protection management system is one of the forms of control by the trade union of the state of conditions and labor safety at workplaces, as well as compliance by all officials and employees with the requirements of labor legislation, instructions and others. normative documents on labor protection. Public control does not exclude the conduct of administrative control in accordance with job responsibilities leaders and engineering and technical workers of the organization (institution). Trade unions, represented by their respective bodies and other representative bodies authorized by employees, have the right to: - monitor compliance by employers with legislative and other regulations on labor protection; - to carry out an independent examination of working conditions and ensuring the safety of employees of the enterprise; - take part in the investigation of accidents and occupational diseases at work; - to receive information from managers on the state of labor conditions and safety, as well as on all accidents at work subject to registration; - make demands on the suspension of work in cases of an immediate threat to the life and health of employees; - to check the state of labor protection conditions stipulated by collective agreements or agreements; - to issue to the employer mandatory submissions on elimination of revealed violations of labor protection legislation; - take part in the work of commissions for testing and commissioning of production facilities; - take part in the development and approval of regulations on labor protection; - apply to the relevant authorities with a requirement to bring to justice the officials guilty of violating regulatory requirements on labor protection, concealment of the facts of accidents at work; - take part in the review labor disputes associated with violation of labor protection legislation, obligations established by collective agreements or agreements on labor protection, with a change in working conditions. 8. Obligations of employers to comply with labor protection requirements. The employer must ensure: - safety during operation industrial buildings, structures, equipment, safety of technological processes and used in the production of raw materials and materials, as well as the effective operation of collective and individual protective equipment; - the working conditions at each workplace that meet the requirements of labor protection legislation; - organization of proper sanitary, household and treatment-and-prophylactic services for employees; - the work and rest regime of employees established by law; - the issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents in accordance with the established standards to workers employed in production with harmful or hazardous working conditions, as well as in work related to pollution; - effective control the level of exposure to harmful or hazardous production factors on the health of workers; - compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their work duties; - training, instructing workers and testing the knowledge of workers of norms, rules and instructions on labor protection; - informing employees about the state of working conditions at the workplace, about the existing risk of damage to health and personal protective equipment due to employees, compensation, benefits; - unimpeded admission of representatives of state supervision and control and public control bodies to carry out inspections of the state of labor conditions and labor protection at the enterprise and compliance with labor protection legislation, as well as to investigate industrial accidents and occupational diseases; - timely payment of the fine imposed by the state supervision and control authorities for violations of labor protection legislation and regulations on labor safety and hygiene; - the necessary measures to ensure the preservation of the life and health of workers in the event of an emergency, including appropriate measures to provide first aid to victims; - submission to the supervisory and control authorities of the necessary information about the state of labor conditions and labor protection at the enterprise (institution), the fulfillment of their instructions, as well as about all accidents and injuries to the health of workers at work that are subject to registration; - compulsory insurance of employees against temporary disability due to illness, as well as against industrial accidents and occupational diseases. 9. Benefits and compensation for hard work, work with harmful and hazardous working conditions, the procedure for their provision. For hard work and work with harmful and hazardous working conditions, additional benefits and compensation are provided. Additional benefits and compensation to employees, provided taking into account the specifics of working conditions at a particular enterprise, may be determined by a collective agreement or agreement. By order of the Committee for Higher Education of the Ministry of Science of the Russian Federation of 07.10.92 N 611 "On additional payments for unfavorable working conditions for employees of the system of the Committee for Higher Education" the "Regulation on the procedure for establishing additional payments for unfavorable working conditions for specialists and employees of educational institutions" was put into effect. Additional payments for unfavorable working conditions are established on results of workplace certification or assessments of working conditions for persons directly employed in the works provided for by Lists No. 1 and No. 2 and are calculated for the time of actual employment of workers at such workplaces or in such working conditions. Additional payments to those working in unfavorable working conditions are made: - at work with hazardous, harmful and difficult working conditions - in the amount of up to 12% / inclusive / of the official salary / rate /. In accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation from 31.03.2003, No. 13 and Art. 222 of the Labor Code of the Russian Federation defines the norms and conditions for the free distribution of milk to workers employed in jobs with harmful working conditions (0.5 liters per shift). 