Notice of cancellation of additional leave for hazardous working conditions. How to properly prepare a notice of change, based on the results of certification, of an allowance for hazardous working conditions

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Question

The enterprise, in accordance with the requirements of the Labor Code of the Russian Federation, carried out SOUT. The following questions arose: 1. Previously (based on the results of workplace certification), class -2 was established, while the employee received additional pay and additional leave in accordance with Resolution No. 298/p-22 of October 25, 1974 “On approval of the list.. " These guarantees were stated in employment contract and in the collective agreement, which expires in December 2017. According to the results of the SOUT, the class of working conditions remained -2, while vacation and additional payments were not provided. Does the management of the enterprise have the right to withdraw additional leave and additional pay from employees employed before 01/01/2014, and how to do this correctly? 2. Previously (based on the results of workplace certification), class -2 was established, while the employee received additional pay and additional leave in accordance with Resolution No. 298/p-22 of October 25, 1974 “On approval of the list...”. These guarantees were spelled out in the employment contract and in the collective agreement, which expires in December 2017. According to the results of the SOUT, the class of working conditions became 3.1. at the same time additional vacation is not provided and the additional payment is only 4%. Does the management of an enterprise have the right to withdraw additional leave from employees employed before 01/01/2014 and reduce the additional payment to 4%, and how to do this correctly? 3. Previously (based on the results of workplace certification), a class of 3.1 was established, while the employee received additional pay and additional leave. These guarantees were spelled out in the collective agreement, which expires in December 2017. According to the results of the SOUT, the class of working conditions remained 3.1. no holidays and surcharge of 4%. Does the management of an enterprise have the right to withdraw additional leave from employees employed before 01/01/2014 and reduce the additional payment to 4%, and how to do this correctly?

Answer

1-3. In all cases, the employer has the right to cancel guarantees if working conditions have improved. If the conditions that served as the basis for the appointment of previous compensation measures remain, then the employer does not have the right to cancel the previously assigned compensation.

Changes to an employment contract can be made by agreement of the parties or unilaterally with prior notice to the employee 2 months in advance. (cm. ).

Depending on the terms of the collective agreement, it may be necessary to change the collective agreement (see).

For more details on this, see the materials in the justification.

The rationale for this position is given below in the materials of the “Personnel System” and in the materials of the “Labor Safety System”.

1. Article: What to consider when changing the class of working conditions based on the results of a special assessment

« When is it unacceptable to reduce the amount of compensation for harm?

Based on the results of the certification in December 2013, the employee was found to have hazardous conditions. Based on the results of a special assessment of his workplace also classified as harmful. Now he is entitled to less favorable guarantees, although in fact the working conditions have not changed. The employee was notified of a reduction in the amount of compensation. Are the employer's actions legal?

The legislation does not have a clear answer to this question. In fact, based on the results of the previously conducted certification, the employer did not take any measures to reduce harmful factors in the employee’s work. A special assessment taking into account these same factors showed different working conditions. In such a situation, on the basis of Article 15 Federal Law dated December 28, 2013 No. 421-FZ (hereinafter -), the employee must continue to receive all compensation that was previously established for him based on the results of certification. The latter are valid for five years from the date of completion of the procedure ().

At the same time, the employer has the right to reduce the number of compensation provided if the employee’s working conditions have improved and this is confirmed by the results of the special assessment (). Provided that the special assessment was carried out correctly, and its results were recognized by all interested parties - employer, employees, trade union committee (Part, Article 9 of Law No. 426-FZ). Justification – compensation established based on the results of certification is provided in full until a special assessment is carried out* ().

How to reflect that the terms of an employment contract have changed based on the results of a special assessment?

We conducted a special assessment in connection with the change technological process. The assessment results confirmed the improvement of working conditions. They are considered acceptable. Now we have to cancel the compensation established previously by the employment contract. Which article Labor Code in this case, be guided by - 72nd or 74th?

This will depend on whether the employee agrees to enter into an additional agreement to the employment contract to cancel previously established benefits. The clause on working conditions in the workplace is prerequisite employment contract (). If, as a result of the special assessment, working conditions have changed, appropriate changes must be made to the employment contract. For this purpose they use general rules provided for in articles of the Labor Code.

If an employee is dismissed due to refusal to continue working under new conditions, the employer is obliged to pay him severance pay in the amount of two weeks' average earnings (*).

When an employee agrees to draw up such an agreement, there is no need to comply with any deadline for canceling benefits - the additional agreement is concluded immediately (). If the employee refuses, the employer has the right to cancel the compensation unilaterally by notifying the employee of the upcoming changes in writing no less than two months (part, article 74 of the Labor Code of the Russian Federation). If the employee does not agree to work under the new conditions and cannot be transferred to another job, the employer has the right to terminate the employment contract with him after two months (Labor Code of the Russian Federation). Termination of an employment contract must be formalized by order of the employer (). In any case, no matter what article you carry out the procedure under (under 72 or 74), an additional agreement is concluded with the employee to change the terms of the employment contract.

What dates should be indicated in the additional agreement on changing the terms of the employment contract?

We conducted a special assessment. The results were received on May 14, and the workers were familiarized with them on May 18. What is the date for drawing up additional agreements on the establishment or removal of harm?

Draw up additional agreements to employment contracts with the actual date. You familiarized employees with the results of an assessment of their jobs within 30 calendar days from the date of approval of the special assessment report, as required by law (). The next step is the conclusion of additional agreements to change the terms of the employment contract (the deadline for their execution depends on which article you are carrying out the procedure under) (Art., Labor Code of the Russian Federation).

Keep in mind that for those employees in whose jobs harmful conditions have been identified, the employer is obliged to provide the required guarantees and compensation (, Labor Code of the Russian Federation) (table below). Moreover, from the date of approval of the report on the special assessment (). In this case, the additional agreement to the employment contract must indicate that it is valid from the date of approval of the special assessment report 1.

Benefits and compensation for working in harmful or dangerous working conditions

Class of working conditions		Surcharge 4%	Add. vacation (from 7 days) 2	Abbreviated 36th slave. a week 3
Dangerous	4	+	+	+
Harmful	3.4	+	+	+
	3.3	+	+	+
	3.2	+	+	–
	3.1	+	–	–
Acceptable	2	–	–	–
Optimal	1	–	–	–

2. Article: How to reduce compensation for harmful working conditions?

“Oleg S. has been working as a driver at Allegro LLC since 2012. In 2013, according to the results of certification, harmful conditions of the 1st degree (3.1) were established at Oleg S.’s workplace. His working hours were reduced, he was given additional paid leave, and an additional four percent was paid to his salary. Compensation was prescribed according to (hereinafter referred to as Resolution of the Government of the Russian Federation No. 870) 1. In 2016, a special assessment confirmed subclass 3.1 in the workplace, but the employer decided to reduce the amount of compensation as it was no longer valid. On September 1, 2016, he notified the employee of the cancellation of reduced working hours and additional leave from November 3, 2016. Is this legal? In what cases can compensation for harm be canceled?

When it is difficult to determine the amount of compensation

The employer revises the amount of compensation for harm if working conditions in the workplace have changed (Article, Labor Code of the Russian Federation, Article 27 of the Law of December 28, 2013 No. 426-FZ, hereinafter –). Based on the results of a special assessment, working conditions are divided into four classes: optimal (1st class), acceptable (2nd class), harmful (3rd class), dangerous (4th class). In the 3rd class there are subclasses 3.1, 3.2, 3.3, 3.4 (). It is difficult to determine what kind of compensation to provide in two cases.

