Conduct special assessment of working conditions. Terms of special assessment of working conditions. Material validity period

Since the beginning of 2014, the Federal Law No. 426-FZ No. 426-FZ operates (hereinafter referred to as the law on the FMS). His provisions completely abolished certification of jobs, and instead of it introduced a new procedure for analyzing the harmful work factors - a special assessment of working conditions (hereinafter - they are soooed).

Despite the fact that the transition period is still lasting, and for many, the deadline will become December 2018, labor inspections are already carried out next and unscheduled inspections, revealing thousands of violations. In order not to impose penalties and recovery on yourself, employers should understand innovations as early as possible.

Essence of special vehicle working conditions

They are in essence, is a verification and evaluation of independent experts working conditions at predetermined workplaces. If labor is associated with harmful and dangerous impacts, a specialized organization produces the necessary instrumental measurements and, having established the impact of the conditions on people's workers there, assigns one of the possible classes to work in the workplace:

Optimal; permissible;
Harmful; dangerous.

The results will depend on the results, the amount contributed by the employer for its employees to the FIU, as well as the magnitude of the benefits, relying workers (additional leave, abbreviated working day, etc.).

A decrease in the influence of detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the costs of the employer in compensation and guarantees provided by the employees engaged in hazardous production. It turns out the better the working conditions of employees, the less will have to pay to the employer.

Who needs to be sought?

The law on the obligation to finance and the organization of the Special Procedure is assigned to all employers - legal entities and individual entrepreneurs who have employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs conducting activities without hiring employees;

2) Employers - individuals.

What is subject to special seating?

The working conditions of employees are assessed by the physical parameters of their jobs, i.e. Places under the control of the employer to which employees need to arrive to fulfill their job duties. According to the law on the efforts, all employees should be evaluated, except for those who:

works at the employers - individuals;
works at home;
performs remotely.

Verification of working conditions is carried out on all workplaces, taking into account their similarity. Similar works are recognized as:

are in the same type of zones possessing the same conditions for lighting, ventilation and heating;
equipped with the same manufacturing equipment and personal protective equipment;
support the work of employees with the same positions and labor functions.

Despite the fact that only a fifth part of similar jobs (but at least two) is being inspected, the results of the special price conditions apply to all similar places.

Terms of holding planned

From 2014 to 2018, the legislators have provided a transition period during which the results of previously conducted job certification will be valid and there may be a phased implementation of an assessmental event. Nevertheless, there are jobs where they need to be made immediately. The law on the emergence lists the timelines given by employers to receive primary results of planned special seats for various job groups:

1) at workplaces certified to entry into force of the law, Special fees are performed until the end of the results of the certification, i.e. For five years from the moment of its conduct.

Important! At the initiative of the employer, the early conduct of the planned special price is possible. This may be required in the case when working conditions in the workplace from the moment of certification have been improved, and according to the results, the employer plans to reduce its costs for providing guarantees and compensation to preferential categories of employees.

2) at workplaces, operating and not subject to certification earlier:

but) Special price is carried out until December 31, 2018, if the type of these jobs is not listed in paragraph. 1, 2 h. 6 of Art. 10 of the Law on Committee. This list includes employee jobs, whose duties are connected exclusively with:

work on computers;
periodic use of printers, copier, as well as household appliances.

However, the process of the organization itself is to be able to pledge and not postpone at the end of 2018. After all, the attractive demand for expert services and the uploading of specialized organizations - appraisers at the end of the transition period can create conditions in which the results of the FIU will be impossible at the specified time.

b) Special fees are made immediately, if the type of these jobs is included in paragraph 1, 2 h. 6 of Art. 10 of the Law on Committee. Such work places include those work on which employees provide:

early retirement retirement;
guarantees and compensation due to dangerous and harmful working conditions.

When the five-year term ends The results of the primary wage, the need for re-evaluation arises, but only in those employers who had previously identified dangerous or harmful working conditions. For employers who have in the hands of the Declaration of Confusing jobs with established standards (of course, if the working conditions have not changed and remained safe) the action of the recorded primary results are extended for the next five years, reducing the cost of the employer to conduct special price activities.

If it does not arise circumstances that abolish the action of the declaration, it, according to experts, will work further, because the law o will not provide for the number of possible renewals. However, judicial practice has not yet been formed on this issue and it is possible that other opinions may soon arise.

In what cases is required unscheduled?