10. Features of labor protection for women and youth. It is prohibited to use the labor of women in heavy work and in work with harmful working conditions, as well as in underground work, except for some underground work (not physical work or work on sanitary and household services). The list of heavy work and work with harmful working conditions, where the employment of women is prohibited, is approved in the manner prescribed by law. It is forbidden for women to carry and move weights that exceed the established limits for them. The maximum permissible weight of the load, with the alternation of lifting and moving weights with other work, is - 10 kg; when lifting weights to a height of more than 1.5 m - 10 kg; when lifting and moving weights constantly during the shift - 7 kg. Whole line articles of the Labor Code include provisions such as restricting the work of women at work at night; it is not allowed to involve women in overtime work and work on weekends and to send pregnant women and women with children under the age of 3 on business trips. Women with children between the ages of 3 and 14 cannot be involved in overtime work or sent on business trips without their consent. Pregnant women, in accordance with a medical certificate, can be transferred to an easier job that excludes the impact of unfavorable production factors, while maintaining the average earnings from their previous job. Employment of persons under the age of sixteen is not permitted. In exceptional cases, by agreement with the trade union of the enterprise, persons who have reached the age of 15 can be hired. All persons under the age of 18 are hired only after a preliminary medical examination, and in the future (up to 18 years old) they are annually subject to medical examination in order to establish the suitability of a teenager for the chosen or performed work, and when performing work in unfavorable working conditions, every year honey ... examinations are carried out until the age of 21. By the Decree of the Government of 25.02. No. 162 prohibits the employment of persons under eighteen years of age in heavy work and in work with harmful or dangerous working conditions, as well as in underground work. Other benefits for teenagers are: - Shorter working hours (4 hours for people from 15 to 16 years old and 6 hours for people from 16 to 18 years old); -prohibition to involve them in night and overtime work; -increased vacation (30 calendar days); - preferential terms of remuneration, hiring and dismissal, etc. 11. General principles organization of work on labor protection at enterprise / university /. According to the Labor Code, Article 217, in order to ensure compliance with labor protection requirements, to monitor their implementation, in each organization carrying out production activities with more than 50 employees, a labor protection service (department) is created or the position of a safety specialist is introduced. labor with appropriate training or experience in this area. The Regulation on the service (department) of labor protection is being developed. All labor protection work is carried out in accordance with the "Regulations on the organization of labor protection work", which defines the labor protection responsibilities of all officials of the organization (institution, educational institution). 12. Internal regulations. The main responsibilities of managers and employees to comply with it. The internal regulations have the goal of promoting the education of team members, further strengthening the labor and academic discipline, organization of work and training on a scientific basis, rational use working and study time, high quality work, increasing labor productivity and improving the quality of the educational process. All issues related to the use of internal regulations are resolved by the administration within the rights granted to it. The administration is obliged: - to organize the work of the teaching staff and other employees of the educational institution so that everyone works in his specialty and qualifications, has a job assigned to him, etc .; - to provide healthy and safe working conditions; - improve working conditions, unswervingly comply with labor legislation; operated Technical equipment must comply with the requirements of the rules and regulations for labor protection (safety rules, sanitary standards and etc.); - to ensure the proper maintenance of the premises, heating systems, lighting, ventilation and other equipment; create normal conditions for storing outerwear for employees of an educational institution, graduate students, students and trainees; - deploy modern facilities safety measures preventing industrial injuries and ensuring sanitary and hygienic conditions preventing the occurrence of occupational and other diseases of employees of a higher educational institution, graduate students, students and trainees; - constantly monitor the observance by employees, graduate students, students of all requirements of instructions for safety, sanitation and occupational health, fire protection; - to issue salaries to teachers and other employees of the educational institution. For violations of the internal labor regulations, the perpetrators may receive penalties: reprimand, reprimand, severe reprimand, transfer to a lower-paid job, dismissal (for absenteeism or absence from work for more than 3 hours). For violation of labor protection requirements, the perpetrators may be brought to disciplinary, administrative or criminal liability. 