First case. The company carried out certification and after it a special assessment. Based on the results of certification, the workplace was assigned a class of at least the first degree of hazard (subclass 3.1). Based on the results of the special assessment, the subclass was confirmed or found to be lower.

Example

According to the results of certification of workplaces at the beginning of 2013, the working conditions at the workplaces of Andrey N. and Peter T. corresponded to subclass 3.2 (harmful, second degree). Employees were already working at their workplaces on January 1, 2014. Based on the results of a special assessment in 2016, Andrey’s working conditions were classified as subclass 3.1 (harmful, first degree), and Peter T.’s working conditions were classified as acceptable (2nd class). The employer reduced the amount of compensation for Andrey, as working conditions improved, and canceled them completely for Peter, since there was no harm. The employer is right.

Second case. The company conducted a special assessment and established harmful working conditions in the workplace. Then she organized a new special assessment, as a result of which the final subclass was reduced.

Example

Paradise LLC conducted a special assessment, based on the results of which the working conditions at Denis V.’s workplace were classified as harmful of the fourth degree (subclass 3.4). The employer provided Denis with all the necessary compensation. After some time, the company conducted a new special assessment. Denis’s workplace was assigned a hazardous class of the first degree (3.1). The employer left Denis only an additional payment to his salary, and canceled the additional vacation and shortened week. The employer is right.

Why employers are wrong

Important article: “What to consider when changing the class of working conditions based on the results of a special assessment” (No. 5, 2015)

The head of Allegro LLC made a mistake when he reduced the amount of compensation to Oleg S. He was guided by the articles of the Labor Code. But in the case of Oleg, different rules apply.

Compensation for hazardous work based on the results of workplace certification and special assessment

Compensation	Classes/subclasses of working conditions
	3.1	3.2	3.3	3.4	4
	harmful				dangerous
Based on the results of workplace certification ()
	+	+	+	+	+
	+	+	+	+	+
Surcharge 4%	+	+	+	+	+
Based on the results of the special assessment (Article , Labor Code of the Russian Federation)
Shortened work week no more than 36 hours	-	-	+	+	+
Additional leave from 7 days	-	+	+	+	+
Surcharge 4%	+	+	+	+	+

It is possible to reduce the amount of compensation for harmful effects only if working conditions at the workplace have improved 2 . Thus, Allegro LLC had to not only conduct a special assessment, but also improve working conditions in the workplace in order to reduce compensation*.

Example

At the beginning of 2013, Fregat LLC conducted a certification of workplaces, according to the results of which the working conditions at Ivan M.’s workplace were classified as hazardous, subclass 3.2. The employer provided the employee with all compensation: reduced work time, increased wages and additional paid leave. In 2016, a special assessment confirmed the presence of harmful conditions of the second degree (subclass 3.2) in the workplace of Ivan M. The employer is obliged to maintain the employee’s previous compensation, since working conditions in the workplace have not improved.

There are three positions on what improving working conditions means (diagram below). The most common is a reduction in the final class (subclass) of working conditions.

Example

According to the results of the previous workplace certification, Dmitry V. works in hazardous working conditions of subclass 3.1. Based on the results of a recent special assessment - in hazardous working conditions of subclass 3.2. The employer does not have the right to reduce Dmitry’s compensation because it has not improved his working conditions. But for newly hired employees, the employer is not obliged to maintain the same guarantees.

How to change compensation terms in an employment contract

The provision on guarantees and compensation for work under harmful or dangerous working conditions is a mandatory part of the employment contract (). The amount of compensation based on the results of a special assessment can be reduced by agreement of the parties or at the initiative of the employer (Article, Labor Code of the Russian Federation,). If the employee agrees to the new conditions, enter into an additional agreement with him to the employment contract (sample below).

If the employee refuses, cancel the compensation unilaterally under the Labor Code. Issue an order in any form to amend the employment contract. Indicate in it the reasons and the date from which the new conditions begin to apply, taking into account the employee’s notice period. Based on the order, notify the employee in writing at least two months in advance of upcoming changes to the employment contract. Indicate specific reasons why it is impossible to maintain the previous conditions (Article 74 of the Labor Code of the Russian Federation). You can notify the employee in any way. The main thing is to confirm that the employee is aware of the upcoming changes. Familiarize the employee, against signature, with the order to change the terms of the employment contract, or send him a notice in two copies, on one of which the employee will sign.

If the employee does not agree to continue working under the new conditions, offer him in writing another vacant position that you have in the area that matches his qualifications. If there are no such positions - a lower position or lower paid work that the employee can perform taking into account his state of health (). Until the notice period for changing the terms of the employment contract expires, again and again offer the employee all the vacancies that you have. Remember that periods calculated in months expire on the corresponding date of the last month ().

As a result, the employee can:

– agree to the change in the terms of the employment contract, and you will draw up an additional agreement with him ();

– agree to the transfer to another position that you offered. You will conclude an additional agreement with him to the employment contract, issue an order for transfer according to or another sample approved by the organization, make a record of the transfer in work book and in the employee’s personal card;

– disagree with the change in the terms of the employment contract and refuse the offered vacancies. Then you have the right to terminate the employment contract with him ().

Why is it risky to reduce compensation without notice?

Some employers believe that they do not have to give an employee two months' notice to correct the compensation clause in the employment contract (). After all, changes in the class of harm and the amount of compensation are not related to the actions of the employer, which means that changing them according to the rules of Article 74 is not required. Therefore, they believe that they can reduce compensation for harmful working conditions as soon as they approve the results of the special assessment without the prior consent of the employee. Such employers are wrong.

Changing working conditions in the workplace is the responsibility of the employer (). In addition, information about working conditions is a mandatory condition of the employment contract (). Therefore, changing the procedure for paying compensation can only be done within the framework of the Labor Code.”

3. Situation: Does the employer have the right to cancel compensation established based on the results of the automated work procedure, if class 2.0 was established during the special labor assessment, but the working conditions remained the same?

The employer is obliged, among other things, to ensure that a special assessment of working conditions is carried out. Based on its results, the employee’s work in dangerous and harmful working conditions is determined, and the issue of establishing compensation is decided ().

Based on the above, in the case of provision at workplaces safe conditions labor confirmed by the results of a special assessment, compensation for harmful working conditions is not established for employees, and those previously established are subject to cancellation ().

If an employee refuses to conclude an additional agreement canceling compensation, the employer has the right to initiate a unilateral change specified conditions, warning the employee at least two months in advance, since their cancellation is caused by an objective change in organizational and technological working conditions, which is confirmed by the materials of the special assessment (). If the employee does not agree with the change, and in this case, and he cannot be transferred to another job, the employer, after two months, has the right to terminate the employment contract with him * ().”

6. Situation: How to make changes to an employee’s employment contract if, based on the results of a special assessment, harmful or dangerous working conditions are identified at his workplace

“It is necessary to conclude an additional agreement to the employment contract and secure additional guarantees in it.

If, based on the results of a special assessment, harmful or dangerous working conditions are identified at an employee’s workplace, the employer is obliged to provide him with the guarantees and compensation provided by law (). Such guarantees and compensations relate to the mandatory conditions of the employment contract, which entails the need to conclude an additional agreement to the contract, where all these guarantees will be spelled out (, Labor Code of the Russian Federation).

If for work in harmful or dangerous conditions an employee is entitled, among other things, to increased wages and additional paid leave, then, in addition to the additional agreement, issue an order to change the terms of the contract in any form.

It is necessary to draw up additional agreements with employees in whose workplaces hazardous conditions have been identified, and to extend the validity of such agreements from the date of approval of the report on special assessment*. The date of approval of the report indicates the completion of the special assessment, and it is from this date that its results should be applied. Experts from the Russian Ministry of Labor also point to this.”