The transitional period does not apply to unscheduled special seats, which means there are already all employers who have events listed in Art. 17 of the Law on Committee, within six months, is obliged to carry out unscheduled measures to assess the working conditions. To the conditions that cause an unscheduled will be related:

the emergence of new jobs, including only registered employers;
a change in the production process, the composition of the materials used and other factors that may affect the harm and danger of labor for workers;
profile care of an employee or an accident at work, the emergence of which is associated with dangerous working conditions;
trade union requirement;
prescription of labor inspection.

Who conducts a special assessment of working conditions?

To identify potentially dangerous factors, measurement of the norms, as well as for the results of the results, the employer must attract a specialized organization on the basis of civil law contract. In addition, it is possible to conclude a voluntary insurance contract in parallel to minimize the risk of damage in the process of measurements, research and other points of work of experts.

Given the requirements of the law on the FIU in terms of the independence of experts, restrictions are superimposed on the list of persons permitted to conduct special origin. For example, the founder of the organization's checked organization or his close relative will be fulfilled.

Specialized organizations should also comply with the conditions registered in the law, compliance with which is confirmed by the Certification of the Ministry of Labor and the Including in the Special Register, open to familiarization on the site. www.rosmintrud.ru.. Including, until December 2018, firms previously admitted to certification of jobs will also be included in this registry and having accreditation certificate valid on the current date.

Before entering into an agreement on the implementation of the company with any company, the employer must check its compliance with all the requirements of the legislation. Otherwise, the results of the Special Procedure of labor conditions carried out can be canceled by the Labor Inspectorate, and the employer will have to carry out the costs of repeated, unscheduled assessment.

Results of a special assessment of working conditions

The results of the soot are issued as a reporting of an expert organization according to the Ministry of Labor approved. The document reflects a list of specific jobs and classes and subclasses of working conditions for them. The results are started to act from the date of signing the report and oblige the employer:

listed in the FIU additional (for "harmful" classes - from 2 to 7% and "dangerous" - 8%);
provide the necessary guarantees and compensation to employees;
provide employees with the means of necessary protection;
carry out events affecting the minimization and elimination of the harmfulness and danger of production factors;
control over the safety of job safety included in the "optimal" and "permissible" classes.

With a report, all employees whose jobs have been acquainted during the next 30 calendar days have been checked during the battle. If the employee does not agree with the results, he is entitled to request the State Experts regarding his workplace. If the results are not satisfied with the employer's organization, he may apply to the Ministry of Labor and Social Security, to appeal unfounded or inaccurate test results and re-special.

In addition, over the next month, the results will be commonly laid out by an employer organization to the official website (if available). The territorial body of the FSS is notified in the time limits provided for the current reporting, and the information is given by inclusion in section 10 forms of 4-FSS.

Responsibility for violations in the field of

For the first year, the action of the law on the FIU was recorded more than 23 thousand, and in half of 2015 - over 11 thousand facts of non-compliance with labor legislation. According to the Federal Labor Service and Employment, analyzing the identified violations, the most common misconducts of the employer are:

1) Nebri scope is in cases where it is necessary;

2) Disadvantages to the results of the results are sooo;

3) Violation of the procedure for conducting in part:

unacqualities of a specialized organization;
the lack of a commission or the unacciation of its employees;
analysis of not all relying jobs;

4) Lack of proper registration of the results of a special assessment of working conditions;

5) Non-submission in the proper amount of guarantees and compensation on the basis of the assigned classes of working conditions.

By responsibility for violations in the field of social, both the organization that allowed misconduct and its officials (head, a specialist in labor protection or other, which, due to the position or order of the Director, is entrusted with the responsibility for the implementation of the Southern Republic). Moreover, the application of punishment to a legal entity can be made simultaneously with the involvement of responsible employees to the administrative responsibility, which comes from the analysis of Part 3 of Art. 2.1 Administrative Code.

Administrative punishment for the nevertal education or violation of the organization of the organization is determined in accordance with Art. 5.27.1 Administrative Code, and its form and size depends on a number of factors:

for whom it applies (legal entity, IP or official);
attraction to the responsibility primary or retest;
lack of threat to life and health (warning or penalty) or damage to employees (suspension of activities and disqualification of persons) due to the offense of the employer.

In particular, the dimensions of fines are provided:
For organizations - 60-80 thousand rubles. at primary and 100-200 thousand rubles. when re-prompted;
For IP and officials - 5-10 thousand rubles. with primary and 30-40 tons. When re-prompted.

