Working conditions at the workplace are not specified. General characteristics of the workplace in the employment contract

HR specialists often face a problem: how to correctly register in employment contract working conditions in the workplace. Read how to properly format an entry, download a sample

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Making a record of working conditions in the contract

An employment contract is precisely the document in which all the nuances of the situation in the workplace must be accurately and in detail described. The employer, following Article 57 of the Labor Code and Federal Law No. 426, must indicate this information (including the hazard class, additional compensation and allowances, etc.) in the agreement.

How to specify working conditions

Information about working conditions is displayed in the contract in the “Labor Safety” section. First, information is provided about what conditions exist at the employee’s workplace. If they are recognized as optimal (that is, they belong to class 1), then it is indicated that the standards have been met and no harm has been identified. And if classes 3 and 4 are identified, it is necessary to identify the factors themselves: for example, vibration and elevated temperature. Class 3 also has a subclass.

In order to simplify the work of HR specialists, a special section dedicated to information about occupational safety has been included in the employment agreement template. It must indicate information about a specific workplace. this employee, and use the wording specified in the law (Article 14 of Federal Law No. 426-FZ): “Optimal”, “Acceptable”, “Harmful” and “Dangerous”. The required level of PPE provision and all required compensation, allowances, special meals, etc. are also indicated.

It is imperative to indicate in the contract a list of benefits in case a person’s health is threatened.

Note:

The Labor Code clearly regulates guarantees regarding personnel. Thus, Article 117 states that employees have the right to an additional 7 days to their paid annual leave"for harmfulness." And Article 147 establishes a minimum premium of 4%, depending on how it is assessed workplace. Article 92 establishes that shifts for hazard classes 3 and 4 should be reduced to 36 hours. Thus, we are talking about three types of guarantees: the duration of additional vacation, financial compensation and shortened working hours (shifts).

The employer has the right to increase compensation. In this case, it is registered in local regulations organization and is also included in the employment contract.

The procedure for introducing a clause about working conditions

Information about working conditions must be specified in the contract in advance, at the employment stage. Information is entered only after the special assessment has been carried out by a specialized institution, according to the Methodology approved by Order of the Ministry of Labor and Social Protection of the Russian Federation No. 33n. An employee can initiate an inspection through a trade union if it seems to him that working conditions do not coincide with those specified in the contract.

The result of the checks is a whole package of documents:

Protocols and cards for assessing harmful and dangerous hazards for each workplace;
assessment protocol effective application protective equipment; list of measures to improve conditions;
conclusion with assignment of a certain class to workplaces;
report on the assessment activities.

Based on the results of the inspection, data on assigned hazard classes is recorded in employment agreements.

The exception is “remote” employees, “homeworkers”, as well as those employed under a contract between individuals, in their case, job assessments are not carried out and in contract of employment not included.

Classification

The hazard class of production cannot be determined by eye; it can only be the result of an inspection. Any workplace can be classified into one of four classes.

1 class, the most common and safest. There is a widespread opinion that it just doesn’t have to be included in the employment agreement, it comes “by default”. But that's not true. Class 1 is marked as “Optimal” working conditions.

2nd grade already has a negative impact, but within limits acceptable standards.

3rd grade combines harmful working conditions and is divided into 4 groups (ascending).

4th grade is considered dangerous and has the most serious impact on the life and health of workers.

Introducing changes in working conditions to the contract

If, based on the results of the special assessment, it becomes clear that the conditions have changed, then the employer’s next step is to notify the employee in writing.

The employer is obliged to notify staff no later than 2 months after the special assessment.

If there is a need to adjust the content of the “Occupational Safety and Health” section, this is formalized by creating an additional agreement to the contract. But there are some nuances here too. Changes can only be determined through a job evaluation procedure.

If, as a result of a planned or unscheduled SOUT, it is established that they have changed in one direction or another, this must be recorded in the contract by an additional agreement and, if necessary, the required compensation must be updated. They cannot be less than the guarantees defined by labor legislation.

Note:

The employee has every right to refuse cooperation if conditions worsen.

The fact is that the changes imply the voluntary consent of the two parties. And if agreement is not reached, the employer can dismiss the employee under clause 7, part 1, article 77 of the Labor Code. But for this it is necessary to notify about changes in the agreement no later than two months and possible dismissal. It is possible that the employee is offered another position or location.

Working conditions at the workplace - important aspect labor relations between employer and employee. When applying for employment, a candidate for a position has the right to know in what conditions he will have to work, and therefore the characteristics of working conditions must be spelled out in the employment contract. From this article you will learn what is meant by working conditions, what are the established characteristics of the production process, what is the production environment and labor intensity, what is the classification of working conditions, what environmental factors are paid to Special attention, how workplace certification is carried out, how to formulate provisions on working conditions in an employment contract, what compensation is provided for harmful/dangerous working conditions, and what to do if working conditions deteriorate during work.