13. Labor relations between the employer and the employee, the procedure for their registration and guarantees of compliance. In accordance with labor legislation, regulation of labor relations and other relations directly related to them can be carried out through the conclusion, amendment, addition by employees and employers of collective agreements, agreements, labor contracts. These legal norms cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation (Labor Code of the Russian Federation, art. 9). The basic rights and obligations of the employee are defined in Article 21 of the Labor Code of the Russian Federation. The employee has the right to provide him with work stipulated by the employment contract. The labor contract implements the constitutional provision on freedom of labor, on the right of everyone to freely dispose of their abilities to work, to choose a type of activity and profession. An employment contract is concluded in writing. Hiring is formalized by order (decree) of the administration of the enterprise, institution, organization. The order is announced to the employee against receipt. The actual admission to work is considered to be the conclusion of an employment contract, regardless of whether the hiring was properly formalized. An employment contract is drawn up in 2 copies and kept by each of the parties to the contract. To restore violated rights, state supervision and control over compliance with labor legislation is carried out, which is carried out by the federal labor inspectorate, special authorized bodies - federal supervision, as well as federal executive authorities, constituent entities of the Russian Federation and local governments with the preparation of relevant documents (acts, instructions and etc.). Labor rights of workers are also protected by trade unions, which set up legal and technical labor inspectorates for this purpose. 14. The main provisions of labor law. The main provisions are set out in the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Law of the Russian Federation "On compulsory social insurance against industrial accidents and occupational diseases", as well as in a number of other regulatory legal acts and departmental documents (Government Resolutions, GOST "s, SNiP "s, SanPiN" s, etc.) containing labor law norms. Objectives labor legislation is the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers. The main tasks labor legislation is the creation of the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as legal regulation of labor relations and other relations directly related to them in: - labor organization and labor management; - employment with this employer; - professional training, retraining and advanced training of employees; - social partnership, the conclusion of collective agreements and agreements; - material responsibility of employers and employees in the labor sphere; - supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms; - the resolution of labor disputes; - compulsory social insurance in cases stipulated by federal laws.
A collective agreement is a local normative act that regulates labor and socio-economic relations between an employer and his employees.
It is in writing, there should be no corrections and errors. It is concluded for at least a year, but not more than 3 years.
A collective agreement may contain a provision on:
1) organization of labor and increasing production efficiency;
2) the duration of working hours and hours of rest;
3) creation of healthy and safe working conditions, improvement of health protection;
4) regulation of internal labor regulations and labor discipline;
5) organization of spa treatment and recreation for employees;
6) the liability of the employer for harm caused to the life and health of the employee;
7) other labor and socio-economic conditions.
An agreement is a normative act containing the obligations of the parties to regulate relations in the social and labor sphere at the level of a certain profession, industry, territory.
Agreements are concluded at the republican (general agreement), sectoral (tariff agreement) and local (local agreement) levels.
The agreement is concluded in writing, there should be no corrections or errors that distort their meaning.
The validity period is the same as for the collective agreement.
The general agreement may contain provisions on (about):
1) development of social partnership and cooperation, prevention of labor conflicts and strikes, prohibition of mass layoffs;
2) the main criteria for the living standards of workers and their family members, including the minimum consumer budget, minimum wage, scholarships;
3) providing employment;
4) labor and environmental protection;
5) other labor and socio-economic conditions.
Tariff and local agreements establish social and labor guarantees and benefits for employees depending on the specifics of the industry or region on the organization, conditions, wages and labor protection, conclusion and termination of employment contracts, etc.
RESPONSIBILITY OF OFFICERS FOR VIOLATION OF BASIC DOCUMENTS ON FROM.
Officials bear disciplinary, administrative, material and criminal responsibility for violation of fundamental labor protection documents.
Disciplinary liability in imposing the following penalties on the perpetrators: remarks, reprimand, severe reprimand, demotion, dismissal.
Administrative responsibility consists in imposing fines on officials (up to 10 minimum wages), for a manager (employer) - up to 300.
Liability involves compensation for damage (the amount is regulated by Articles 402-409 of the Labor Code).
Criminal liability for violation of the rules on health and safety is provided for by the Criminal Code (Article 306). Criminal liability, depending on the offense, provides for the following measures: correctional labor, a fine, release from a certain position (permanently), imprisonment from 1 to 8 years.
Ticket 3
Occupational safety standards system (SSBT), its meaning and structure.
Currently in the Republic of Belarus there is a single SSBT for all sectors of the national economy.
SSBT- a set of interrelated standards containing requirements, norms and rules aimed at ensuring safety, maintaining human health and performance in the labor process.
SSBT is an integral part of the state system of standards.
The following categories of standards have been established:
GOST - state standard;
OST - industry-specific;
PCT - Republican;
STP is an enterprise standard.
For example, GOST 12.4.089-80 SSBT
GOST - an index denoting a state standard;
12 - code of state standards;
4 - subsystem number, indicating the requirements for protective equipment for workers;
089 — serial number in the subsystem;
80 - the last two digits of the year of registration of the standard.