When the violation led to the emergence of a threat to the health of people or an accident, the punishment can be applied in the form of suspending the activities of a legal entity or IP for 90 days, and officials involved in responsibility are disqualified for a period of up to 3 years.

Conclusion

The state is trying to protect its citizens and provide them with certain rights, including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing an obligatory assessment of the harmfulness and danger of labor conditions, legislators minimize the likelihood of injuries or diseases obtained at work.

It pleases that when conducting state regulation in the field of labor protection, not only "whites" in the form of fines and penalties for failure to comply with the requirements of the law on the EU, but also "gingerbread", providing a conscientious employer at least additional costs and continuous extension of the conformity declaration. In addition, behind the employer, in time and high-quality organized by itself, even reports to the state information system can send a specialized firm that has been evaluated.

In accordance with Part 3 of Article 3 of the Law of the N 426-FZ, all jobs are subject to special assessment regardless of the organizational and legal form of the Organization. The exceptions are, as well as employees who have entered into labor relations with non-IP.

The deadline is no later than 30 working days from the date of approval of the Special Assessment Report.

The form of the declaration is according to Appendix No. 1 to the order of the Ministry of Labor of Russia of 07.02.2014 N 80N (as amended by the Order of the Ministry of Labor of Russia dated November 14, 2016 N 642N).

The Declaration is submitted by the employer to the State Labor Inspectorate in the subject of the Russian Federation at the place of its location or finding its branch or representation personally or mailing with the description of the investment and the notice of the presentation. It is allowed to send a declaration in the form of an electronic document signed by a qualified EDS of the employer, by filling out the appropriate form on the official website of Rostrud (not available for all subjects of the Russian Federation).

The deadline for the declaration is 5 years from the date of approval of the report on the conduct of a special assessment. Upon expiration and in the absence of circumstances, from Part 5 of Article 11 of Law No. 426-ФЗ, the period of action of the declaration is extended for the next 5 years. Thus, it is not required to re-decide on declared workplaces.

It is also worth noting that the Declaration can only be filed with respect to the jobs on which it was a special assessment that was carried out, and not the certification of jobs under working conditions, the validity of which did not expire.

With classification by working conditions, it seems to be clear, what are job classes?

This classification that combines workplaces by groups and one of the important criteria for this separation is the level of working process mechanization. Each group has its own recommendations on the organization of labor that the employer should adhere to the employer. Such groups now exist five: workplaces for handmade, places for machine-handmade, mechanized jobs, automated jobs, hardware jobs. Read more about their differences.

How to spend a special assessment at the IP, if his office is in the apartment?

With regard to the working conditions of the obscons, a special assessment.

When introduced into the staff schedule of a new position, at what period do you need a special assessment? In the case of moving the organization to another room, is it necessary to conduct a special evaluation re-?

If the introduction of a new position schedule, as well as the transfer of the Organization to another room, you can equate to commissioning of newly organized jobs, then an unscheduled special assessment of working conditions is carried out at such workplaces within 12 months from the date of the onset of these cases (in accordance with clause 1 of Part 1 of Article 17 of the Law of N 426-FZ).

According to the results of a special assessment, the electro-gas welder is charged with a salary of 4%, but this employee does not work on welding. How does the surcharge pay in this case? Based on time spent in harmful conditions?

It is advisable to increase the salary of the employee at least 4 percent of the tariff rate (salary) and install extra charge not only during the time spent directly in harmful working conditions, and for all the time of work.

In accordance with Article 147 of the Labor Code of the Russian Federation, the remuneration of workers employed in works with harmful working conditions is established in an increased amount. The minimum size of increasing remuneration to employees engaged in works with harmful working conditions is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions. At the same time, the Labor Code of the Russian Federation does not provide for the remuneration of workers engaged in work with harmful working conditions, in an increased amount only in the time actually spent in harmful working conditions. Such an opportunity established by the Labor Code of the Russian Federation (Article 121) only with respect to annual additional paid leave by workers engaged in works with harmful (dangerous) working conditions.

In June, we get the result of a special assessment. There are employees for add. tariff. From what period should be charged extra. Tariff: since June or you can before?

Calculate add. The tariff is necessary from the date of entry into force of the results of a special assessment, i.e. From the date of approval of the report on the conduct of a special assessment of working conditions.

And how to evaluate: can it be done on your own or need to contact specialized companies?

