How is compensation for harmful working conditions calculated? Compensation for harmful working conditions

Additional payment to employees for work in hazardous working conditions

Employees engaged in industries associated with harmful working conditions, in addition to the usual salary, have the right to count on a certain additional payment. Such amounts are intended to at least partially compensate for the adverse effects of harmful factors on the human body. The obligation of the employer to make additional payments for harmful working conditions is established in articles 146 and 147 of the Labor Code of the Russian Federation. They talk about the need to establish increased wages for employees whose work is performed in harmful and dangerous conditions. However, in this case, it must be understood that such working conditions should only be recognized as a result of a special assessment of working conditions (SOUT). It is carried out according to the rules prescribed in the law No. 426-FZ of December 28, 2013 "On a special assessment of working conditions" ...

Employees engaged in industries associated with harmful working conditions, in addition to the usual salary, have the right to count on a certain additional payment. Such amounts are intended to at least partially compensate for the adverse effects of harmful factors on the human body.

SUPPLEMENTS FOR HARMFUL WORKING CONDITIONS

The obligation of the employer to make additional payments for harmful working conditions is established in articles 146 and 147 of the Labor Code of the Russian Federation. They talk about the need to establish increased wages for employees whose work is performed in harmful and dangerous conditions. However, in this case, it must be understood that such working conditions should only be recognized as a result of a special assessment of working conditions (SOUT). It is carried out according to the rules prescribed in the law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions”.

Remember, all employers must go through this procedure. It is carried out at least once every five years in relation to all workplaces of employees. In addition, it is necessary to carry out an additional assessment outside the plan when newly organized workplaces are put into operation, upon receipt of an appropriate order from the labor inspectorate, with radical changes in working conditions, after an accident at work or when an occupational disease is identified, as well as upon receipt of an appropriate motivated proposal from the trade union .

If, after the conduct of the inspection, the working conditions are recognized as harmful, then the employees of the relevant positions must establish an additional payment. And vice versa, if, according to the conclusion, the workplace is recognized as safe, then such an additional payment for harmful working conditions is not established, since there are no harmful conditions themselves (part 4 of article 219 of the Labor Code of the Russian Federation).

Accordingly, the factor of the presence of harmful conditions or, conversely, their absence is considered valid until the next special assessment. Consequently, additional payments to employees will be made only in those periods when the workplace is attested with the corresponding “dangerous” status. If this status has changed, then the company issues an order for additional payment for harmful working conditions.



How the surcharge for harmful working conditions is calculated is discussed in the already mentioned article 147 of the Labor Code. In particular, the amount of such additional payments in its minimum amount should be 4 percent of the tariff rate or salary in force for similar types of work with normal working conditions. At the same time, this issue should be resolved taking into account the opinion of the workers' representative body. The specific amounts of additional payments for harmful working conditions are prescribed in the collective and labor contracts.

An example of calculating the additional payment for harmful working conditions

According to the results of a special assessment of the workplaces of the production unit of Alpha LLC, the working conditions in the specified unit were recognized as harmful from April 10, 2017. On the same date, the company issued the relevant documents on the establishment of a 5% bonus for employees of this division, signed the relevant additional agreements to labor contracts, and made adjustments to the collective agreement.
The calculation of the salary of an employee of a unit with a salary of 40,000 rubles for April will be:

5 working days before SOUT x (40,000 rubles: 20 working days per month) + 15 working days after the special assessment x (40,000 rubles: 20 working days per month) x 1.05 = 41,500 rubles.

If the company is located in the regions of the Far North or territories equivalent to them, and, therefore, wages to employees are paid using a regional coefficient, then this coefficient is also applied to the additional payment for harmful conditions.


PENALTY FOR NON-PAYMENT OF SUPPLEMENT FOR HARMFUL WORKING CONDITIONS



Incorrect calculation of "harmful" surcharges, or their complete absence in situations where it is necessary to pay them, is fraught with a set of penalties for the employer. In this case, liability arises as for non-payment of part of the salary itself. First of all, we will talk about the accrual of compensation to employees for the delay in part of the due amounts. It is calculated, recall, as one hundred and fiftieth of the key rate in force during the period of delay on the amount of debt for each day of delay.