A professional help system for lawyers in which you will find the answer to any, even the most complex, question.

A description of the working conditions at the employee’s workplace is a prerequisite for inclusion in the employment contract. This is stated in Part 2 of Art. 57 Labor Code. If an employee goes to work under harmful and (or) dangerous working conditions, the employment contract also indicates the guarantees and compensation provided by the employer for working in such conditions.

CLASSIFICATION OF WORKING CONDITIONS

Working conditions are a set of factors in the working environment and the labor process that affect the performance and health of the employee (Part 2 of Article 209 of the Labor Code of the Russian Federation).

Results of the special assessment. Classify working conditions in workplaces as harmful or dangerous for the purposes of application labor legislation the employer can only on the basis of the results of their special assessment, carried out in accordance with the requirements of Federal Law No. 426-FZ of December 28, 2013 (hereinafter referred to as Law No. 426-FZ). This was indicated by the Russian Ministry of Labor in Letter No. 15-1/B-298 dated March 21, 2014.

Four classes of working conditions. According to the degree of harmfulness and (or) danger, working conditions at the employee’s workplace are divided into (Article 14 of Law No. 426-FZ):

· optimal (1st class);

· acceptable (2nd grade);

· harmful (subclasses 3.1, 3.2, 3.3 and 3.4);

· dangerous (4th class).

If a company has conducted a special assessment, it may have to make changes to employment contracts with employees.

IN WHAT CASES ARE CHANGES MADE TO THE EMPLOYMENT AGREEMENT?

It is necessary to make changes to the employment contract with an employee if the working conditions at his workplace have changed. For example:

· when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of workplace certification), but according to the results of a special assessment they were recognized as harmful or dangerous;

· working conditions were harmful or dangerous (confirmed by the results of workplace certification), and according to the results of a special assessment they were recognized as optimal or acceptable.

Note. An employment contract cannot include conditions that limit rights or reduce the level of guarantees for an employee compared to those established by labor legislation. If they are nevertheless included, they are not subject to application (Part 2 of Article 9 of the Labor Code of the Russian Federation).

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions (see table below).

Table. Guarantees and compensation for workers

Guarantees and compensation	Working conditions in the workplace based on the results of a special assessment
	Optimal	Acceptable	harmful 1st degree	harmful 2nd degree	harmful 3rd degree	harmful 4th degree
			subclass 3.1	subclass 3.2	subclass 3.3	subclass 3.4
Increase in wages (Article 147 of the Labor Code of the Russian Federation)
Additional leave (Article 117 of the Labor Code of the Russian Federation)
Shortened working hours (Article 92 of the Labor Code of the Russian Federation)

According to labor legislation, during the entire period of validity of the employment contract, the parties have the right to make changes to it. They are introduced by concluding an additional agreement to the employment contract (Part 1, Article 9, Article 72 of the Labor Code of the Russian Federation). Such an agreement between the employee and the employer is an integral part of the employment contract.

The results of the special assessment relate to reasons related to changes in organizational or technological working conditions. In this case, it is allowed to change determined by the parties terms of the employment contract (except for changes labor function employee) at the initiative of the employer (Part 1 of Article 74 of the Labor Code of the Russian Federation).

IF THE CONDITIONS AT THE EMPLOYEE’S WORKPLACE CHANGE AS A RESULT OF A SPECIAL ASSESSMENT In this case, the employer needs:

· notify the employee about changes in working conditions at his workplace and about the need to make changes to the employment contract;

· prepare a draft supplementary agreement to the employment contract with the employee;

· if an employee refuses to continue working under new conditions or refuses to sign an additional agreement to the employment contract, follow the procedure for his dismissal.

WE NOTIFY THE EMPLOYEE ABOUT CHANGES IN HIS WORK CONDITIONS

The employer is obliged to familiarize the employee with the results of a special assessment of working conditions in the workplace against signature no later than 30 calendar days from the date of approval of the report on the special assessment (clause 5 of Article 15 of Law No. 426-FZ).

The employee puts his signature on the card for the special assessment of working conditions at his workplace in the detail “I have become familiar with the results of the special assessment of working conditions:” line 050.

Note. Informing the employee about working conditions

The employee has the right to receive reliable information from the employer (part 1 of article 21, part 2 of article 212 and part 1 of article 219 of the Labor Code of the Russian Federation):

· about the conditions and requirements of labor protection in the workplace;

· O existing risk health damage;

· about the compensation and personal protective equipment due;

· on the results of a special assessment of working conditions at his workplace (clause 5 of article 15 of Law No. 426-FZ).

EMPLOYEE'S WORKING CONDITIONS HAVE BEEN IMPROVED – BENEFITS ARE CANCELED

If the working conditions at the employee’s workplace have become acceptable or optimal, the employer no longer has any grounds to provide him with guarantees and compensation for working under harmful and (or) dangerous working conditions.

But the cancellation of guarantees and compensation, as well as the need to make appropriate changes to the employee’s employment contract, must be notified at least two months before their cancellation (Part 2 of Article 74 of the Labor Code of the Russian Federation).

During this period, the employee must be provided with the guarantees and compensation previously established by the employment contract.

There is no unified form for such a notification; it is drawn up in any form (sample 1 on p. 105).

Example 1. Notification of an employee about changes to his employment contract in connection with the improvement of his working conditions

At Everest JSC, Yu.P. works as a microbiologist (List position code No. 2 - 22505006-23619). Belogorov.

When concluding an employment contract with him dated September 17, 2013 No. 47/13, the working conditions were determined to be harmful of the 1st degree of the 3rd class (clause 4 R 2.2.2006-05 “Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions”, approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005). The class of working conditions was confirmed by workplace certification carried out in the company in 2013.

The company provided the employee with the following guarantees and compensation:

· established reduced working hours – a 36-hour work week;

· paid increased wages;

· provided additional paid leave of 7 calendar days.

In 2013-2014 the employer carried out work to improve a number of working conditions in some workplaces. In 2014, the company conducted a special assessment of working conditions (report dated January 28, 2015). According to its results at the workplace of microbiologist Yu.P. Belogorova's working conditions were recognized as acceptable (2nd class).

The employee is familiar with the results of the special assessment; he signed the special assessment card for working conditions at his workplace. After conducting a special assessment, Yu.P. Belogorov loses the right to guarantees provided for working in hazardous working conditions, since his working conditions are now recognized as acceptable.

It is necessary to notify the employee of the need to make changes to his employment contract.

Solution. Notification of amendments to the employment contract is drawn up in any form (sample 1).

Sample 1

Notifying the employee of the need to make changes to the employment contract

Joint Stock Company "Everest"

Ref. No. 38 of 02.12.2015 To microbiologist Belogorov Yu.P.

Notification of changes to the employment contract

Dear Yuri Petrovich!

I notify you that the employment contract concluded with you dated September 17, 2013 No. 47/13-td is subject to change in connection with the results of a special assessment of working conditions, approved by the report dated January 28, 2015. According to the special assessment report, the working conditions at your workplace were found to be acceptable (class 2). │I suggest you conclude an additional agreement to the employment contract dated September 17, 2013 No. 47/13-td on the cancellation of previously provided guarantees and benefits.

General Director Vershinin O.R. Vershinin

I have read the notice, Belogorov Yu.P. Belogorov received one copy

WORKING CONDITIONS HAVE DECORATED – THE EMPLOYEE NEEDS TO ESTABLISH ADDITIONAL GUARANTEES AND COMPENSATIONS

· operating mode;

· salary;

· the procedure for granting and duration of additional paid leave;

· provision of therapeutic and preventive nutrition;

· mandatory medical examination, etc.