What is meant by working conditions

Working conditions are a set of factors that influence how comfortable and safe a worker is to perform his or her duties. job responsibilities at his workplace. Over the years, the labor protection system has been continuously improved, and today we can talk about fairly clear criteria for assessing working conditions. The law requires the employer to create as many comfortable conditions work for their employees, but most importantly, the work must be safe, not threatening the life/health of the subordinate himself and his future children.

Current labor legislation obliges the employer to notify new employees about working conditions in production even at the time of familiarization with the contract:

says that the head of the enterprise is obliged to ensure working conditions provided for by law;
obliges employers to include a description of working conditions in the contract and mention all the harmful factors of production that the subordinate will encounter (it is also necessary to specify what guarantees and compensation payments are provided).

Characteristics of working conditions in an employment contract

The employment contract must specify the characteristics of the production process - activities aimed at transforming raw materials into the final consumer product. The production process can be characterized by:

raw materials and materials available at the beginning;
the means by which production is made possible;
the type of labor involved.

This means that in order for an employee to imagine what he will encounter during his work, it is necessary to characterize the work process as accurately as possible at the stage of drawing up an individual employment contract. For example, if a future employee knows that he will have to work in a metallurgical plant, he can already assess how acceptable the working conditions will be for him. If the conditions are difficult, those relying on difficult work compensation, additional privileges and guarantees.

What is a production environment

At the time of employment, the employee must have an understanding of the production environment of the enterprise. We are talking about the space where the employee will perform his immediate duties. When describing the production environment, it is necessary to mention the building, transport, and means of production. You should also pay attention to the environmental and psychological factors - sometimes work requires enormous emotional endurance.

What is meant by labor intensity?

Labor intensity is the most important indicator production process. We can say that we are talking about the intensity of the labor process. The same work can be organized in different ways - in one case the employee will get tired quickly, but at the same time achieve insignificant results, in another situation the employee will have time to do much more, but will not be so tired.

From leadership literacy to in this case the fate of the enterprise depends. If the workplace is poorly organized, productivity will suffer. And vice versa, if the totality various factors, including psychological, do not lead to an excessive increase in work intensity, employees perform their work efficiently and achieve optimal results.

Characteristics of working conditions in an employment contract: classification of working conditions

Important! Current legislation considers four classes of working conditions - the 4th is considered the most harmful and dangerous.

So, in the employment contract it is imperative to indicate to which hazard class the production process belongs, and what factors worsen working conditions.

Conditions	Characteristic
Optimal	Harmful production factors are either completely absent or at an acceptable, completely low level. The workers are not affected by any harmful factors, their health does not deteriorate in the process labor activity, they have time to rest and recuperate during breaks and weekends.
Acceptable	Any harmful factors are present, however, their impact is within strictly established limits. Workers experience discomfort, physical or psychological, but do not experience a deterioration in their health. There is enough rest time to recuperate.
Harmful	It was noted that the level of exposure to harmful or dangerous production factors on the employees’ bodies was exceeded. There is a risk of injury or occupational disease. There is not enough rest time to fully recuperate, health is gradually deteriorating, and the need may arise. early care from work due to decreased ability to work.
Dangerous	The influence of negative factors does not stop throughout the working day, and there is a deterioration in health and general condition. Occupational diseases inevitably arise when long work loss of ability to work for any work. Future generations may also be harmed.

Maximum permissible indicators of environmental factors

When hiring an employee, it is also necessary to inform him about a workplace assessment, which includes measurements of the most important physical factors. Biological and chemical factors such as exposure to toxic substances, dust concentration, etc. must also be checked. Physical factors include the following:

Factor	Norm
Vibration	General and local vibration are distinguished. The maximum permissible values of the standardized parameters of industrial local vibration are 126 dB (vibration acceleration), 112 dB (vibration velocity).
Noise	65 dB – noise level, 75 thousand Hertz – frequency.
Temperature	If there is active physical work, a temperature of 10-16 C is considered normal, if the worker’s activity is average - 18-23 C.
Lighting	The norm is 1000-2000 Lux.

Special assessment of working conditions

Important! Since January 2014, even office certification is mandatory.

The certification of workplaces, which was carried out by a professional certified commission once every 5 years, has been replaced by a special assessment of working conditions. The employer is obliged to involve specialists to carry it out in order to promptly learn about the deterioration of working conditions, the impact of harmful factors on workers, and the presence of areas hazardous to health and life. production premises etc.