The law establishes that the assessment can hold specialized organizations with all necessary and compulsory certified equipment for this. After all, it is possible to measure such indicators as humidity, illumination, vibration and TP. And here without specializable equipment can not do. To make sure that the company is authorized to make such an assessment, it is worth checking out its availability in the registry on the site of the Ministry of Labor. Ecostar company, partner of this issue of card files, registered with this list under

The procedure for conducting is secured by law and in some parts contains sufficiently liberal provisions. For example, according to paragraph 6 of Article 27, in relation to some jobs, special fees can be carried out in stages and should be completed by December 31, 2018. However, the courts are ambiguously suitable for the interpretation of this provision and bring contradictory solutions (for example, the definitions of 11.11.2014 No. 11-11968 / 2014 and from 02.26.2015 No. 33-5865 / 15), and the fines for the non-learning of this event may be up to 200 000 rubles.

Woof:

Special assessment of working conditions for the first time must be carried out on time not exceeding 12 months from the date of creation of a new workplace. If the organization operates more than 12 months, and the certification of jobs (ARMS) or a special assessment of working conditions has never been carried out, then it is necessary to carry out a special price, or yesterday.

safe work of its employees;
labor protection of their employees;
informing workers about the conditions in which they work, etc.

safe working conditions;
obtaining information on harmfulness conditions at its workplace.

That is, the employee has the right to demand from the employer to provide information about the degree of risk for his health, which can be exposed to harmful or hazardous production factors (even sitting in front of the monitor screen). And if the employer does not provide such information, the employee has the right to receive this information Contact the state supervision authority to comply with legislation.

In this case, the employer is waiting for a fine to 80,000 rubles and a written prescription of the need to organize a special price. Otherwise, the administrative suspension of the enterprise activity is up to 90 days.

Periodicity of holding

The validity period of special production conditions is 5 years. The time of time begins from the date of approval of the evaluation report for each individual workplace. The results of this event can be reduced to two options when:

harmful factors during the conduct were not detected;
harmful factors are identified and classified accordingly.

Harmful factors are not detected

If in the course of the special price, there were no harmful and hazardous production factors, such a workplace is subject to declaration into the territorial body of the Federal Service for Labor and Employment for compliance with the working conditions by the regulatory requirements of labor protection.

In this case, if over the next 5 years, the reasons for an unscheduled special section will not appear in relation to this workplace, then after this period there is no need to repeat, the declaration is considered automatically extended.

And what time it is necessary to do in the future (if it should be done at all), the law does not report ..

Harmful factors have been identified and classified

In this case, the period of action of a special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and it is necessary to begin to organize new special fees. By the expiration of the five-year period, the employer must have ready-made results of certification, that is, no interrupt is allowed.

Certification of the workplace

ARM is, in fact, the same as special price, only with another name. Therefore, if the employer conducted AWP until 01.01.2014, then the current legislation allows it to not organize and not conduct any additional activities, the entire validity period will be full until the date of completion of the results of this certification, of course, if there are no grounds for carrying out an unscheduled.

Terms of unscheduled soot

In case of circumstances, two time periods are provided for the legislation to conduct an unscheduled special purpose - 6 and 12 months, depending on the cause.

6 months

Special assessment of working conditions must be carried out during the specified time if:

the employer received an order to carry out unscheduled special fees;
production is beginning to use new materials or raw materials that can harm employee health;
new means of individual and collective protection are introduced (it is possible to reduce the class of harm, respectively, can be reduced payments for harm);
there was an accident (with the exception of an accident in the production of third parties);
the medical commission establishes the fact of a professional disease;
a letter from the trade union is received about the need for an unscheduled special price.

12 months

Southew must be carried out for the specified time if:

new jobs are introduced into operation;
technological processes are changing, manufacturing equipment that are able to influence the level of impact of harmful or hazardous production factors.

Terms of measures based on the results

From the date of the approval of the report on the results, the employer must:

within 3 working days, notify the approval of the organization that carried out;
no later than 30 calendar days under the signature, familiarize employees with the results of the special seating;
no later than 30 calendar days in the presence of the site on the Internet, place information about the results of the current and the list of activities to improve the conditions for labor protection conditions.

Term of storage of materials of special assessment of working conditions

The deadline for compiling a report on

It is established by the order by the employer when organizing this event at the stage of formation of the Commission.