A negligent employer will be obliged to pay compensation to the employee, but before the budget he may have a penalty debt. Penalties for delaying even part of the payment of wages are provided for in part 6 of Article 5.27 of the Code of Administrative Offenses.

Their amount for an organization is from 30,000 to 50,000 rubles, for an official - from 10,000 to 20,000 rubles, and for an individual entrepreneur - from 1,000 to 5,000 rubles. We should not forget about criminal liability, according to Article 145.1 of the Criminal Code. In some cases, it provides for measures up to imprisonment for the director of a company that does not pay wages.

Publication source:

Work in harmful and dangerous conditions is compensated by higher wages and other preferences. The legislation of the Russian Federation entrusted the employer with establishing the degree of severity of the working conditions of employees. Events have been held since 2014 under the new rules. Now a special organization, under an agreement with the enterprise, certifies jobs. When changing external factors, this often leads to the abolition of harmfulness, and consequently, a decrease in compensation.

We will analyze under what conditions the special regime of labor is removed. What is the deadline for the manager to make changes to the employment contract. What formalities need to be completed.

The legislative framework

The classification of the complexity of working conditions is given in article 14 of the law of 12/28/13. This normative act regulates the rules for establishing harmfulness and danger at work. The event is carried out according to the following logic:

  1. The employer concludes an agreement with the evaluation commission and transfers documentation to its employees;
  2. Specialists organize an assessment of each workplace and draw conclusions about the degree of danger or severity, including in the context of work stages (classes of working conditions are established);
  3. The results of the activities of specialists are drawn up in the form of an act.
Attention: the assessment act is the basis for amending the employee's employment contract.

Why remove harm


approved in the USSR. The Decree of October 25, 1974 is still valid. A lot has changed in the industry over the years:

  • new technologies have appeared to make work easier;
  • modern equipment was invented and put into production;
  • jobs that didn't exist before.

The changes led to the need to conduct a serious audit of existing production facilities. The reform was necessary for two subjects of economic relations:

  • employers paying preferential amounts under the articles of the Labor Code;
  • the state, which assumes the social protection of citizens.
For information: with the introduction of the law, a lot of work began on the re-certification of places of work. It often leads to the transfer of a position from a difficult class to a regular one.

What should an employer do

The management of the enterprise receives attestation acts from the employees of the evaluation commission. Documentation must be approved within ten days. If there are doubts about the correctness of the assessment, then a claim is drawn up. This can be taken to court.

The adopted acts are a guide to action. All personnel documentation must be brought into line with the conclusion of specialists. The following work is being done:

  • employees are warned about 2 months before the change in conditions (Article 74 of the Labor Code of the Russian Federation);
  • for each, additions to the employment contract are drawn up;
  • the latter are carried out by order of the enterprise;
  • changes must be agreed with the trade union organization or other representative body;
  • employees are invited to sign an addendum to the agreement on the abolition of benefits for harmfulness or danger.
Attention: the basis for issuing an order and an addition to an employment contract is an attestation act. Its details must appear in the documents.

At the same time, the employer has the right to leave unchanged the employment contracts of employees whose working conditions have changed for the better. In this case, employees lose the right to guarantees for harmful working conditions under the law.

Do you need on the subject? and our lawyers will contact you shortly.

Design subtleties


The methodology for organizing the interaction of the parties in the elimination of heavy duty is described in the Labor Code of the Russian Federation. This provides for the signing of an additional agreement. Theoretically, both the boss and the employee can be the initiator. The order is:

  1. The personnel officer prepares draft additional agreements for each employee whose work regime has changed. The legislation does not provide for such a document in a special form. You should rely on the text of the employment contract with the employee;
  2. Employees should be notified of changes in writing.