It should be taken into account that the provision of mandatory benefits and guarantees begins from the date of signing the report on the special assessment of working conditions, regardless of the date of signing the additional agreement to the employment contract (clause 3 of the Letter of the Ministry of Labor of Russia dated March 26, 2014 No. 17-3/10/B- 1579).

WE ARE DRAFTING AN ADDITIONAL AGREEMENT

In the draft supplementary agreement to the employment contract, the employer must indicate the new working conditions at the employee’s workplace and the corresponding change in working hours and wages.

Let's continue with example 1. It is necessary to draw up a draft additional agreement to the employment contract with Yu.P. Belogorov.

Solution. The employer drew up an additional agreement containing new working conditions for the employee (sample 2).

Sample 2

Fragment of an additional agreement to the employment contract

Additional agreement No. 1 to the employment contract dated September 17, 2013 No. 47/13-td

Joint Stock Company "Everest", hereinafter referred to as the "Employer", represented by General Director Oleg Romanovich Vershinin, acting on the basis of the charter, on the one hand, and Belogorov Yuri Petrovich, hereinafter referred to as the "Employee", on the other hand, on the basis of the report on conducting a special assessment of working conditions dated January 28, 2015 and a collective agreement dated December 31, 2014, we entered into an additional agreement to the employment contract dated September 17, 2013 No. 47/13-td on the following.

1. Clause 1.5 of the employment contract shall be stated in a new edition:

“Working conditions at the microbiologist’s workplace are acceptable (class 2); the work performed by the employee under this contract does not relate to work under difficult, harmful and (or) dangerous working conditions.

The workplace complies with government regulations regulatory requirements"occupational safety"

2. Clause 3.1 of the employment contract shall be stated in a new wording: “The employee is established a five-day working week of 40 (forty) hours. Days off are Saturday and Sunday." 3. Clause 3.4 of the employment contract (on the provision of additional paid leave) should be deleted. 4. Clause 4.3 of the employment contract (on additional payment for work in hazardous working conditions) should be deleted. 5. Clause 4.5 of the employment contract (on the provision of milk for work in hazardous working conditions) should be deleted. 6. The remaining terms of the employment contract dated September 17, 2013 No. 47/13-td, not affected by this agreement, remain unchanged. 7. This agreement comes into force two months from the moment the changes are signed by both parties and is an integral part of the above employment contract. 8. This agreement is drawn up in two copies, identical in content, having equal legal force, one for each of the parties.

IF THE EMPLOYEE REFUSES TO SIGN AN ADDITIONAL AGREEMENT An employee may refuse to sign an additional agreement to the employment contract if he does not agree:

· with the results of a special assessment of working conditions;

· cancellation of guarantees and compensations.

THE EMPLOYEE DOES NOT AGREE WITH THE RESULTS OF THE SPECIAL ASSESSMENT OF WORKING CONDITIONS

Law No. 426-FZ allows an employee to appeal the results of a special assessment of working conditions at his workplace (clause 3, clause 1, article 5 of Law No. 426-FZ). To do this, he needs to contact the state labor inspectorate, which will conduct a state examination of working conditions (clause 1, article 26 of Law No. 426-FZ). Based on the conclusion of the state examination of working conditions, the results of the special assessment will be confirmed or cancelled. In this case, the employer needs to conduct an unscheduled special assessment (clause 2, part 1, article 17 of Law No. 426-FZ).

THE EMPLOYEE REFUSES TO WORK UNDER THE NEW CONDITIONS

If the employee does not agree to work in the new conditions, the employer needs to offer him in writing another job available to him, which the employee can perform taking into account his state of health (Part 3 of Article 74 of the Labor Code of the Russian Federation):

· a vacant position or a job corresponding to the employee’s qualifications;

· vacant lower position or lower paid job.

The employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. He is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no such work for the employee or he refuses the offered work, the employment contract is terminated in accordance with clause 7 of Part 1 of Art. 77 of the Labor Code (Part 4 of Article 74 of the Labor Code of the Russian Federation).

ON THE. Yamanova

Source: “Salary”, No. 2, 2015.

admkugarchi.bashkortostan.ru

If working conditions at an employee’s workplace have become acceptable or optimal, the employer no longer has any grounds to provide employees with guarantees and compensation for working under harmful and (or) dangerous working conditions. But the cancellation of guarantees and compensation, as well as the need to make appropriate changes to the employee’s employment contract, must be notified at least two months before their cancellation (Part 2 of Article 74 of the Labor Code of the Russian Federation). During this period, the employee must be provided with the guarantees and compensation previously established by the employment contract.

If, based on the results of a special assessment, working conditions at the workplace have deteriorated, become harmful or dangerous, an additional agreement to the employment contract must also be concluded with the employee. It should be taken into account that the provision of mandatory benefits and guarantees begins from the date of signing the report on the special assessment of working conditions, regardless of the date of signing the additional agreement to the employment contract (clause 2 of the letter of the Ministry of Labor of Russia dated March 26, 2014 No. 17-3/10/B- 1575).

If guarantees and compensation for harmful workers are established in the collective agreement, then first amend the collective agreement.

Rationale

We make changes to the employment contract based on the results of a special assessment

Working conditions at the employee’s workplace may change based on the results of a special assessment - they may not meet the conditions established by the certification. For example, they were optimal, but a special assessment recognized them as harmful or dangerous. Changing working conditions requires amendments to employment contracts with employees.

A description of the working conditions at the employee’s workplace is a prerequisite for inclusion in the employment contract. This is stated in Part 2 of Article 57 of the Labor Code.

If an employee goes to work under harmful and (or) dangerous working conditions, the employment contract also indicates the guarantees and compensation provided by the employer for working in such conditions.

Classification of working conditions

Working conditions are a set of factors in the production environment and the labor process that affect the performance and health of the employee (Part 2 of Article 209 of the Labor Code of the Russian Federation).

Results of the special assessment. An employer can classify working conditions in workplaces as harmful or dangerous for the purposes of applying labor legislation only on the basis of the results of their special assessment, carried out in accordance with the requirements of Federal Law No. 426-FZ of December 28, 2013 (hereinafter referred to as Law No. 426-FZ). This was indicated by the Russian Ministry of Labor in letter dated March 21, 2014 No. 15-1/B-298.

Four classes of working conditions. According to the degree of harmfulness and (or) danger, working conditions at the employee’s workplace are divided (Article 14 of Law No. 426-FZ):

- to optimal (1st class);
- acceptable (2nd class);
- harmful (subclasses 3.1, 3.2, 3.3 and 3.4);
- dangerous (4th class).

If a company has conducted a special assessment, it may have to make changes to employment contracts with employees.

In what cases are changes made to an employment contract?

It is necessary to make changes to the employment contract with an employee if the working conditions at his workplace have changed. For example:

- when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of certification of workplaces), but according to the results of a special assessment they were recognized as harmful or dangerous;
- working conditions were harmful or dangerous (confirmed by the results of workplace certification), and according to the results of a special assessment they were recognized as optimal or acceptable.