Shelf life of materials

It is 45 years old, however, if, as a result, there will be harmful or hazardous production factors and working conditions will be revealed, and working conditions will be appropriately classified for harmfulness and danger, such materials must be stored for 75 years.

Material validity period

Materials based on the results of special fees are valid for the entire period of establishing the relevant hazard class or the term of the declaration of conformity of working conditions by state regulatory requirements for labor protection.

21.08.2014

Special assessment of working conditions

From January 1, 2014, federal laws of 28.12.2013 NN 426-FZ "On a special assessment of working conditions" (hereinafter referred to as Federal Law N 426-FZ) and 421-FZ "On Amendments to Selected Legislative Acts of the Russian Federation In connection with the adoption of the Federal Law "On Special Evaluation of Working Conditions" (hereinafter referred to as the Federal Law N 421-FZ). In accordance with the Federal Law of the N 421-FZ, the Wedroud Code of the Russian Federation amended, which abolish the procedure for certification of workplaces under labor conditions and introduced The procedure for a special assessment of working conditions.

From May 1, 2016, the Federal Law No. 136-FZ "On Amendments to Article 11 of the Federal Law" On Individual Personalized Accounting in the Mandatory Pension Insurance System "and the Federal Law" On Special Assessment of Working Conditions "" came into force.

With regard to workplaces, the working conditions on which, according to the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or permissible, with the exception of the jobs specified in Part 6 of Art. 10 of the Federal Law N 426-FZ "On a special assessment of working conditions", the employer is filed clarified Declaration of compliance of working conditions by state regulatory requirements of labor protection (hereinafter - the Declaration on the FREE) with the inclusion of workplaces in it.

The updated declaration is submitted to places subject to special price in 2014, 2015 and until May 1, 2016. and not declared before that time. For a special price conducted after May 1, 2016. And to the present, the restriction of submission of the declaration in 30 working days from the date of the statement of the report on the implementation of the report continues.

Declaration is fed by the employer on time no later than 30 business days Since the approval of the report on the conduct of a special assessment of working conditions (hereinafter - special price). For violation of the term and rules for filing the declaration of the employer may be attracted to administrative responsibility.

The declaration of conformity of labor conditions is compiled by the employer and is submitted to the State Labor Inspectorate in the city of Moscow or sent by the Postal Department with the description of the investment and the notice of the presentation.

To submit a declaration by mail

support letter with contact phone number

The order of the Ministry of Minthouse of Russia dated November 14, 2016 N 642n) - 1 copy. original

· Declaration on electronic media (Word, in DOCX format, (disk / flash drive)

The declaration can also be filed in the form of an electronic document signed by a qualified electronic signature of the employer, by filling out the form of the Declaration on the official website of the Federal Service for Labor and Employment (Rostrud) at the link: https://declaration.rostrud.ru/.

The preparation of the declaration and submitting it to the State Labor Inspectorate in the city of Moscow is the obligation of the employer (Part 1 of Art. 11 of the Law N 426-FZ). The Declaration is submitted in the form according to the order of the Ministry of Labor of Russia from 07.02.2014 N 80N (Ed. Dated November 14, 2016) "On the form and procedure for submitting a declaration of compliance of working conditions by state regulations for labor protection, the procedure for the formation and register of declarations of conformity of labor conditions by state regulations labor protection "(as amended by the order of the Ministry of Labor No. 642n from 14 11.2016)

The deadline for the declaration is 5 years since the approval of the report on the conduct of a special assessment (part 4 of article 11 of the Law N 426-FZ). This period is extended every five years if the circumstances will not arise during this period, which according to Part 5 of Art. 11 of the Law N 426-FZ may lead to its termination (for example, an accident at work with an employee engaged in a declared workplace) (Part 7 of Art. 11 of Law N 426-FZ).

The register of experts conducted by the communion is posted on the site of the Ministry of Labor of Russia on the link: http://akot.rosmintrud.ru/sout/experts/.

Documents required to provide in the State Labor Inspectorate in Moscow:

· Declaration of conformity of working conditions (form of 80n (as amended by the Order of the Ministry of Labor of Russia dated November 14, 2016 N 642N) - 2 copies. (Original + copy)

· Conclusion of experts on the results of a special assessment of working conditions (copy)

· Title list of report ("Approve") (copy)

· Declaration on electronic media (Word, in DOCX format,) (flash drive, return)

· Consolidated statement of the results of a special assessment of working conditions

Materials must be brought to the State Labor Inspectorate in the city of Moscow at:

E.A. Shappowed, lawyer, k. Yu. n.