Employees are notified about the results of verification activities and the corresponding changes in a notification form. The document must contain the following information:

  • title: "On changing working conditions";
  • personal information of the addressee: full name;
  • date of change in payment;
  • the reason for such a decision (refer to the certification sheet and the TC);
  • sentence:
    • agree with the innovation;
    • get a different place of application of forces at the same enterprise;
  • a warning about the rupture of relations in the order of the Labor Code (reduction) in case of refusal to switch to a new regime;
  • publication date;
  • leader's signature.
Hint: the notice is issued to the employee against signature or sent by letter with acknowledgment of receipt.

It is also possible to make appropriate changes to the employment contract by agreement of the parties (Article 72 of the Labor Code of the Russian Federation).

Download for viewing and printing:

What is a worker to do


The citizen who received the notification must choose the most advantageous offer. He can:

  • agree to the cancellation of part of the guarantees and a reduction in wages (for example, they will stop paying for harm);
  • ask to be transferred to another place where the guarantees are preserved;
  • refuse.

In case of refusal, the employment relationship is broken due to serious changes in working conditions. The procedure is described in the TC:

  • a person is warned two months in advance about the new state of affairs;
  • the personnel officer sends information about the release of employees to the Employment Center;
  • after two months, the person is fired (in some cases, severance pay is paid);
  • the unemployed gets registered with the employment authorities and receives the appropriate allowance.
Tip: in a conflict situation, employees can file a complaint with the State Labor Inspectorate. Specialists will check the legality of canceling payments for complexity and harmfulness.


You will learn:

  • In what cases and what compensations are provided to employees working in hazardous working conditions
  • How to set the right salary
  • How to arrange a shortened working day and the provision of leave when working in harmful working conditions

IN WHAT CASES AND WHAT COMPENSATIONS ARE PROVIDED?

The main result of a special assessment of working conditions (hereinafter - SAUT) is the definition of a class of working conditions at the workplace. If, according to the results of the SOUT, it turns out that employees work in harmful and (or) dangerous working conditions, then the employer must provide them with various compensations for working in such conditions. Otherwise, he may be held administratively liable under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

According to Part 1 of Art. 14 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" ® (as amended on 05/01/2016; hereinafter - Federal Law No. 426-FZ) working conditions are divided into four classes according to the degree of harmfulness and (or) danger - optimal, permissible, harmful and dangerous.

The assignment of working conditions at the workplace of an employee to the 3rd or 4th class of harmfulness implies the provision of certain compensations to him, depending on the degree of harmfulness. It:

  • salary supplement;
  • additional leave;
  • reduced working hours.

Provision ("+") / non-provision ("-") of compensations to employees, depending on the class (subclass) of hazardous working conditions established by the SOUT, is reflected in the table:

According to Art. 92, 94, 117, 147 of the Labor Code of the Russian Federation, the employer must provide appropriate compensation to employees. But in practice, questions often arise about how to do this. Let's consider several situations.

If compensation is provided for the first time

In Soviet times, compensations were provided to employees working in hazardous working conditions in accordance with the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22 “On approval of 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” (hereinafter referred to as the “List”). The employer only needed to check whether there are positions from the staff list or work actually performed by employees in the List.

Later, the concept of providing compensation changed: first, the priority of attestation of workplaces was legally established, and then, to determine the hazard in the workplace, SOUT. Currently, in order to determine the need to establish compensation, the norms of the Federal Law No. 426-FZ and the Labor Code of the Russian Federation require the conduct of an SA at the workplace.

If earlier the employer did not provide compensation to employees for one reason or another (the certification of workplaces was not carried out, and if it was carried out, then the working conditions were determined as acceptable or optimal, or the organization did not have workplaces for which compensation was relied on according to the List) , and now, by conducting the SATS, it has been determined that the working conditions of workers are harmful, then the employer should establish appropriate compensation for work in such conditions.

The Constitutional Court of the Russian Federation, in Ruling No. 135-0 dated February 7, 2013, indicated that compensations are provided to all employees employed in work with harmful and (or) dangerous working conditions, including those whose professions, positions or work performed are not provided for by the List, if their work under the influence of harmful and (or) dangerous factors of the production environment and the labor process is confirmed by the results of certification of workplaces for working conditions (and now SOUT).