During the assessment, the indicators of biological, chemical and physical factors are measured. As a rule, employers conduct special assessment workplaces every few years, when there is a significant change in the production process and when accidents occur. If it turns out that the workplace does not meet the approved standards, the employer decides how to improve working conditions.

Characteristics of working conditions in an employment contract: wording

In an individual employment contract, it is necessary to mention what working conditions are created at the enterprise. You need to write the following:

Highlight a new section of the contract, call it “Labor Safety”, indicate the class of conditions (1 – “optimal”, 2 – acceptable, 3 – harmful (indicating the degree of impact of negative factors), 4 – dangerous).
List the harmful and dangerous factors affecting employees during the period of work.
Write about possible consequences work under the influence of harmful factors, if working conditions are not optimal and unacceptable (deterioration of health, occurrence of occupational diseases, harm to the future generation, loss of ability to work, etc.).
Talk about the compensation and guarantees that an employee who works in harmful and dangerous conditions receives. This is a salary increase (minimum 4%), additional vacation, free milk and other privileges at the discretion of the employer.

Expert opinion on what to do if a deterioration in working conditions is noticed

It happens that an employee gets a job because he is satisfied with the working conditions specified in the contract. However, after a while he notices changes in working conditions and increased exposure to harmful factors. Experts from the State Labor Inspectorate In such cases, it is advised to report deterioration in working conditions to the employer. If the changes are of a domestic nature, for example, the lighting is faulty, the employer will contact the subordinate responsible for labor protection at the enterprise. The defect will be fixed.

If the employer ignores the words of the employees, it is necessary to contact the trade union organization and demand an unscheduled special assessment of workplaces. If management disagrees, it is possible to file a complaint with Rostrud, the prosecutor's office and the court - if a significant deterioration in working conditions is detected, the employer will be fined.

Labor legislation establishes the right of every employee to working conditions in the workplace that comply with labor safety standards and the requirements determined by the collective agreement in force in the organization. Let's consider what these conditions are and what rules regulate them.

Working conditions

Working conditions (we will call them below UT) in accordance with Part 2 of Art. 209 of the Labor Code of the Russian Federation represent the sum of factors in the working environment and the labor process that affect the performance and health of an employee.

The employer is obliged to create safe and normatively justified operating conditions for its employees at each workplace, as well as provide reliable and reliable information about them. full information(Articles 22 and 212 of the Labor Code of the Russian Federation).

Depending on the degree of harmfulness/danger, chemical substances are divided into four classes (Article 14 of Law No. 426-FZ):

optimal;
acceptable;
harmful;
dangerous.

Safe and acceptable UT

First class safety equipment is considered optimal and safe for the worker; at his workplace there are no harmful/dangerous factors that negatively affect health.

Second class hazards are acceptable, that is, harmful factors are present, but affect the employee within the limits established norm. The employee under such conditions is restored by the beginning of the next working day.

Harmful and dangerous UT

The third class includes harmful environmental pollution - when the level of exposure to harmful factors is higher than permissible.

Within the third class, four subclasses are distinguished (depending on the increasing level of impact):

harmful OT of the first degree: the employee does not have time to recover;
harmful hazards of the second degree: when working in such conditions for more than fifteen years, occupational diseases of mild severity may occur without loss of ability to work;
harmful hazards of the third degree: when working in such conditions, it is likely to acquire an occupational disease of mild/moderate severity with loss of professional ability to work;
harmful UT of the fourth degree: can lead to severe forms of occupational diseases with loss of the employee’s general ability to work.

The fourth class, the highest, is dangerous UT. Working in them threatens the worker’s life and carries a high risk of acute occupational diseases.

The establishment of a class (subclass) of labor protection, in addition to labor protection measures, affects the amount of the additional rate of insurance contributions paid by the employer to Pension Fund RF: than better conditions labor, the lower the amount of deductions.

Condition on UT in the employment contract with the employee

SOUT, which has replaced the certification of workplaces since 2014, must be carried out in stages until December 31, 2018 in all organizations and in all workplaces, with the exception of home-based and remote ones.

Then it is carried out at least every five years; in some cases, an unscheduled SOUT is possible (Article 17 of Law No. 426-FZ).

UT in the workplace according to Art. 57 of the Labor Code of the Russian Federation, as well as guarantees and compensation for work with harmful/dangerous equipment, along with their characteristics, are required to be included in the employment contract.

This provision does not provide for any delays until the implementation of the special assessment.

If at the time of concluding the employment contract this information is not available, then the missing information is entered later directly into the text of the employment contract or added as an integral annex.