Special price: just about complex

We understand the nuances of the special price, providing guarantees to employees and payment of contributions by its results

From this year, all organizations are required to carry out special fees part 1 Art. 28 of the Law of December 28, 2013 No. 426-FZ (hereinafter referred to as Law No. 426-FZ). And it is fraught with fines from next year. We will tell about some nuances.

Who concerns special price

Small enterprises should also carry out special

Even if you have only 2 people work - director and accountant, - you need to carry out special fees. No exceptions for small enterprises no, and no matter what your number is in h. 3 tbsp. 3 of Law No. 426-FZ. And your director should personally participate in the Commission on Special Farm E h. 3 tbsp. 9 of Law No. 426-FZ.

No activity does not exempt from special price

If only one director and the company does not lead to the company, the special price must be carried out if the director has a workplace outside the house. If he fulfills the duties of the director at home, then carry out special fees not over.

For remote jobs and supervisors do not need special fees

If all employees of the company are remote and home-friendly workers, which is indicated in their employment contracts, then the special price is not over part 1, 3 tbsp. 3 of Law No. 426-FZ.

Safe working conditions do not exempt from special price

Warning the head

Even a new workplace in the same way existing, Anyway, it is necessary to carry out special fees.

If, according to the results of certification, the working conditions in the organization were recognized as safe, it was not necessary to re-certify. However, on this basis, it is impossible to simply submit a declaration on compliance with the working conditions with regulatory requirements without conducting their special fees and part 1, 3 tbsp. 3 of Law No. 426-FZ. If the special seating is confirmed by the safety of working conditions in the workplace and within 5 years after that you will not have accidents (neglences), then you can not spend the re-special price. It will be enough to submit a declaration on compliance with the working conditions with regulatory requirements. This declaration will be valid for another 5 years. part 5, 7 tbsp. 11 of Law No. 426-FZ.

In the offices it is necessary to carry out special

If only office jobs in the company, the special price will need to be required part 1, 3 tbsp. 3 of Law No. 426-FZ. But, most likely, it will end for you at the identification stage: if an expert assessing organization does not identify harmful and (or) hazardous factors in workplaces in your office, then working conditions at workplaces are recognized by the Commission admissible. Then the second stage of special price - research (tests) and measuring harmful and (or) dangerous factors - I do not hold part 2, Part 4 Art. 10 of Law No. 426-FZ.

Identification potentially harmful and dangerous production factors are the first stage of a special assessment of working conditions in the workplace, it is not held in relation to "Harmful" workers h. 6 tbsp. 10 of Law No. 426-FZ, namely:

employee jobs, professions, posts whose specialties are included in the list and sub. 1-1 18 p. 1 tbsp. 27 of the Law of December 17, 2001 No. 173-FZ; Lists number 1 and No. 2, appliance. Decree of the Cabinet of Ministers of the USSR from 26.01.91 No. 10 for early appointment of old-age labor pension;
jobs, due to employment on which guarantees and compensation for working with harmful and (or) hazardous working conditions (increase wages at least 4% of the tariff rate (salary) established for the same work with normal working conditions , abbreviated working hours - no more than 36 hours a week, additional vacation duration of at least 7 calendar days) articles 92 ,,, 219 TK RF;
workplaces, which, according to the results of previously conducted certification or special vehicles, were established harmful and (or) hazardous working conditions.

And if the special price will end for you at the identification stage, then it will be enough to arrange according to the approved forms appendix No. 1 to the order of the Ministry of Internal Affairs of 07.02.2014 No. 80N Declaration of compliance of jobs established by the standard m part 1 Art. 11 of Law No. 426-FZ. No later than 30 working days from the date of approval of the Special Procedure Report, this declaration should be submitted to the region's labor project at the location of the company and pP. 3-5 Appendices number 2 to the order of the Ministry of Apartment of 07.02.2014 No. 80N:

<или> postal departure with the description of investment and a notice of delivery;
<или> in the form of an electronic document signed by a qualified electronic signature of the employer;
<или> By filling out the form of the declaration on the official website of Rostrud (now the service is the final testing stage).

Rate not regular units, but jobs

Special fees are subject to all equipped workplaces available, and not for a staffatic schedule. After all, the regular schedule contains positions, and not jobs. In addition, with a multi-mode mode in one workplace, it can, by changing, to work several people, the positions of which are indicated in the staff schedule. Or, on the existing equipped workplace, no one may work, as this position in the staff schedule at the time of the special price is vacant.