If there is an asterisk after the year of publication (eg, 80 *), this means that the standard has been reissued with amendments.
Subsystem standards 0,1,2,3,4,5 and issues reflected in ntheir.
The standards included in the SSBT are subdivided into subsystems, denoted by numbers from 0 to 5:
O- organizational and methodological standards that establish the structure of the Occupational Safety Standards System, terminology in the field of occupational safety, the classification of hazardous and harmful production factors, the organization of occupational safety training for workers, etc .;
1 - standards of requirements and norms for the types of hazardous and harmful production factors, setting their maximum allowable values, methods of control and protection of workers;
2 - standards for safety requirements for production equipment, those standards are included that establish safety requirements for the design of equipment and for its elements;
3 - standards for safety requirements for production processes, includes standards that establish safety requirements for technological processes, production equipment, workplaces, work hours of personnel;
4 - standards for requirements for protective equipment for workers, establish requirements for protective and hygienic protective equipment, as well as methods for their testing and assessment.
5 - standards of safety requirements for buildings and structures.
Ticket 4
Supervision bodies and control over the observance of labor legislation in the Republic of Belarus.
Supervision and control over compliance with labor legislation is carried out by specially authorized government bodies acting in accordance with the law.
Control is carried out at 3 levels:
State;
Public;
Departmental.
State committee of tr ud - develops draft regulations governing responsibility for the state of working conditions, and monitors the provision of benefits and compensations for unfavorable working conditions.
State Labor Inspectorate- supervision and control over the observance of labor legislation, the imposition of sanctions on employers and officials for its violation, provision of the employer and employees with technical and legal information and recommendations for the application of legislation, coordination of the activities of state supervision bodies, specialized and departmental labor protection inspectorates.
Gospromatomnadzor(State Committee for Supervision of Safe Operations in Industrial and Nuclear Energy) - directs its activities to identify the causes of conditions conducive to accidents and industrial injuries, monitors compliance with safety requirements during equipment operation, blasting operations, etc.
Gosenergonadzor(State Committee for Energy Supply and Energy Supervision) - oversees the use of electrical installations, stations at enterprises and organizations.
State sanitary inspection- monitors the conduct of sanitary and hygienic measures aimed at eliminating and preventing pollution of the external natural environment, as well as monitoring the organization and implementation of measures aimed at reducing and preventing morbidity, guided by the legislation on health care and acts of the Ministry of Health.
SERVICES OF STATE FIRE SUPERVISION- Ministry of Emergency Situations - supervise compliance with the fire regime at facilities
Prosecutor supervision- decides on the responsibility of the person who violated the laws.
Public control carried out by trade unions.
Departmental control- control of departments and ministries.
Responsibility of officials for violation of the law:
disciplinary- consists in imposing the following penalties on the guilty: reprimand, reprimand, demotion, dismissal;
administrative- fine, deprivation of special. rights, warning, corrective labor; material;
criminal- the penalty is determined depending on the severity of the crime and can be in the form of a fine, dismissal, correctional labor or imprisonment for up to 5 years.
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Chapter 7 of the Labor Code, dedicated to the collective agreement, does not mention annexes, however, in the text of this law, the term “annex to the collective agreement” is mentioned. In particular, the internal labor regulations may be contained in the appendix, as well as labor standards and shift schedules or a list that indicates positions with special conditions labor, for example, having irregular working hours.
What is the situation in practice?
V real life such annexes to the collective agreement are often used, as a provision on bonuses, on how collective bargaining should be carried out, norms on the provision of all kinds of material assistance or about wages.
If you follow the logic, it will become clear that, for example, the annex to the contract and the local normative act are different by its legal nature, since the second is not only an independent document, but the procedure for its creation is completely different.
What to choose?
Local regulation, as a rule, is accepted and approved by the employer without taking into account the opinion of employees, however, taking into account such an opinion may be mandatory if it is expressly stated in the collective agreement. A local normative act cannot establish norms that indicate a worse position of an employee in comparison with other acts that speak of labor law norms.
Collective bargaining agreement with annexes is a product of the activities of both parties, his imprisonment is very lengthy. Among other things, it must be registered, and this procedure is connected with the fact that it is checked by the appropriate body, which can propose changes. Thus, if the matter concerns such basic issues as, for example, wages, then it is more expedient for this document to be drawn up as a local legal act, and not as an annex to the collective agreement.