Provides for the mandatory inclusion of this clause in the employment contract.

Characteristics of the production process

The production process is a combination of three processes - main, auxiliary and servicing, which are aimed at producing a specific finished product.

The main type of processes are those procedures that contribute to the transformation of raw materials into a finished product.

Auxiliary - actions that contribute to the normal course of basic processes. These include, among other things, equipment repair, tool manufacturing, etc.

Maintenance – procedures that ensure uninterrupted production. These include storage of raw materials, their transportation, technical quality control, etc.

The environment in which a person works

The definition of work environment refers to the environment in which an employee carries out his work activities.

The work environment includes the following factors:

The object of labor is the element on which human labor is concentrated.
Tools of labor are equipment that contributes to human influence on the subject of work.
The product of labor is the result of the production process.
Different types of energy.
Natural and climatic factors.
Staff.
Animals and plants.

Work intensity

Labor intensity refers to the amount of labor that a worker expends over a certain time period.

This indicator is assessed based on the following factors:

Intensity.
Pace of work.
Worker's employment.
The severity of work.

Classification by danger and harmfulness

The classification of working conditions by danger and harmfulness occurs in accordance with the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Labor”, namely. Thus, working conditions are divided into four classes:

Environmental factors

During an employee’s working day, his body is affected by circumstances that can cause certain changes.

They are referred to as environmental factors.

The norm for each of these factors is established individual characteristics in production.

Certification

Thus, in order to protect the rights of the employee, the employer is obliged to provide him with acceptable working conditions or provide compensation for the harm that is caused to the employee during the performance of his work activity.

Working conditions created in the workplace can affect the well-being and health of the employee, and classifying them as special categories obliges the employer to pay regular compensation amounts, provide additional holidays and other benefits. Since 2014, the employer has been required to stipulate working conditions in the employment contract.

The clause on the nature of the work included in the contract makes it possible to determine whether the employee is eligible for any benefits or not. Not all situations are the same and sometimes the employer simply does not have information about the nature of the work due to the lack of workplace certification. Filling out the corresponding column purely hypothetically is prohibited; documentary reasons are required. What to do in this case?

Any enterprise basically has a clearly structured production process, which consists of many separately performed operations that are aimed at obtaining one final result. Production activities are divided into a number of tasks and functions and, of course, not all of them are performed in an ideal manner.

All processes performed can be divided into three groups:

The main one is the one that directly affects raw materials, materials and other initial aspects, turning them into finished products.
Auxiliary - aimed at creating conditions for the execution of basic processes.
The attendant provides all related services that allow the implementation of basic and auxiliary functions.

Jobs are classified in terms of production processes that are carried out in this particular organization. The same professions may have different activity structures depending on what technologies are used in the enterprise and what the logistics are. That is why there are no general characteristics of working conditions, and each employer is obliged to carry out experimental work.

Classification of working conditions

Federal Law “On Special Assessment of Working Conditions” N 426-FZ dated December 28, 2013 in Article 14 provides full list acceptable classifications of working conditions.

Working conditions are divided into four classes:

Optimal - 1st class.
Acceptable - 2nd class.
– 3rd grade.
Dangerous class 4.

Assignment of class 1 indicates that no harmful and/or dangerous substances have been detected in the workplace. production factors, which may negatively affect his well-being or health.

Class 2 is assigned if the employee is exposed to harmful or dangerous factors, but they cannot cause damage to his body. It is understood that these impacts are within acceptable limits, and their effect is completely neutralized during the inter-shift rest period and during the period.

Harmful conditions labor are characterized by exceeding permissible exposure standards and are divided into:

Subclass 3.1 – 1st degree of harm. It implies that the impact on the body increases the risk of damage to health, and the impact is neutralized by rest, the intervals of which exceed those allotted by labor standards.
Subclass 3.2 – 2nd degree of harm. Systematic harmful effects lead to persistent functional disorders in the human body, but do not imply loss of ability to work. The occurrence of health disorders is recorded after 15 or more years of work in such a workplace.
Subclass 3.3 – 3rd degree. Work is characterized by the acquisition of mild to moderate occupational diseases during working age.
Subclass 3.4 – 4th degree. Assigned if environmental factors can cause severe professional disorders of the body when it comes to the ability to work in general.

Conditions that can lead to the development of acute occupational diseases or injury, etc. are considered dangerous.

Special assessment of conditions

Legislative norms establish the obligatory nature of a special assessment of the working conditions of all workplaces. Employers are responsible for its timely implementation. When conducting a special assessment, you should be guided by the standards Federal Law N 426-FZ, which regulates the procedure and contains detailed instructions on its implementation.