If compensation has previously been provided

Employees, according to the List or the previous attestation of workplaces, were provided with appropriate compensation. Suppose the organization that provided them, after 01/01/2014, conducted a SATS. As a result, the following results are possible:

  1. The class of harmfulness of working conditions has been confirmed - guarantees and compensations must be provided in the same amounts as before the SOUT.
  2. According to the results of the SOUT, it turned out that compensation should be less than before.

In part 3 of Art. 15 of the Federal Law of December 28, 2013 No. 421-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On a Special Assessment of Working Conditions”” (hereinafter - Federal Law No. 421-FZ) states that when providing employees employed in jobs with harmful and (or) dangerous working conditions, compensatory measures, the procedure and conditions for the implementation of such measures cannot be worsened, and the amounts reduced in comparison with the procedure, conditions and sizes of compensatory measures actually implemented in relation to employees as of 01.01 .2014 subject to maintaining appropriate working conditions at the workplace.

Thus, the amount of compensation provided to employees whose workplaces, based on the results of the certification or due to other legal grounds (normative legal acts of the former USSR), have established harmful working conditions, at the time Federal Law No. 426-FZ enters into force, should be maintained until improvement working conditions at these workplaces, which is confirmed by the results of the SOUT. This position is also supported by judicial practice.

The courts also hold that an employer's failure to provide compensation in the past does not deprive employees of the right to receive it now.

If the working conditions of an employee have improved, becoming safer (due to the installation of new equipment, reconstruction, etc.), the scope of guarantees and compensations is reduced. Judicial practice confirms that if the harmful factor is excluded, there is no need to provide compensation.

NOTE

When deciding on a change in compensation, the employer should be especially careful, since an unreasonable decrease in the level of guarantees can be recognized by the state labor inspectorate as a violation of the law, for which the employer can be held administratively liable (Resolution of the Court of the Jewish Autonomous Region dated June 23, 2015 in case No. 4- A-29/2015).

HOW TO ESTABLISH COMPENSATIONS FOR WORK IN HARMFUL CONDITIONS?


Determine the amount of compensation

It is necessary to take into account:

1. The minimum sizes established in the Labor Code of the Russian Federation:

  • the amount of wage increases for employees employed in jobs with harmful and (or) dangerous working conditions should not be less than 4% of the tariff rate (salary) established for various types of work with normal working conditions (Article 147 of the Labor Code of the Russian Federation);
  • the minimum duration of the annual additional paid leave for employees whose working conditions at the workplace, according to the results of the SOUT, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or dangerous working conditions, is 7 calendar days (Article 117 of the Labor Code of the Russian Federation);
  • reduced working hours are set no more than 36 hours a week and no more than 8 hours a day (Articles 92, 94 of the Labor Code of the Russian Federation).

2. Branch (interbranch) agreements.

When setting the amount of compensation, you should check whether the organization is subject to industry agreements.

For example p, the Industry Agreement on the coal industry of the Russian Federation for the period from April 1, 2013 to March 31, 2016 of 04/01/2013 determines that for workers employed in jobs with especially difficult, dangerous and especially harmful working conditions, according to special lists , tariff rates are increased by 10% and 20%.

If the organization is subject to sectoral (intersectoral) agreements, compensation should not be provided in a smaller amount than specified in the agreements.

3 . Union opinion.

If the organization has a trade union, the specific amount of compensation is set by the employer, taking into account his opinion (in the manner established by Article 372 of the Labor Code of the Russian Federation).

Fix the provision of compensation in local regulations

According to Art. 189 of the Labor Code of the Russian Federation, the mode of work and rest time of employees (including information on the additional leave provided and the reduced working day) should be reflected in the Internal Labor Regulations (PVTR; example 1).

Local norms on increased wages for workers working in hazardous working conditions, as a rule, are reflected in the Regulations on wages (example 2).

Provide for a compensation clause in the employment contract

Part 2 of Art. 57 of the Labor Code of the Russian Federation, it is established that in an employment contract with an employee, both the working conditions at the workplace and the guarantees and compensations provided to the employee must be prescribed.