Appropriate design of applications
The annexes to the collective bargaining agreement have been duly drawn up, therefore it is necessary to comply with a set of rules:
- The text of the collective agreement must mention it (indicating the number);
- Each appendix must be numbered;
- The sheets of the appendix are numbered independently (the number is put from the second sheet, and the first sheet remains without numbering);
- The head of the structural unit that developed this application must sign this application.
It should be noted that in the document flow it is possible to put a horizontal line so that unnecessary words, phrases or even whole sentences are not added to the document.
Labor protection agreement and collective bargaining agreement
This method will help insure against forgery of a part of the text. If you still have questions about the annexes to the collective agreement, you can contact qualified lawyers who will tell you how best to draw up this or that document, what are the rules and procedure for its execution.
Labor contract N 7/12
Society with limited liability"Zarya", hereinafter referred to as the "Employer", represented by the director Aleksey Alekseevich Alekseev, acting on the basis of the charter, on the one hand, and Ivan Ivanovich Belov, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement on the following:
1. The Subject of the Agreement
1.1. The employee is hired in structural subdivision OOO Zarya is a fitter by profession.
1.2. The employee is set probation: 3 months.
The probationary period does not include the period of temporary incapacity for work, as well as other periods when the Employee was absent from work for valid reasons.
If the test result is unsatisfactory, the Employer has the right to terminate the test before the expiration of the established test period. labor contract with the Employee, notifying him of this in writing not later than three days in advance, indicating the reasons for recognizing the Employee as having failed the test.
If, during the trial period, the Employee comes to the conclusion that the work performed by him is not suitable for him, then he has the right to terminate the employment contract under on their own by notifying the Employer about this in writing three days in advance.
1.3. Work for the Employee in this organization is the main place of work.
1.5. This employment contract comes into force from the moment it is signed by the parties.
2. The rights and obligations of the employee
2.1. The employee has the right:
- to provide him with the work specified in clause 1.1 of this employment contract;
- for timely and full payment of wages;
- for compulsory social insurance;
- to rest in accordance with labor legislation;
- for compensation for harm and compensation for moral damage caused to the Employee;
- to conclude, amend and terminate an employment contract in the manner prescribed by the Labor Code of the Russian Federation;
- to protect rights, freedoms and legitimate interests in all ways permitted by law;
- other rights granted to employees by the labor legislation of the Russian Federation.
2.2. The employee reports directly to the director A.A. Alekseev.
2.3. The employee is obliged:
2.3.1. Assemble and install complex meshes and flat frames, double meshes weighing more than 100 kilograms and simple space frames.
2.3.2. Assemble reinforcement for structures to be concreted in movable formwork.
2.3.3. Carry out the installation of reinforcement from individual rods with the layout of the locations according to the drawings in slab bases, beamless and ribbed floors, flights of stairs, span structures of bridges.
2.3.4. Carry out the installation of anchor bolts and embedded parts in complex structures.
2.3.5. Carry out the installation of embedded ventilation parts and pipe penetrations of nuclear power plants.
2.3.6. To fulfill in good faith the duties assigned to him by the employment contract.
2.3.7. Observe the internal labor regulations established in this organization, production and financial discipline.
2.3.8. Take good care of the property of the Employer, observe the requirements and rules of labor protection.
2.3.9. Observe the confidentiality of information and information constituting a commercial secret of the Employer.
2.3.10. In the event of situations that pose a threat to the life, health of people, safety of the property of the Employer, inform the Employer about this immediately.
2.3.11. Comply with the safety requirements provided for by applicable law.
3. Rights and obligations of the Employer
3.1. The employer has the right:
3.1.1. Demand from the Employee the proper performance of the labor duties established by this labor contract.
3.1.2. Require the Employee to respect the property of the Employer.
3.1.3. Require the Employee to comply with the internal labor regulations and other local acts of the Employer.
3.1.4. Bring the Employee to disciplinary and material liability in cases stipulated by the legislation of the Russian Federation.
3.1.5. Encourage the Employee in the manner and in the amount stipulated by the labor legislation of the Russian Federation.
3.1.6. Exercise other rights provided by the labor legislation of the Russian Federation.
3.2. The employer is obliged:
3.2.1. Provide the Employee with the work specified in clause 1.1 of this employment contract.
3.2.2. Pay for the work of the Employee in the amount established by clause 5 of this employment contract.
3.2.3. Provide a safe working environment in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
3.2.4. To familiarize the Employee with the internal labor regulations and labor protection requirements.
3.2.5. Carry out social insurance of the Employee against industrial accidents and occupational diseases.
3.2.6. Perform other duties stipulated by labor legislation.
4. Working hours and rest hours
4.1. A shorter working day is established for the employee (the profession of a fitter is included in the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day).
4.2. The employee is given annual leave with a duration of: basic - 28 calendar days, additional - 12 calendar days. In this case, the additional vacation is summed up to the main vacation with a duration of 28 calendar days.
When performing work outside the established working hours, at night, weekends and non-working holidays, the Employee is paid the appropriate additional payments:
- overtime work is paid in the amount of 100 rubles, while for the first two hours of work not less than one and a half amount, for the next hours - not less than double the amount (Article 152 of the Labor Code). At the request of the Employee, overtime work may be compensated by providing additional rest time, but not less than the time worked overtime;
- work on weekends and non-working holidays is paid in double amount (Art. 153 Labor Code).
5. Terms of remuneration
5.1. For the performance of work stipulated by this employment contract, the Employee is paid salary in the amount of 20,000 rubles. per month.
5.2. Wages are paid at the Employer's cash desk on the 15th and 30th day of each month in accordance with the internal labor regulations. If the day of payment coincides with a day off or a non-working holiday, payment of wages is made on the eve of this day (Article 136 of the Labor Code of the Russian Federation).
5.3. For work in harmful working conditions, the Employee is paid an additional payment in the amount of 12% of the tariff rate.
5.4. The employee is provided with free milk or other equivalent food products. The free milk dispensing rate is 0.5 liters per shift, regardless of its duration.
5.5. The conditions and amounts of incentive payments by the Employer to the Employee are established in accordance with the regulations on remuneration and material incentives.
5.6. From the wages 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 for the intended purpose.
6. Warranties and compensations
6.1. During the validity period 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. Responsibilities of the parties
7.1. In the event of non-fulfillment or improper fulfillment by the Employee of the duties assigned to him by this labor contract, the rules of the internal labor schedule, labor legislation, he bears disciplinary, material and other responsibility in accordance with the current legislation of the Russian Federation.
7.2. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.
8. Termination of an employment contract
8.1. This employment contract is terminated:
- by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
- at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
- at the initiative of the employer (Art.
Collective agreement
71, 81 of the Labor Code of the Russian Federation);
- due to the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
- as a result of the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (Article 74 of the Labor Code of the Russian Federation);
- due to the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job (Article 73 of the Labor Code of the Russian Federation);
- due to the employee's refusal to transfer to work in another locality together with the employer (Article 72.1 of the Labor Code of the Russian Federation);
- due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
- on other grounds provided for by the Labor Code and other federal laws.
9. Final provisions
9.1. The terms of this employment contract are binding legal force for the parties.
9.2. Changes and additions to this employment contract are formalized by an additional written agreement of the parties.
9.3. 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.
9.4. The Agreement is drawn up in two copies with equal legal force, one of which is kept by the Employer, and the other - by the Employee.
10. Addresses and details of the parties
Employer: Zarya LLC
Worker: Belov I.I.
I got the second copy of the employment contract.
Comments:
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Normative acts on labor legislation and legislation on labor protection, adopted at the federal level, concretize, supplement in local normative acts adopted at the enterprise level. Such acts include a collective agreement, an agreement on labor protection, an employment contract, internal labor regulations, enterprise standards, individual orders on labor protection issued by the employer, etc.
A collective agreement is a legal act regulating social and labor relations in an organization, concluded by employees and the employer represented by their representatives. Its content and structure are determined by the parties to the collective agreement.
In accordance with Art. 41 of the Labor Code of the Russian Federation, a collective agreement may include mutual obligations of the employer and employees on the following issues: the system of remuneration, payment of various benefits, compensations; regulation of wages taking into account the rise in prices; regulation of working hours and rest time; improvement of working conditions and safety of workers, including women, youth; issues of environmental safety, etc.