New jobs must be certified within 12 months of their creation. For all other cases, certification is carried out at intervals of at least once every five years, and at the request of the employer, it can be carried out more often. A special assessment is not made only for remote workers, which include homeworkers and remote workers.

A special assessment is a whole complex of activities in which not only employees of the organization itself, but also specialists invited from outside can be involved. Today, there are many companies that provide comprehensive assistance in holding such events. The result of such an assessment is the identification of hazards, as well as the development of an action plan to reduce harmful and dangerous impacts.

Registration of an employment contract

The relationship between an employee and an employer begins with the signing of an agreement between the parties. is concluded before the employee begins his duties, which allows him to fully evaluate the upcoming cooperation and the working conditions that will be created for the person.

The Labor Code of the Russian Federation in Article 57 indicates a number of mandatory clauses that must be included in the employment contract.

This article also contains additional clauses that can be specified at the request of the parties, but are not mandatory. It is in the interests of the employer to comply with the prescribed procedure, because the absence of any clause does not deprive the employee of this right, but the organization itself can cause serious damage to the idea.

The employee may judicial procedure protect your rights if any of essential conditions was not specified in the employment contract.

The conditions introduced when accepting a new person can be applied more than once during the entire period of cooperation. However, all changes to the contract are written only with the consent of both parties, and not unilaterally.

Note on working conditions

In Article 57 of the Labor Code of the Russian Federation, one of the mandatory points is the description of working conditions. It should be registered when initially concluding an employment contract. This paragraph indicates the established class of conditions, and if there is harmfulness, the assigned subclass is also prescribed. If the characteristics correspond to the first class, then a general statement is written that negative impacts are absent, and sanitary and hygienic standards are met. If there is a class of harmfulness or danger, a full description of all characteristics established by a special assessment is provided.

Guarantees and compensation

It is no coincidence that labor conditions are specified in the contract. The presence of an established harmfulness or danger allows the employee to count on payment of the guarantees due to him.

Article 224 of the Labor Code establishes that the employer is responsible for compliance labor standards, which, in particular, prescribe that not all workers can be involved in work classified as harmful or dangerous. Some employees hired for such jobs must be exempted for medical reasons.

In accordance with Article 147 of the Labor Code of the Russian Federation, those working in places classified as dangerous or harmful must receive a monthly supplement to the established salary. The minimum limit for such additional payment is set at 4%, but it can be increased by the employer on his own initiative with the involvement of the trade union committee in discussing this issue.

In addition to remuneration, such employees can count on a number of benefits:

Spa treatment.
Providing food.

The scope of benefits depends on the established class.

Changes in working conditions

The management of the organization is directly interested in improving working conditions at the enterprise.

This leads to both lower taxation and lower labor costs. Therefore, from one certification to another, a set of measures is carried out aimed at reducing harmful factors.

The most successful levers for this are:

Modernization of technical equipment of production.
Use of personal and collective protective equipment.

Occupational safety and health services are working towards continually reducing levels harmful effects various factors.

Any incident may result in an unscheduled special assessment. And in some cases, it may be initiated by inspection authorities, suspecting that the results do not correspond to the truth. Whatever the reason for the new certifications, their results are mandatory must be reflected in the employment contract.

Improvement or worsening

Employers strive to improve existing working conditions, but in practice this does not always work out. But any change in one direction or another must be specified in the contract.

Sometimes it happens that when hiring a person, the conditions are not specified in the contract due to the lack of an assessment. In practice, this is legally permitted for those places that were primarily introduced for work. The employer has 12 months to certify this position. Whatever the results obtained, the employee must be familiar with them.

The Labor Code establishes that, although improvement is prescribed in the contract, it does not require the use of additional measures, but deterioration will enable the employee to demand a transfer to another place of work. The employer is obliged to offer him a choice - to remain in his previous position and receive the benefits he is entitled to by law, or to move to another one so as not to harm his health.

Amendments to the contract

Changes to a previously drawn up employment contract are made by drawing up an additional agreement. The additional agreement is prepared in two versions; one copy will be kept by the employee and the other by the employer.

The amended clauses are included in the agreement in the form in which they will continue to apply. The hired person must be familiar with the document upon signature.

In addition to signing, the employee must express his consent with the phrase “I have read the changes and do not object.” He also has the right to object in writing or by refusing to endorse the agreement. But refusing to sign does not always lead to pleasant changes. If the deterioration in work was justified, there are no vacancies for transfer to another position, then labor Relations may be interrupted.

Properly drawn up labor documentation allows you to avoid conflict situations and lawsuits.