If there are no "harm", with special price you can not hurry

If the organization, who previously never conducted certification of jobs, there are no "harmful" jobs, then you can not hurry with special projects. You need to complete the special price until the end of 2018. h. 6 tbsp. 27 of Law No. 426-FZ

Timing of special seating

For new firms, the deadlines are the same as for the existing

Special institutions of the jobs of newly created organizations should be held during the semi-yes p. 1 h. 1, part 2 art. 17 of Law No. 426-FZ.

From authoritative sources

Deputy Head of the Federal Service for Labor and Employment

"The newly created organizations are obliged to conduct an unscheduled assessment of jobs, since all jobs have them again organized p. 1 h. 1 Art. 17 of Law No. 426-FZ. The employer is obliged to reflect all newly organized jobs in the structure of the organization, in particular in technical documentation, or in local regulations. If the workplace is commissioned by compiling an acceptance act - then from the date of signing the act. In other cases, the day of the introduction of a workplace should be considered to be the inclusion of position, according to which the employee works on the newly created workplace, to the staff schedule of organization and ".

At the same time, if you plan to open a company in the near future and there will not be "harmful" jobs, then the special price you can pursue in gradually for 5 years, that is, until the end of 2018 h. 6 tbsp. 27 of Law No. 426-FZ

When to carry out a special price if the term of the certification expires in 2014

If the validity of the certification, according to the results of which the working conditions were recognized as permissible, expires in 2014 and in the organization there are no "harm" on the lists, it is possible to carry out special projects in stages until the end of 2018 h. 6 tbsp. 27 of Law No. 426-FZ After all, you have no "harmful" jobs.

Special price can be carried out before the expiration of the certification

If, according to the results of the certification, harmful (Class 3, the degree of hazard 3.1-3.4) and (or) dangerous (class 4) working conditions were established, and the organization conducted measures to improve working conditions, then it is not necessary to wait for the expiration of the duration of the certification. You can spend special price and earlier. After all, if, according to the results of special production, the working conditions will be recognized as permissible (grade 2), then from the date of approval of the special price report, you will no longer be able to provide guarantee workers and compensation for work in harmful and hazardous working conditions, as well as pay contributions to the PFR under the PTR part 3, 4 Art. 15 of the Law of December 28, 2013 No. 421-FZ (hereinafter referred to as Law No. 421-FZ); h. 2 tbsp. 58.3 of the Law of 07/24/2009 No. 212-FZ.

How to carry out special fees

Certificate organizations can still carry out special

The list of accredited organizations providing services in the field of labor protection can be found: site Mintruda → Register of accredited organizations providing services in the field of labor protection

For the conduct of special seating, you can contact the same organization that has conducted attestation of jobs.

This firm has the right to carry out a special price before the expiration of the certificate of its test laboratories. If the validity of the certificate expires this year, then it can carry out special projects before part 1, 2 Art. 27 of Law No. 426-FZ.

Jobs "Rodnikov" are assessed in general

How to spend special accommodation for employees with the traveling nature of the work that perform repair and installation work at the location of customer organizations, we were told in Rostrude.

From authoritative sources

"Special fees of working conditions of workers with a traveling nature of the work (this should be reflected in the employment contract) is carried out in a general procedure in accordance with the methodology approved by the Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33N. Special price can be subject to part of such jobs with the attribution of other jobs to a similar one.

When concluding employment contracts, in accordance with which the employee will perform work not at the location of the employer, you can provide additional conditions in them, in particular about the workplace. Then the special production of working conditions will be carried out just at those workplaces, which are indicated in the employment contract E ".

Roshdom

On the special seating of similar jobs can be saved

If the Special Procedure Commission, defining a list of jobs, will reveal similar, then it is not necessary to carry out the special price of each such place - enough checks 20% of their total number (but at least two such jobs) h. 5 tbsp. 9, part 1 Art. 16 of Law No. 426-FZ. However, if in the process of special seating, it turns out that at least one of such jobs does not meet the signs of the similarity, the special price will have to spend on all jobs x h. 5 tbsp. 16 of Law No. 426-FZ.