Increased wages, reduced working hours, additional leave - all these conditions for the employer necessary reflected in the employment contract with an employee working in hazardous working conditions, directly at the conclusion of it with a new employee and in an additional agreement to the employment contract - for those already working in the organization.

It is unlikely that the employee will object to the establishment of additional compensation, however, in the absence of his consent, such changes are possible if there are reasons and in compliance with the procedure provided for in Art. 74 of the Labor Code of the Russian Federation.

In example 3 - a fragment of registration in the employment contract of the condition for granting additional leave.

Provide compensation

Increased wages.

Surcharge (surcharge) for work in hazardous working conditions is calculated monthly as a percentage of the salary (tariff rate). It must be reflected in the employee's pay slip, since it is part of the salary (part 1 of article 129 of the Labor Code of the Russian Federation), and according to part 1 of art. 136 of the Labor Code of the Russian Federation, the employer, among other things, is obliged to notify in writing each employee of the constituent parts of the wages due to him for the relevant period.

Question on topic

In organizationswho have branches in the northern regions, is the district coefficient charged only on the amount of salary or on the amount of salary increased by the amount of additional payment for harmful working conditions?

According to the Clarification approved by the Decree of the Ministry of Labor of Russia dated September 11, 1995 No. 49, the letter of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 169-13, regional coefficients and percentage allowances are charged on the actual monthly earnings of the employee. The actual monthly earnings of an employee, on which regional coefficients and percentage allowances are calculated, include: wages accrued to the employee at tariff rates (official salaries) for hours worked, allowances and additional payments to tariff rates (official salaries), compensation payments related to the regime work and working conditions, bonuses and remuneration provided for by the organization's remuneration systems or bonus regulations, and other payments established by the organization's remuneration system. Therefore, the allowance for work in hazardous working conditions should be included in the wages on which the district coefficient is to be calculated (Appeal rulings of the Supreme Court of the Republic of Karelia dated April 29, 2014 in case No. 33-8080/2014). Much less common in the calculation of the regional coefficient is different approach: both the regional coefficient and the additional payment for work in harmful working conditions are calculated directly from the salary (tariff rate) (Appeal ruling of the Trans-Baikal Regional Court of November 19, 2013 in case No. 33-4228-2013). To introduce legal certainty, the employer should fix the method of calculation in the LNA.

Additional vacation.

The beginning of additional leave is planned in the vacation schedule, it is provided according to the order in the same way as the next annual leave.

According to paragraphs. 8, 9 Instructions on the procedure for applying 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, approved by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P-20, additional leave, according to the List, is granted to the employee simultaneously with annual leave.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked under the appropriate conditions (part 3 of article 121 of the Labor Code of the Russian Federation). Thus, in order to calculate the length of service, the employer must:

Determine the number of full months of work in harmful and (or) dangerous working conditions, for which it is necessary to divide the total number of days of work in appropriate conditions during the year by the average monthly number of working days. If the balance is less than half of the average monthly number of working days, it is excluded from the calculation, if half or more, it is rounded up to the full month (letter of Rostrud dated 18.03.2008 No. 657-6-0).

Reduced working hours.

By virtue of Art. 91 of the Labor Code of the Russian Federation, the employer keeps records of the time actually worked by each employee, including in the case of work in harmful and (or) dangerous working conditions. The time sheet must reflect the reduced working time (letter code "LCH" (digital - "21") - reduced working hours against the normal working hours in cases provided for by law).

Topic questions

Is it possible for an employee working in hazardous working conditions to increase working hours from 36 to 40 hours?

Part 3 of Art. 92 of the Labor Code of the Russian Federation provides for the possibility of increasing the duration of working hours from 36 hours to 40 hours, but under the following conditions:

    this norm should be enshrined in an industry (inter-sectoral) agreement and a collective agreement;

    there must be a written consent of the employee, drawn up by concluding a separate agreement to the employment contract.

    The employee's consent to an increase in working hours must express. Sometimes employers forget about this, and then the court takes the side of the employee (Decision of the Mezhdurechensk City Court of the Kemerovo Region dated April 30, 2014 in case No. 2-867/2014~M-659/2014);

    the employee should be paid compensation.