The section "Conditions and labor protection" includes the employer's obligations to:
Allocation of funds for labor protection measures;
Retraining of employees for new professions due to medical indications that do not allow them to work in hazardous or harmful working conditions;
Provision of compensations for work in these conditions that are increased in comparison with those provided for by legislation (longer additional leave, and the main one too, higher additional payments to the tariff rate or salary, etc.);
Provision of overalls and other PPE in excess of standard norms (shortening the wearing period, increasing the number of issued PPE units);
provision of workers of hot shops with salted carbonated water, vitamin preparations, construction and equipment of rest rooms, sanitary facilities;
Delivery of workers to work and from work home by the transport of the enterprise, provision of food in workshops with partial or full payment at the expense of the employer;
Establishment, at the expense of the employer, of cash and material benefits to victims of accidents or members of their families;
Other obligations at the discretion of the contracting parties.
You should not include in the collective agreement the conditions already provided for by law (in particular, the Labor Code of the Russian Federation), since their observance is already the employer's responsibility. So, to provide paid leave of 28 calendar days, timely conduct briefings on labor protection, at the expense of the enterprise to carry out medical examinations, pay double the amount of work on weekends and non-working days, etc. the employer is obliged even without concluding a contract! It should include conditions that in some way improve the position of workers in comparison with the current legislation. At the same time, it is impossible to include in it conditions that infringe on rights, reduce the level of benefits, compensations, guarantees for employees established by law. Such conditions will be considered illegal and unenforceable.
So, in some collective agreements we have seen the following provisions: annual paid leave is reduced by the number of days of absence or drunkenness at work; for violation of the rules of the internal labor schedule, transfer to a lower-paid position or job follows; the purchase of branded clothing (note, by the way, not even overalls!) with the company logo is carried out at the expense of the employee, etc. All of them are unacceptable, since they worsen the position of workers in comparison with the current legislation and, moreover, they contradict it.
essay. Collective agreement and labor protection agreement
A collective agreement is concluded for a period not exceeding three years, but it can be extended by the parties for a period not exceeding three years. Control over the implementation of the collective agreement is carried out by representatives of the parties to the collective agreement.
The legislation of the Russian Federation provides for administrative liability (in the form of a fine) of persons representing the employer and of persons representing the employees for evading the conclusion or signing of a collective agreement, as well as for failure to fulfill the obligations stipulated by the collective agreement (Articles 54, 55 of the Labor Code of the Russian Federation; Article 5.28 –5.33 Administrative Code of the Russian Federation (fine up to 5000 rubles)).
6. PROVISION OF LABOR CONDITIONS AND PROTECTION OF EMPLOYEES
The parties agreed jointly:
6.1. In accordance with Art. 226 of the Labor Code of the Russian Federation to determine the procedure for financing and the amount of funds allocated for the implementation of measures to improve conditions, labor protection and safety (the amount of funds allocated for their implementation cannot be less than that provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the Chuvash Republic).
6.2. Develop (revise the current) instructions on labor protection and provide them with all workers in the organization (institution) by belonging.
6.3. To carry out, in the prescribed manner, training, instructing and testing the knowledge of workers on labor protection.
Collective agreement and labor protection agreement (sample)
Ensure control over compliance with legislative and other regulations on labor protection.
6.4.1. To form on a parity basis the labor protection commission (composition of the commission - Appendix No. ___) and provide conditions for its effective work, as well as authorized (trusted) persons of the labor protection trade union committee.
6.4.2. The employer organizes training for members of the labor protection commission once every three years, and for those newly elected to it no later than one month from the date of election. For the period of training, employees retain their average earnings.
6.4.3. Members of the labor protection commission, authorized persons of labor protection committees are provided with the necessary normative literature, rules and instructions on labor protection.
6.4.4. To fulfill the assigned tasks, members of the labor protection commission and authorized persons of the labor protection committee are provided up to _____ per week with the preservation of average earnings.
6.5. Consider issues related to the working conditions and labor protection of employees of the organization (institution), and develop measures to improve them.
6.6. Implement measures to organize and design offices and corners for labor protection, as well as other measures to promote and disseminate best practices in labor protection.
6.7. Determine the degree of responsibility of officials and employees of the organization for violation of legislative and other regulatory requirements for labor protection and failure to fulfill obligations in this area.
6.8. Organize control over the state of labor conditions and labor protection in the divisions and the implementation of the labor protection agreement.
6.9. Regularly consider at joint meetings of representatives of the Employer and the Trade Union Committee or another elected body authorized by the Employees, labor protection committees (commissions) issues of the implementation of the labor protection agreement of this collective agreement (Appendix No. ____), the state of labor protection in the divisions and inform
6.10. The employer, in accordance with the current legislative and regulatory legal acts of the Russian Federation on labor protection, undertakes:
6.10.1. To allocate funds in the amount of ___ rubles for labor protection measures provided for by this collective agreement.