Similar jobs - these are jobs a h. 6 tbsp. 9 of Law No. 426-FZ:

located in one or several of the same type of industrial premises (production zones);
equipped with the same (single-type) systems of ventilation, air conditioning, heating and lighting;
on which employees work:

The same profession (posts, specialty) performing the same labor functions;

In the same time of working time when conducting the same type of technological process;

Using the same manufacturing equipment, tools, devices, materials and raw materials;

Provided by identical means of individual protection.

Results of special origin

Where to direct the results of special fees

According to the results of special price, its specialized organization issues the h. 1- 3 tbsp. 15 of Law No. 426-FZ According to the approved forms e appendix number 3 to order of the Ministry of Labor of January 24, 2014 No. 33N. It must be signed by all members of the Special Farm Commission, including representatives of the employer and employees in h. 2 tbsp. 9 of Law No. 426-FZ. You can, but do not obliged to direct the results of special fees in the work at the location of the location. It makes sense to do to progress in case an assessing organization will not introduce data to the federal state information system for taking into account the results of special production. She will be obliged to do this since 2016, then the data will introduce labor.

The form of a report on the conduct of a special assessment of working conditions in electronic form can be found: section "Legislation" Systems ConsultantPlus

If your company has a website, then you must place the summary of the results of the special project on it within 30 calendar days from the date of approval. h. 6 tbsp. 15 of Law No. 426-FZ.

In addition, you must introduce employees in writing with the results of special seats also within 30 calendar days, excluding periods of illness, business trip, vacation, intervacht leave a p. 4 h. 2 tbsp. 4, part 5 tbsp. 15 of Law No. 426-FZ.

Indicate working conditions in the workplace in the labor contract

In the labor contract must necessarily indicate the working conditions on the workplace art. 57 TC RF. We are talking about the class (subclass) of working conditions in the workplace based on the results of special price. This condition may look like that.

3.5. Working conditions in the workplace according to the degree of harmfulness and (or) hazards are permissible working conditions (grade 2), which is confirmed by the report on the implementation of a special assessment of working conditions approved on 01.07.2014.

After the special price and approval of the Special Procedure Report, such a condition should be included in the employment contract immediately under its conclusion with new employees. If the employment contract was concluded before the special price, this condition is included in the employment contract after it is an additional agreement M art. 57 TK RF;. If an employee is hired to work on a newly created workplace in respect of which an unscheduled special price is held within 6 months from the date of its creation I p. 1 h. 1, part 2 art. 17 of Law No. 426-FZSuch a condition is also included in the employment contract by concluding an additional agreement after approving the Special Procedure Report.

What compensation "for harm" are put to employees this year

Before holding special charges, you must provide employees to the same guarantees and compensation as last year, if harmful (class 3, degree of harm 3.1- 3.4) and (or) Dangerous (Class 4) Conditions are established on the results of the certification.

additional leave of at least 7 calendar days;

abbreviated working week not more than 36 hours.

If subsequently, the special price will confirm the former working conditions, then warranties and compensation will need to be provided in the same sizes as before the special price and h. 3 tbsp. 15 of Law No. 421-FZ. And only if the special price recognizes the working conditions permissible, the employees will not need to provide guarantees and compensation "for harmfulness" Minthouse letter dated March 21, 2014 No. 15-1 / B-298.

If, according to the results of the special price, the volume of guarantees and compensation worker provided (a salary allowance, a shortened working day, additional leave) has changed, it is necessary to conclude an additional agreement to the employment contract, which changes its provisions on working conditions and provided guarantees and compensation x

. Clean the payment of contributions to the PFR on the complerigation you can only if the same working conditions establish a special price.

When "harm" do not need to pay contributions to the PFR on the PTR

If, according to the results of certification, harmful (Class 3, the degree of harm of 3.1-14), the working conditions, but none of the posts is indicated in subsection on all workplaces. 1-1 18 p. 1 tbsp. 27 of the Law of December 17, 2001 No. 173-FZ and in lists No. 1 and No. 2 applied. Decree of the Cabinet of Ministers of the USSR from 26.01.91 No. 10, then pay contributions to the PFR on the completion is not on Letter of Minthouse dated March 13, 2014 No. 17-3 / B-113 (paragraph 1). After all, your employees are not engaged in the work giving the right to the early appointment of an old-age labor pension.

If you have "harmful" jobs, then you may have make sense to hurry with a special price, without waiting for the expiration of the validity of the results of the certification. After all, it will only allow you to save on contributions to the PFR by the PTR, if the conditions at the workplace included in the "pension" lists will be recognized as permissible.

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