Can the inspector issue an order to pay overtime if employees have been set 40 hours of working time instead of 36 hours in violation of the law?

Often, employees turn to the labor inspectorate with a complaint that the employer does not provide compensation for work in hazardous working conditions (for example, does not pay overtime). As a result, labor inspectorates often order payments to be made. Employers dispute such prescriptions as issued by inspectors in excess of their competence. In accordance with the Convention of the International Labor Organization No. 81 “On Labor Inspection in Industry and Trade” dated 07/11/1947 (adopted in Geneva on 07/11/1947 at the 30th session of the ILO General Conference, ratified by Russia on 04/11/1998), the labor inspector was not granted the right to issue instructions binding on the employer in labor disputes. This position is confirmed by judicial practice (Appeal rulings of the Saratov Regional Court dated September 11, 2014 No. 33-5170, the Supreme Court of the Komi Republic dated December 12, 2013 in case No. 33-6287 / 2013).

Appeal rulings of the Moscow City Court of July 30, 2015 in case No. 33-26906/15, of the Murmansk Regional Court of March 4, 2015 No. 33-353/2015, of the Bryansk Regional Court of January 14, 2014 in case No. 33-87/14; Decision of the Leningrad Regional Court dated June 3, 2014 No. 7-785/2014.

Workers in Russia can count on full protection of their work. And in this regard, only the Labor Code of Russia does not always work.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

There are other provisions that regulate the features of additional payment for harmful working conditions in 2020. Since in this area a high proportion of support is needed for employees.

Important information

Additional payments for work with harmful conditions are provided in accordance with clear requirements. Not every citizen can count on such allowances.

Certain legislative documents establish:

  • a list of professions that can receive allowances and are considered harmful, dangerous;
  • the procedure for recognizing a profession and jobs as dangerous for labor or negatively affecting the health of workers.

Based on these indicators, it is possible to carry out the procedure of requirements for the employer to receive allowances. Although this moment is provided by the legislation of the Russian Federation.

Since the laws clearly state that the implementation of all the norms that the employer must comply with is supervised.

What is the additional payment for harmful working conditions. Each employee can independently determine for himself this list of expenses - from medicines to the organization of treatment and vacation.

Basic concepts

Among the most important terms to know are:

Working conditions These are the conditions that the employer provides for combining work activities within the framework of his position to each employee
Surcharge Cash payment that is due for certain labor actions. It can be both processing and work in difficult or dangerous conditions.
personal income tax Tax collection, which is established by the state to receive income from the funds that an individual earns
Order A document that is responsible for providing any information for execution

List of professions in a particularly difficult situation

Such professions are those that are in the following areas:

  • metallurgical production;
  • production of coke and extraction, processing of coal;
  • oil and gas industry;
  • chemical production;
  • radio electronics, electrical engineering;
  • metalworking;
  • nuclear power;
  • glass production.

These are the main areas that can be considered dangerous and harmful to work. But there is also a division within these professions - into two lists:

Classification of negative impact

There are several classes into which all working conditions are divided:

First grade Responsible for optimal conditions. At such a workplace, a citizen receives normal working conditions and the employer makes sure that the person has such conditions in which working capacity increases.
Second class Includes those conditions that are characterized as acceptable. Usually, during the rest from work, all negative effects and manifestations disappear and do not affect working capacity and life activity in the future.
Third class Includes harmful conditions in which a worker can get health problems
fourth grade Provides hazardous conditions. In them, such an impact is possible, as a result of which the employee may receive disability. Frequent and occupational diseases

As for the degrees of danger, there are also four of them:

Legal grounds under the Labor Code of the Russian Federation

When analyzing such a topic, be sure to pay attention to the legislative framework. If it is necessary to receive an additional payment to the wage rate, it is often necessary to be guided precisely by regulatory legal acts and provisions from them.

The main law in this area will be the Labor Code of the Russian Federation. Article 147 contains the most important information - how is the remuneration for workers in such areas of work.

Payment for harmful working conditions for the hours actually worked also occurs at an increased rate. And allowances are laid even in the case of part-time work.