6.10.2. Conduct a special assessment of working conditions in accordance with Federal Law of the Russian Federation No. 426 of 12/28/13, in the following divisions (specify the list or Appendix No. ___).
6.10.3. Provide Employees with information about the state of working conditions at the workplace, the existing risk of damage to health, measures taken to protect against exposure to harmful or hazardous production factors, personal protective equipment issued, compensations stipulated by the current legislation. Inform Employees about their duties in the field of labor protection.
6.10.4. Ensure the implementation of the Employees' right to refuse to perform work in cases of imminent danger to their life and health until this danger is eliminated.
6.10.5. Provide professional retraining and employment of Employees at the expense of the organization in cases of suspension (closure) of an organization or its subdivision, liquidation of a workplace due to unsatisfactory working conditions, as well as in cases of disability due to an accident or occupational disease.
6.10.6. Conduct training and testing of knowledge on labor protection of Employees within the time limits established by regulatory legal acts on labor protection.
6.10.7. Provide timely and high-quality conduct instructions on labor protection for Employees, organize training in safe methods and techniques for performing work and providing first aid to victims.
6.10.8. Provide training of persons entering work with harmful and (or) hazardous working conditions, safe methods and techniques for performing work with an internship at the workplace and passing exams, conducting their periodic training on labor protection and testing their knowledge of labor protection requirements during the period of work.
6.10.9. Arrange medical examinations of Employees in a timely manner, who are obliged to undergo preliminary (upon admission to work) and (or) periodic medical examinations.
6.10.10. Provide:
- the issuance of special clothing, special footwear and other personal protective equipment, detergents and neutralizers to the Employees in accordance with the established norms for the list of professions and positions, as well as their issuance in excess of the established norms at the expense of the organization (Appendix No. __);
- repair, drying, washing of special clothing and special footwear, as well as its neutralization and restoration of protective properties.
6.10.11. Provide Employees engaged in work with harmful and hazardous working conditions with the following compensation:
- additional leave and reduced working hours according to the list of professions and positions (Appendix No. __);
- additional payment to the tariff rate (salary) ___% for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix No. __ (to assess working conditions at each workplace, data from a special assessment of working conditions, certification of workplaces are used);
- milk or other equivalent products according to the list of professions and positions (Appendix No. __);
- therapeutic and prophylactic nutrition according to the list of professions and positions (Appendix No. __).
6.10.12. Establish an additional one-time cash allowance for Employees (members of their families) to compensate for harm caused to their health as a result of an industrial accident or occupational disease during the performance of labor duties in the following cases:
- death of the Employee ____ minimum wages, as well as payment of bills and expenses related to burial;
- receipt by the Employee of disability __ of the minimum wage;
- loss of the employee's ability to work, which does not allow him to perform work duties at the previous place of work, __ the minimum wage.
6.10.13. Timely indexation of the amounts of compensation for harm caused to the Employee by injury, occupational disease or other damage to health associated with the performance of their labor duties.
6.10.14. Carry out compulsory social insurance of Employees against industrial accidents and occupational diseases.
6.10.15. Provide working conditions and labor protection for women, including:
- to restrict the employment of women in work at night;
- to carry out a set of measures to remove women from heavy physical work and work with harmful and hazardous working conditions;
- allocate jobs in subdivisions (indicate which ones) exclusively for the employment of pregnant women who need to be transferred to light work.
6.10.16. Provide working conditions for young people, including excluding the use of labor of persons under the age of 18 for heavy physical work and work with harmful working conditions.
6.10.17. Provide documents and information to the Pension Fund, necessary for the appointment of early labor pensions for old age.
6.11. The trade union committee undertakes.
6.11.1. Ensure control over the state of labor conditions and safety and the implementation of the Agreement on labor protection, including the expenditure of funds allocated for these purposes.
6.11.2. Regularly consider at its meetings issues of the implementation of the measures of this collective agreement and the Agreement on labor protection and inform employees, members of the Trade Union about their implementation or measures taken.
6.11.3. Timely (indicate the time frame) to consider the appeals of employees - members of the Trade Union.
6.11.4. Monitor the correctness of the calculated compensation payments to employees - members of the Trade Union for damage caused to health in connection with industrial accidents and occupational diseases.