Table of Guarantees and Workers' Compensation

No.	Guarantees and compensation	Working conditions in the workplace based on the results of a special assessment
		optimal	acceptable	harmful 1st degree	harmful 2nd degree	harmful 3rd degree	harmful 4th degree	dangerous
		1st class	2nd class	subclass 3.1	subclass 3.2	subclass 3.3	subclass 3.4	4th grade
1	Increase in wages (Article 147 of the Labor Code of the Russian Federation)	-	-	+	+	+	+	+
2	Additional leave (Article 117 of the Labor Code of the Russian Federation)	-	-	-	+	+	+	+
3	Shortened working hours (Article 92 of the Labor Code of the Russian Federation)	-	-	-	-	+	+	+

An employment contract cannot include conditions that limit rights or reduce the level of guarantees for an employee compared to those established by labor legislation. If they are nevertheless included, they are not subject to application (Part 2 of Article 9 of the Labor Code of the Russian Federation)

According to labor legislation, during the entire period of validity of the employment contract, the parties have the right to make changes to it. They are introduced by concluding an additional agreement to the employment contract (Part 1 of Article 9 and Article 72 of the Labor Code of the Russian Federation). Such an agreement between the employee and the employer is an integral part of the employment contract.

The results of the special assessment relate to reasons related to changes in organizational or technological working conditions. In this case, it is allowed to change the terms of the employment contract determined by the parties (except for changing the employee’s labor function) at the initiative of the employer (Part 1 of Article 74 of the Labor Code of the Russian Federation).

If the working conditions at the employee’s workplace have changed based on the results of a special assessment

In this case, the employer needs:

- notify the employee about changes in working conditions at his workplace and about the need to make changes to the employment contract;
- prepare a draft additional agreement to the employment contract with the employee;
- if an employee refuses to continue working under new conditions or refuses to sign an additional agreement to the employment contract, follow the procedure for his dismissal.

We notify the employee about changes in his working conditions

The employee's working conditions are improved - benefits are canceled

During this period, the employee must be provided with the guarantees and compensation previously established by the employment contract.

There is no unified form for such a notification; it is drawn up in any form (sample 1).

Example 1

Notification of an employee about changes to his employment contract in connection with the improvement of his working conditions

At Everest JSC, Yu.P. works as a microbiologist (List position code No. 2 - 2250500b-23619). Belogorov.

When concluding an employment contract with him dated September 17, 2013 No. 47/13, working conditions were defined as harmful 1st degree, 3rd class (3.1) (clause 4 “R 2.2.2006-05. Guidelines for the hygienic assessment of working environment factors and labor process. Criteria and classification of working conditions", approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005). The class of working conditions was confirmed by workplace certification carried out in the company in 2013.

The company provided the employee with the following guarantees and compensation:

- established reduced working hours - a 36-hour work week;

- paid increased wages;

- provided additional paid leave of 7 calendar days.

In 2013-2014, the employer worked to improve a number of working conditions in some workplaces.

In 2014, the company conducted a special assessment of working conditions (report dated January 28, 2015). According to its results at the workplace of microbiologist Yu.P. Belogorova's working conditions were recognized as acceptable (2nd class).

The employee is familiar with the results of the special assessment; he signed the special assessment card for working conditions at his workplace.

After conducting a special assessment, Yu.P. Belogorov loses the right to guarantees provided for working in hazardous working conditions, since his working conditions are now recognized as acceptable.

It is necessary to notify the employee of the need to make changes to his employment contract.

Solution

Notification of changes to the employment contract is drawn up in any form (sample 1 below).

Sample 1 Notification of the employee about the need to make changes to the employment contract

Informing the employee about working conditions

The employee has the right to receive reliable information from the employer (part 1 of article 21, part 2 of article 212 and part 1 of article 219 of the Labor Code of the Russian Federation):

- about the conditions and requirements for labor protection in the workplace;

- about the existing risk of damage to health;

- about the compensation and personal protective equipment due;

- on the results of a special assessment of working conditions at his workplace (clause 5 of Article 15 of Law No. 426-FZ).

Working conditions have deteriorated - the employee needs to establish additional guarantees and compensation

- operating mode;
- salary;
- the procedure for granting and duration of additional paid leave;
- provision of therapeutic and preventive nutrition;
- mandatory medical examination, etc.

It should be taken into account that the provision of mandatory benefits and guarantees begins from the date of signing the report on the special assessment of working conditions, regardless of the date of signing the additional agreement to the employment contract (clause 2 of the letter of the Ministry of Labor of Russia dated March 26, 2014 No. 17-3/10/B- 1575).

We draw up an additional agreement

Example 2

Let's continue with example 1. It is necessary to draw up a draft additional agreement to the employment contract with Yu.P. Belogorov.

Solution

The employer drew up an additional agreement containing new working conditions for the employee (sample 2).

Sample 2 Fragment of an additional agreement to an employment contract

If the employee refuses to sign an additional agreement

An employee may refuse to sign an additional agreement to the employment contract if he does not agree:

- with the results of a special assessment of working conditions;
- cancellation of guarantees and compensations.

The employee does not agree with the results of a special assessment of working conditions

Law No. 426-FZ allows an employee to appeal the results of a special assessment of working conditions at his workplace (subclause 3, clause 1, article 5 of Law No. 426-FZ).

To do this, he needs to contact the state labor inspectorate, which will conduct a state examination of working conditions (Clause 1, Article 26 of Law No. 426-FZ).

Based on the conclusion of the state examination of working conditions, the results of the special assessment will be confirmed or cancelled. In this case, the employer needs to conduct an unscheduled special assessment (clause 2, part 1, article 17 of Law No. 426-FZ).

The employee refuses to work under the new conditions

- a vacant position or work corresponding to the employee’s qualifications;
- vacant lower position or lower paid job.

If there is no such work for the employee or he refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code (Part 4 of Article 74 of the Labor Code of the Russian Federation).

From the magazine article “Handbook of Occupational Safety and Health Specialist (Occupational Safety and Health)” No. 1, January 2016

Compensation after a special assessment: what to do with the collective agreement?

Oleg KONOVALOV, CEO LLC "Legal Support" labor relations" (Moscow)

Key issues

Is the employer obligated to cancel benefits after a special assessment?
What consequences will occur if benefits are canceled in violation of the collective agreement?
Is it possible to terminate a collective agreement?

Legal basis

You will find the most necessary regulations on this topic here.

Is the employer obligated to cancel benefits after a special assessment?

Based on the results of the special assessment, the employer may reduce the number of benefits provided to employees. According to the new rules, an employee does not have the right to additional leave if the working conditions at his workplace correspond to class 3.1 and below. A shortened working week can be provided if a hazard class of 3.3 or higher is established.

If a special assessment has not been carried out at the workplace, then the results of the certification are valid and the employee receives benefits in the same manner. After a special assessment, the employee loses the right to benefits1. But should the employer cancel them and what could stop him from doing so?

The employer has no obligation to cancel benefits. Another thing is that while continuing to provide them, he cannot write off the costs of labor protection. That is, they cannot be included in the cost of products (goods/services). As a result, the employer does not have the right to legally reduce the tax base and make these payments from the profit of the enterprise. Therefore, the employer receives an additional financial burden.

A collective agreement may become an obstacle to the abolition of benefits. It usually establishes specific benefits associated with working in hazardous conditions. And after the expiration of the certification results, the collective agreement does not automatically terminate. Therefore, the employer is obliged to adhere to its requirements.

What consequences will occur if compensation is canceled in violation of the collective agreement?

Employers cancel compensation, citing the results of a special assessment. If the organization has a collective agreement, then such a decision should not be made. Otherwise, there is a contrast between the Labor Code and the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions.”

Warns

Nadezhda REZANOVA,

Leading Legal Advisor at European Legal Service LLC (Moscow)

The employer should not hope that he will get off with a minimum fine of 30,000 rubles. And even 50,000 rubles one time may not stop. But in Lately The labor inspectorate punishes based on a combination of violations. That is, the final amount of the fine will be directly proportional to the number of employees whose labor rights were violated.

The Labor Code determined that the collective agreement, which establishes compensation and benefits for employees, is a priority for the employer. In addition, the employer does not have the right to reduce the number and amount of compensation for harmful or dangerous working conditions, if in fact the working conditions have not changed (Clause 3, Article 15 of the Federal Law of December 28, 2013 No. 421-FZ “On Amendments to Certain Legislative acts Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions”).

Example:

In a medical organization, during the certification of workplaces, the working conditions of doctors were assigned a hazard class of 3.1 in terms of illumination. Workers were provided with additional leave for hazardous working conditions.

In 2014, the employer conducted a special assessment. According to its results, the class of working conditions in terms of illumination remained the same – 3.1. However, no measures were taken to improve lighting.

Based on the results of the special assessment, the employer does not have the right to cancel compensation in the form of additional leave for already working employees. However, those who find a job after a special assessment do not need to be provided with additional leave (part one of Article 117 of the Labor Code of the Russian Federation).

Therefore, an employer, reducing compensation and benefits to employees without changing the collective agreement, risks being fined in the amount of 30,000 to 50,000 rubles (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Until now, the labor inspectorate has not checked whether the compensation provided to employees corresponds to the content of collective agreements.

Here are two main reasons.

The imperfection of the regulatory legal framework, that is, the direct reluctance of inspectors to touch upon the most complex issue of paying for the “usual” amounts of benefits and compensation. This is especially true for social enterprises (schools, hospitals, etc.), as well as enterprises in the industrial sector of the economy (municipal wastewater treatment plants etc.). Inspectors are stopped by the lack of precedents among their colleagues from other regions.
Absence judicial practice on the issue of eliminating benefits and compensation previously established by collective agreements.

Is it possible to terminate a collective agreement?

It is unlikely that the collective agreement will be cancelled. Trade unions or other representatives of the workforce will stand in the way. Therefore, the only way is to wait until the contract expires. Moreover, you won’t have to wait long – the term of the contract cannot be more than three years. If it was concluded at the end of 2013, it will cease to apply at the end of 2016.

Advises

Alexey SUTYAGIN,

editor-in-chief of the magazine “Occupational Safety and Health: Simple and Clear”

Before starting a special assessment or immediately after its completion, the employer needs to check whether it has a collective agreement in force. Find out what compensation and benefits are provided to them. If the situation of workers may worsen after the cancellation of compensation based on the results of the special assessment, work must begin to amend the collective agreement.

However, there are several options that you can use to early termination collective agreement:

carry out reorganization in the form of: merger, accession, division or separation;
change the form of ownership of the organization;
conduct negotiations on amending the collective agreement in terms of the provision of benefits (Article 43 of the Labor Code of the Russian Federation).

In the first and second cases, the contract will expire three months after the changes are made. In the second, from the moment the amended agreement comes into force.

www.glavbukh.ru

	Class of working conditions		Surcharge 4%	Additional leave (from 7 days)	Shortened work week (36 hours)
AWS	Optimal	1	No	No	No
	Acceptable	2	No	No	No
	Harmful	3.1	Yes	Yes	Yes
		3.2	Yes	Yes	Yes
		3.3	Yes	Yes	Yes
		3.4	Yes	Yes	Yes
	Dangerous	4	Yes	Yes	Yes
SOUT	Optimal	1	No	No	No
	Acceptable	2	No	No	No
	Harmful	3.1	Yes	No	No
		3.2	Yes	Yes	No
		3.3	Yes	Yes	Yes
		3.4	Yes	Yes	Yes
	Dangerous	4	Yes	Yes	Yes

Ekaterina KUZNETSOVA,

Department head economic analysis and monitoring of labor conditions and safety of the Federal State Budgetary Institution "VNII of Labor Protection and Economics" of the Russian Ministry of Labor (Moscow)

Guarantees and compensation for the employee are established based on the results of a special assessment of working conditions in accordance with Articles 92, 117 and 147 of the Labor Code. But the employee has the right not to use compensation that is provided in a larger amount than the minimum established by the state, and to receive money instead. For example, work the usual 40 hours a week (not 36 hours), use only seven days of additional leave for working in hazardous working conditions (if the employee is entitled to longer leave). In order to exercise these rights, the procedure, amounts and conditions for the payment of monetary compensation must be enshrined in the relevant industry (inter-industry) tariff agreement1. For example, how much to pay for additional hours of work, when it is possible to extend the work shift, etc. The norms from the industry agreement are transferred to the collective agreement of a particular enterprise. And each employee individually decides to exercise their rights.

“A special assessment has been carried out: how to properly document the results” (No. 10, 2014)

what benefits and compensation can an employee claim? A special assessment of working conditions has radically changed the approach to assigning guarantees and compensation for harm to employees. It is not always clear to the employer what to do with the results of the special assessment – to whom to assign benefits and to whom to cancel. And the main thing is how to arrange it all correctly. Let's find out in the article. Today, the basis for assigning benefits is the specific working conditions of the employee, and not the inclusion of...admin [email protected] Expert

Interest on the tariff rate (salary) is set in the following amounts: for work with difficult and harmful working conditions - 4, 8, 12%; in jobs with especially difficult and especially harmful working conditions - 16, 20, 24%. Specific amounts of wage increases are determined by the employer on the basis of certification of workplaces and assessment of working conditions in them (at the same time, he takes into account the opinion of the representative body of workers in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations). The size of the increase can also be established by a collective or labor agreement (Part 3 of Article 147 of the Labor Code of the Russian Federation). The organization establishes specific amounts of additional payments to salaries (in rubles) for employees working in hazardous conditions.

400

Pay the Employee compensation for the use of a personal car, tools, etc. for the needs of the organization; — bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation; - exercise other rights granted to him by the Labor Code of the Russian Federation. 3. Working hours 3.1. The employee is provided with a five-day working week of 36 (thirty-six) hours.

Weekends are Saturday and Sunday. 3.2. The Employee’s work in the position specified in clause 1.1 of the contract is carried out in hazardous working conditions.
3.3. The employee is granted annual leave of 28 calendar days. 3.4. The employee is granted additional paid leave of 12 calendar days, and the additional leave is added to the main leave of 28 calendar days.
3.5.

How to correctly spell out harmful working conditions in a contract?

Important

Part of the vacation exceeding 28 calendar days cannot be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation). 3.6. By family circumstances and others good reasons At his request, an employee may be granted short-term leave without pay. wages.

3.7. An employee working during the cold season outdoors or in closed, unheated rooms, if necessary, special breaks for heating and rest are provided, which are included in working hours. 4. Terms of remuneration 4.1. For the performance of work stipulated by this employment contract, the Employee is paid a salary of 50,000 rubles.
per month. 4.2. Salaries are paid at the Employer's cash desk on the 15th and 30th of each month in accordance with the internal rules labor regulations.

Press center

This practice should be considered legal if the increase in wages (additional payments) in a fixed monetary amount is not lower than calculated in proportion to the salary (tariff rate), as provided for by law. Thus, certification of workplaces is the basis for classifying working conditions as harmful or dangerous, which gives the employee the right to receive guarantees and compensation (reduced working hours, additional annual paid leave, increased wages, etc.).

Online magazine for accountants

From the date of entry into force of this additional agreement, all previous versions of the employment contract dated February 27, 2007 No. 116 are not subject to application. 9.3. This additional agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Signatures of the parties: Employer Employee "Alpha" Address: 125008, Moscow, st. Mikhalkovskaya, 20 INN 7708123436, KPP770801001r/s 40702810400000002233vAKB "Nadezhny" k/s30101810400000000222BIK044583222 Dezhneva Anna Vasilievnapassport series 46 02 No. 54517 7 issued by the Internal Affairs Directorate of the Voskresensky district of the Moscow region.

Registration address: 125373, Moscow, blvd. Jana Rainisa, Dr. 24, bldg. 2, apt. 474 A.V. Lvov A.V. Dezhneva A copy of the additional agreement was received by A.V.

NA No. 2‘2008If working conditions at the workplace are harmful and (or) dangerous, this must be indicated in the employment contract (Article 57 of the Labor Code of the Russian Federation). In addition, in this case, the contract must also provide for compensation for work under such conditions. These compensations were approved by Decree of the Government of the Russian Federation dated November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for employees employed in hard work, work with harmful and (or) dangerous and other special conditions labor" (hereinafter referred to as Decree No. 870 dated November 20, 2008). Please note! The types and amounts of compensation depend on the class of working conditions. For workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, based on the results of certification of workers compensation is established for places (clause

Sample additional agreement with hazardous working conditions

Resolution No. 870 of November 20, 2008): reduced working hours - no more than 36 hours per week in accordance with Art. 92 Labor Code of the Russian Federation; annual additional paid leave - at least 7 calendar days; increase in wages - at least 4% of the tariff rate (salary) established for various types of work with normal conditions labor. The Ministry of Health and Social Development of Russia was instructed (clause 2 of Resolution No. 870 of November 20, 2008) - depending on the class of working conditions and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations - to establish compensation for workers engaged in heavy work, work with hazardous and (or) dangerous and other special working conditions.
The employee is provided with a reduced working time - (no more than 36) hours per week in the manner, amount and under the conditions established by industry (inter-industry) agreements and collective agreements. 3. Based on clause of the Industry (inter-industry) agreement "" and clause.
Collective Agreement "" for the year - the duration of the Employee's reduced working hours is increased to (no more than 40) hours per week with the payment to the Employee of a separately established monetary compensation in the amount of () rubles, paid simultaneously with the payment of wages on the terms, which are established by clause of the Industry (inter-industry) agreement and clause of the Collective Agreement for the city.
- 4. This Supplementary Agreement comes into force from the moment of signing, is valid until » » and is an integral part of the Employment Agreement dated » » N. 5.
Responsibility of the parties 5.1. In case of failure or improper execution The employee bears disciplinary, material and other responsibility for the duties assigned to him by this employment contract, internal labor regulations, and labor legislation in accordance with the current legislation of the Russian Federation. 5.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.
6. Termination of the employment contract 6.1. On the general grounds provided for by current legislation. 6.2. In all cases, the day of dismissal of the Employee is the last day of his work.

7. Guarantees and compensation 7.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation. 7.2.

Attention

Observe established by the Employer internal labor regulations, production and financial discipline, conscientious attitude to the fulfillment of their job responsibilities, specified in paragraphs. 2.2.1 of this employment contract. 2.1.3. Take care of the Employer's property. 2.1.5. Undergo medical examination in a timely manner.

2.1.6. Comply with labor protection, safety and industrial sanitation requirements. 2.1.7. Contribute to the creation of a favorable business and moral climate at work.
2.2. The employer undertakes: 2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.
2.2.2.
The salary of employees engaged in heavy work, work with harmful, dangerous and other special working conditions must exceed the salary at established rates (tariffs, salaries) for employees working in normal conditions (Part 1 of Article 147 of the Labor Code of the Russian Federation). At the same time, its upper limit is not limited by law, but the lower limit, on the contrary, is limited. An increase in wages for such employees should be made based on the results of workplace certification and in an amount of at least 4 percent of the rate (tariff, salary) established for various types of work with normal working conditions (Part 2 of Article 147 of the Labor Code of the Russian Federation, Clause 1 of the Government Resolution RF dated November 20, 2008 No. 870).

Details in the System materials:

Answer: How to organize work under harmful or dangerous working conditions.

Harmful working conditions Harmful working conditions are production factors that can cause an employee different kinds diseases. Such conditions include, in particular, radiation, noise, vibration, etc.

n. You can find out which jobs are hazardous using the list of industries, workshops, professions and positions with hazardous working conditions, approved by Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22. In addition, you can use the order of the Ministry of Health and Social Development of Russia dated April 12, 2011.

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

Let’s look at the conditions under which the special labor regime is lifted. When should the manager 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 December 28, 2013. The normative act regulates the rules for establishing hazards and hazards at work. The event is carried out according to the following logic:

The employer enters into an agreement with the evaluation commission and provides its employees with documentation;
Specialists organize an assessment of each work place and draw conclusions about the degree of danger or severity, including in terms of work stages;
The results of the specialists’ activities are documented in the form of a report.

Attention: the assessment report is the basis for making changes to the contract of the employee occupying the position specified in the document workplace.

Why do they remove harmfulness?

, approved in the USSR. The 1974 regulation is still in effect. Over the past years, a lot has changed in production:

new technologies have appeared to make work easier;
modern equipment was invented and put into production;
professions arose that did not 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 articles of the Labor Code;
the state, which takes upon itself the social protection of citizens.

For information: with the enactment of the law, big job on recertification of places of work. It often leads to the transfer of a position from a heavy class to a regular one.

What should an employer do?

The management of the enterprise receives certification certificates from employees of the evaluation commission. Documentation must be approved within ten days. If there are doubts about the correctness of the assessment, a claim is filed. This can be sent to court.

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

workers are warned about;
for each, additions to the contract are drawn up;
the latter are carried out by order of the enterprise;
changes must be agreed upon with a trade union organization or other representative body;
employees are asked 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 the contract is the certification act. His details must appear in the documents.

Do you need information on this issue? and our lawyers will contact you shortly.

Subtleties of design

The methodology for organizing interaction between the parties when eliminating heavy duty work is described in the Labor Code. This involves the signing of an additional agreement. Theoretically, the initiator can be either a boss or a worker. The order is:

The HR officer prepares draft additional agreements for each employee whose work schedule has changed. The legislation does not provide for a special form for such a document. You should rely on the text of the first contract with the employee (copy the form);
Employees should be notified of changes in writing.

Workers are notified of the results of inspection activities and relevant 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 (you should refer to the certification sheet and the Labor Code);
offer:
- agree with the innovation;
- obtain a different place of application of forces at the same enterprise;
warning about the severance of relations in accordance with the Labor Code (reduction) in case of refusal to switch to a new regime;
publication date;
manager's signature.

Hint: the notice is issued to the employee against signature or sent by letter with acknowledgment of delivery. Download for viewing and printing:

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

What should a worker do?

The citizen who received the notification must choose the most profitable proposition. He can:

agree to cancel some guarantees and reduce wages (they will stop paying for harmful activities);
ask to be transferred to another place where the guarantees are preserved;
refuse.

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

the person is warned two months in advance about the new state of affairs;
The HR 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 person registers with the employment authorities and receives the appropriate benefit.

Advice: in conflict situation workers can send a complaint to the State Labor Inspectorate. Experts will check the legality of canceling payments for complexity and harmfulness.

Video about Article 74 of the Labor Code of the Russian Federation

July 29, 2018, 19:09 March 3, 2019 13:35

Management Working conditions are a set of factors in the working environment and the labor process that affect the performance and health of the employee (Part 2 of Article 209 of the Labor Code of the Russian Federation). Results of the special assessment. An employer can classify working conditions in workplaces as harmful or dangerous for the purposes of applying labor legislation only on the basis of the results of their special assessment, carried out in accordance with the requirements of Federal Law No. 426-FZ of December 28, 2013 (hereinafter referred to as Law No. 426-FZ). The list of harmfulness” has not been canceled. Thus, in accordance with Art. 423 of the Labor Code of the Russian Federation, until the adoption of the corresponding regulatory legal act, the List of “pests” continues to be valid. - In fact, no one has canceled this List. Just a definition Supreme Court Everyone began to interpret the RF of April 4 in their own way, although the resolution part does not mention any abolition of the Harm List.

Cancellation of additional leave.

The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts. (Clause 5 of Article 15 426-FZ). — Since the conditions of harmfulness (guarantees and compensation for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace...) must be specified in the TD, then when they cancellation, with the employee, in order to continue the employment relationship, a DS must be concluded (Article 57 of the Labor Code of the Russian Federation). Thus: 1. Taking into account holidays, you have until 05/08/2. You are obliged to provide all compensation earned, not only for 2014, but also for January-April 2015, to employees.

#3 IP/Host: 217.150.58. Registration date: 05/02/2015 Messages: 5 Re: is it necessary to give notice of the cancellation of additional leave Thank you very much for chewing on this.

How to issue a notice of cancellation of compensation?

A description of the working conditions at the employee’s workplace is a prerequisite for inclusion in the employment contract. Notifying employees about the cancellation of compensation payments Should we now notify employees 2 months in advance about the cancellation of compensation payments? The employer has the right to take the initiative to unilaterally change these conditions by warning the employee at least two months in advance, since their cancellation is caused by an objective change in organizational and technological working conditions, as confirmed by certification materials. As a rule, bringing working conditions to normal (optimal or acceptable) conditions requires the conclusion of an additional agreement to change the terms of the employment contract.

Press center

Attention

Since the characteristics of working conditions, the amount of payment, the duration of working hours and vacation are the terms of the employment contract, bringing working conditions to normal (optimal or acceptable) requires the conclusion of an additional agreement to change the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation). If an employee refuses to conclude an additional agreement canceling compensation, the employer has the right to take the initiative to unilaterally change these conditions by warning the employee at least two months in advance, since their cancellation is caused by an objective change in organizational and technological working conditions, which is confirmed by the materials of a special assessment (Art. 74 Labor Code of the Russian Federation). If the employee does not agree with the change, and in this case he cannot be transferred to another job, the employer, after two months, has the right to terminate the employment contract with him (clause

7 hours 1 tbsp.

Registration date: 02/09/2015 Messages: 17,972 Re: is it necessary to give notice of the cancellation of additional leave The organization has undergone certification of workplaces. canceled extra holidays, extra pay for harmfulness, milk. certification took place in December 2014; certification of workplaces based on working conditions has not been carried out since January 1, 2014. it was replaced by a special assessment. and the certification report was sent on April 8. On what date should all procedures be carried out and is it necessary to notify employees and how much in advance? How to arrange everything correctly and from what date. We are completely confused and no one knows how and what to formalize correctly, but time is running? Maybe there is some document where all this is spelled out? And for 2014 you need to provide additional information.
holidays if changes come into force in 20151. Vacations are not granted for calendar years.

Withdrawal of additional leave and additional pay from the employee

In the event of an early change or termination of the collective agreement for 2014–2015, this additional agreement is valid until its termination or until the next additional agreement is signed. 6. This additional agreement is drawn up in two copies having equal legal force, one for each party. Signatures of the parties: Employer Employee Limited Liability Company "Alpha" (LLC "Alpha")Address: 125008,

Moscow, st. Mikhalkovskaya, 20 INN 7708123436, checkpoint 770801009r/s 40702810400000002233v JSCB "Nadezhny" c/s 30101810400000000222BIK 044583222 Lampochkin Alexey Vladimirovichpassport series 46 0 2 No. 545177 issued by the Department of Internal Affairs of the Voskresensky district of the Moscow region. 04/15/2002 Registration address: 125373, Moscow, blvd. Jana Rainisa, Dr. 24, bldg. 2, apt. 474 A.V. Lvov M.P. A.V. Lampochkin A copy of the additional agreement was received by A.V.

With absence said work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. In the case where the reasons specified in part one of this article may entail mass dismissal workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulations, to introduce a part-time working day (shift) and (or) part-time working week for a period up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code.

Notice of cancellation of additional leave for hazardous working conditions

For example: No. Date of measurements Name of harmful and (or) dangerous factor in the production environment and labor process Classification of working conditions 1 2 3 4 1 06/05/2014 severity of the labor process 2 2 06/05/2014 intensity of the labor process 2 06/05/2014 air temperature 3.1 We also note that employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are recognized as harmful (dangerous), then they have the right to compensation provided during the period of work: increased wages, additional leave, reduced working hours , distribution of milk, therapeutic and preventive nutrition, etc. Therefore, in the employment contract with the employee, it is necessary to specify all the compensation that you want to establish for employees.
I would like to note that the mechanism for certifying workplaces proposed today simplifies the entire procedure for objectively assessing their quality, and current model providing additional leave and shortened working hours is fundamentally different from the model for establishing compensation proposed by the Russian Ministry of Labor. Conference of YurClub 72, or in accordance with Art. 74. “A review of the compensation provided to employees engaged in work with harmful and (or) dangerous working conditions is possible based on the results of a special assessment of working conditions, while an improvement in working conditions is considered to be a decrease in the final class (subclass) of working conditions in the workplace.” (information from the Russian Ministry of Labor " Typical questions and answers on a special assessment of working conditions") “If, during a special assessment, working conditions at previously certified workplaces are found to be safe, guarantees and compensation for workers are not established.
Do employees need to be given 2 months notice or will an additional agreement be sufficient? #4 IP/Host: 109.188.126. Registration date: 05/01/2015 Messages: 1,621 Re: is it necessary to give notice of the cancellation of additional leave Message from Eva25 Thank you very much for chewing on this. Do employees need to be given 2 months notice or will an additional agreement be sufficient? Notify (and offer vacant positions) only in case of disagreement to sign the DS and, accordingly, unilateral dismissal (Article 74 of the Labor Code). If there is agreement, the DS is sufficient (Letter of the Ministry of Labor dated March 21, 2014 No. 15-1/B-298 “On the use of the results of a special assessment and the possibility of using the results of certification of workplaces”) #5 IP/Host: 217.150.58.
Labor Code of the Russian Federation) Notification of the abolition of harmful working conditions 1. For employees different periods For example, I have vacations from August 2013 to August 2014, according to the schedule I should go in June 2014. Since the notice of vacation cancellation came into force only in May, I should be given part of the additional vacation in the number of calendar days proportional to the elapsed period before How was I notified? 2. Or should they generally provide additional leave in full, since the vacation schedule was adopted back in 2013, taking into account additional leave, before certification? Trade union news Now, in connection with the act of the Supreme Court, workers employed at hazardous industries, whose positions and works are named in this list, are deprived of the right to the provided state guarantees for the provision of additional leave, increased wages and a shortened working week.
Law No. 426-FZ). Consequently, if, based on the results of a special labor assessment, acceptable or optimal conditions, then indicate so in the employment contract (for example, In accordance with the assessment of working conditions dated February 13, 2014, working conditions at the workplace are acceptable). If, based on the results of a special labor assessment, dangerous or harmful working conditions are established, then the employment contract must also indicate these conditions, and indicate a list of harmful production factors given in the special assessment cards of working conditions. The list of harmful and (or) dangerous factors in the working environment and the labor process that are subject to research (testing) and measurement during a special assessment of working conditions is specified in Article 13 of the Federal Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions.”

Notice of cancellation of additional leave for hazardous working conditions. How to properly prepare a notice of change, based on the results of certification, of an allowance for hazardous working conditions

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Withdrawal of additional leave and additional pay from the employee

Notice of cancellation of additional leave for hazardous working conditions