Article 213 establishes those features in accordance with which medical care is provided to such workers. After all, it is extremely important to monitor their health.

Article 117 refers to additional leave for workers with harmful working conditions. In accordance with the law, it is possible to receive this vacation not in days of rest, but in the form of monetary compensation.

Federal Law No. 426 “On the Special Assessment of Working Conditions” provides information on what factors can be considered harmful. More details are in article 13.

Decree of the State Committee for Labor of the USSR No. 298 / P-22 “On approval of the List of industries, workshops, professions ...” also contains those professions, in accordance with which the mandatory accrual of additional payments to wages is carried out.

How is the additional payment for harmful working conditions based on a special assessment

In order to receive an additional payment, it is necessary to establish what class of difficulty and what degree was assigned to this profession. The legislation of Russia establishes that those professions that are assigned to the 3rd or 4th class / degree are subject to mandatory additional payment.

Photo: the procedure for establishing compensation for work in harmful working conditions

Initially, the company must undergo a special assessment of working conditions. It is on the basis of the conclusion of the SOUT that the class and degree of risks to the health of workers are assigned..

In the future, the employer must enter these indicators into the collective agreement and make appropriate additional payments.

Design mechanism

There are several ways to issue an allowance at the enterprise:

After the enterprise has passed the examination of the SOUT, the employer issues an order. This document should include the following:

  • what are the results of the review of working conditions;
  • what positions to employed employees fell under the need to make additional payments.

The order itself will look like this:

It can be filled out both for a specific employee, and in general for production positions. It all depends on the size of the organization.

Surcharge amount

The labor legislation of Russia regulates the amount of additional payment that the employer must carry out. The law establishes an indicator as a percentage in relation to the wage rate.

Photo: features of additional payment for harmful working conditions

And the minimum amount of such an allowance should be 4%. However, the employer may set a higher amount of additional payment.

After that, documentation is created to establish these agreements:

In accordance with these documents, the markup indicator is being set. But regardless of the profession and other indicators, the percentage of the allowance will not be lower than 4%. In this regard, the legislation does not plan to change.

Calculation procedure

To begin with, the procedure for certification of working conditions is carried out. Only after this procedure it is possible to carry out calculations.

There are several factors that are taken into account in the calculation. Accountants use a standard document of provisions and accrue wages in accordance with it.

This document assumes the following options for coefficients:

This percentage is applied to wages. And depending on the salary, the size of the allowance and the final salary will be calculated.

Who is responsible for non-payment

There are separate commissions that control payments - these are Rostrud and the State Labor Inspectorate.

The issues of establishing and the procedure for providing and determining the amount of payments and compensations for work in harmful conditions are covered in the Federal legislation and are mandatory for execution in all subjects of the Russian Federation. The accrual of these payments and compensations is lawful only after a special assessment of the conditions for the implementation of activities and attestation of the workplace

The issues of establishing and the procedure for granting and determining the amount of payments and compensations for work in a harmful and hazardous environment are determined by Federal legislation and are binding in all subjects of the Russian Federation.

Federal regulations are by-laws and issued on the basis of and in pursuance of:

↯ More articles in the journal

  • federal laws;
  • federal constitutional laws;
  • orders and decrees of the Government and the President of the Russian Federation.

Payment for harmful working conditions 2017: letters from the Ministry of Labor

Normative legal acts are aimed at clarifying the procedure for applying the norms of the current legislation and do not contradict it. However, the letters of the federal executive authorities do not refer to normative legal acts, therefore, they do not include mandatory prescriptions and norms.

In particular, the letter of the Ministry of Labor No. 15-1/SCHSHG-486 of May 20, 2014, drawn up on the basis of Federal Laws No. 426-FZ of December 28, 2013 and No. 421-FZ of December 28, 2013, provides clarifications on issues the procedure for determining and granting payments and compensations for performance of work in hazardous and hazardous working conditions .

In accordance with this, changes introducing minimum amounts and a differentiated procedure for payment for the harmfulness of working conditions in 2017, depending on the classes or subclasses of working conditions at workplaces identified during a special assessment, were made to Articles 92, 117 and 147 of the Labor Code of the Russian Federation.

The Ministry of Labor also clarifies that, although there are significant differences in the procedures for attestation of workplaces and special assessment of working conditions, they are generally identical. Therefore, when determining additional rates for insurance contributions to the Pension Fund of Russia, it is necessary to take into account the classes and subclasses of labor conditions that are established based on the results of an assessment of the compliance of the working environment with the standards specified in the current regulatory legal acts.

The letter of the Ministry of Labor of the Russian Federation No. 16-3/10/2-6752 of 09/04/2014 states that payments and compensations for activities in harmful and hazardous to health medical organizations are established on the basis of a list approach based on the grounds for referring to a particular profession , division or position, while labor legislation establishes the principle of payment for the harmfulness of working conditions 2017 based on the real state of the working situation at each specific place. In this regard, a special assessment of the conditions for the implementation of activities should be carried out on the basis of objective and measurable parameters.

In the event that the workplace is recognized as optimal, acceptable and its harmfulness to the employee is not proven, the specified guarantees, payments and compensations are subject to cancellation.

In addition, Government Telegram No. 15-0/10/P-7498 dated 12/19/2014 recommends that in the event of an objective establishment of acceptable working conditions at the workplace of certain categories of workers and chief doctors of medical institutions, compensation and payments previously provided to them for harmful and dangerous operating conditions, to maintain the level of remuneration of these workers, depending on performance indicators.

It is unacceptable to reduce the wage fund of workers in the medical industry and maintain its achieved level (in accordance with Decree of the President of Russia No. 597 of 07.05.2012).

The procedure for providing guarantees and compensations to medical workers for harmful working conditions

The amount of guarantees and compensations, to which, based on the results of attestation of workplaces, the specified payments are established in full, cannot be reduced. The same applies to employees of medical institutions, at whose workplaces, according to the results of a special assessment of working conditions, the hazard class, previously established by the results of attestation of workplaces, was confirmed (Part 3 of Article 15 of Federal Law No. 421-FZ of December 28, 2013).

For employees of medical organizations whose workplace hazard class was reduced after a special assessment, the amount of compensation guarantees and compensations is reduced and established in accordance with local regulations adopted in this medical institution, as well as taking into account the current legislation. However, it should not be less than the minimum amount established by Articles 92, 117 and 147 of the Labor Code of the Russian Federation. The employer does not have the right to provide compensation for the harmfulness of working conditions to employees whose workplaces are recognized as safe according to the results of a special assessment of working conditions.

However, it must be remembered that the reduction in the volume or the complete abolition of payment for harmful working conditions in 2017 entails changes to the employment contract. They can be possible both by agreement between the employee and the employer (Article 72 of the Labor Code of the Russian Federation), and in the manner established by Article 74 of the Labor Code of the Russian Federation for situations where technological or organizational working conditions have been changed.

In order to avoid a sharp drop in the salary of an employee of a medical institution, the head, depending on the financial situation of the health facility, has the right to use the opportunities provided for by the current legislation.

Thus, the payroll may include:

  • additional social bonuses and guarantees;
  • the possibility of adding additional criteria for assessing the effectiveness of activities for the calculation of incentive payments (for certain categories of employees).

These payments are mandatory regardless of the financial situation of the medical organization. It is possible to mark them only by agreement of the parties to the employment contract or due to changes in working conditions.

Therefore, when establishing additional payments, it is necessary to keep in mind the grounds for their accrual in order to avoid overspending the wage fund.

Employees of medical organizations hired after January 1, 2014 receive the specified guarantees and compensations in accordance with the procedure specified in the legislation in force from 01/01/2014. It must be remembered that payment for the harmfulness of working conditions in 2017 without a special assessment and attestation of the workplace is illegal, since it is these procedures that provide the basis for its establishment.

In accordance with Part 2 of Article 219 of the Labor Code of the Russian Federation, the amount and procedure for providing guarantees and compensations to medical workers employed in work with harmful and working conditions are provided in the manner specified in Articles 92, 117 and 147 of the Labor Code of the Russian Federation.

 

It might be useful to read: