Working in an unfavorable environment deteriorates a person's health.

Therefore, in the Russian Federation, at the legislative level, employers are required to pay compensation to those workers who are constantly exposed to harmful influences in their workplace.

Which ones are covered by the law in 2019? And what additional payments exist in this case? Let's take a closer look in this article.

Legislative regulation

In order to protect the health and life of workers exposed to the negative influence of production factors, several legislative acts have been approved in the Russian Federation.

Article 147 of the Labor Code of the Russian Federation entitles them to receive a cash supplement. But they will be able to receive it only if the influence of negative impacts during the labor process is established during the certification of workplaces before the beginning of 2014. Such standards were established before the beginning of the specified year.

Innovations in legislation on occupational hazards were adopted in Federal Law No. 426 dated December 28, 2013. They replaced the previously existing concept of certification with a different definition - assessment of personnel working conditions (SAW). Moreover, in Part 4 of Art. 27 of this law, the employer does not have to inspect those workplaces that have been certified during the previous 5 years before the adoption of this standard. The exception concerned only unscheduled analysis due to the need to analyze the impact of the work environment.

Workers directly involved in the production process, where it is impossible to avoid the negative influence of the working environment, including Art. 219 Labor Code of the Russian Federation guaranteed right to additional amount to salary .

In addition to it, the employee must be ensured:

• reduction of working hours, which cannot exceed 36 hours per week;
• lasting from 7 days.

The employer decides the type and amount of compensation at his own discretion in accordance with the norms of the Labor Code of the Russian Federation. He is not prohibited from initiating an increase in their size. Funds for paying additional wages are deducted from the employer's insurance contributions according to the tariffs. Tariffs for compensation payments are set by insurance organizations.

In some regions there is a special tariff that is established for heavy natural conditions. An example is the resolution N 403/20-155 dated July 2, 1987, which determines the payments of the Ural coefficient from 1.15 to 1.20.

Classification of working conditions in the workplace

What harm can come from a work environment with a negative impact on human health? This is a specific factor that influences a worker in a production environment, capable of penetrating directly into the body or influencing it through wave radiation. As a result, the employee may develop an occupational disease or other disorder, causing a deterioration in his condition or loss of health in his offspring.

Unfavorable working environment factors can have a weak or strong impact on human health. It all depends on the working conditions in which a person works. Therefore, in each organization it is necessary to identify workplaces where the negative working environment affects the functions of the body in order to assign them one class or another.

The environment in which human labor is carried out is divided into classes depending on the degree of deviation from the norms in which a person feels good. Special Commission on Labor Protection sets the degree of deviation from approved standards depending on the severity of the influence of a harmful or dangerous factor.

Classification includes 4 classes of negative impact working conditions:

1. Optimal. In such a working environment, a person maintains health and maintains high level performance.
2. Acceptable (safe). In the working environment there is no excess of maximum permissible concentrations according to approved hygienic standards. During the rest period, a person has time to restore his strength before going to the next shift. Participation in production processes does not have an adverse effect on the worker that could subsequently worsen the worker's health or affect the dysfunction of the offspring.
3. Harmful. There are factors that negatively affect a person or his offspring when performing official duties.
4. Dangerous (extreme). The presence of strongly influencing factors in production, which during the working day pose a great threat to life and health.

The strength of the impact on human health in an unfavorable environment (grade 3) in turn divided into 4 degrees:

• The first is assigned to a work environment when a person experiences functional changes that require a longer recovery period than the time between shifts. There is a possibility of permanent deterioration in health.
• The second is that the influence of an unfavorable environment leads to persistent functional changes in the body, which are often diagnosed as an occupational disease. Moreover, it is precisely those organs that are affected that are most exposed when performing work in a given specialty without loss of professional ability to work.
• The third is characterized by the presence of factors that provoke the occurrence of diseases in workers that are characteristic of this profession. The body suffers mild to moderate harm, leading to a ban on work in this specialty.
• The fourth degree is characterized by a very negative work environment, leading to severe functional changes in the body and serious occupational diseases with loss of general ability to work.

The worker receives the right to additional payment not so much for the difficult environment where human labor is carried out, but because of their harmful effects on the human body. Therefore, the employer is obliged to accrue and pay an additional payment to the salary of a person who does not spare his health for the needs of production.

For what working conditions are they required to pay compensation?

Concern for the health of the working class was one of the main directions in the USSR. Back in 1974, a list of industries, professions and workshops with particularly difficult working conditions was officially approved. In addition to the list, instructions were developed regulating the procedure for its use. Since that time, specialists whose work was associated with an unfavorable workplace environment have been awarded additional payments.

Currently, other professions have been added to the register. If the specialty in which a person works is approved in the list of specialties with particularly harmful conditions, then the additional payment is paid without certification. For other workers, you still need to confirm your rights. This can only be done by a commission that conducts workplace certification. She analyzes the work environment and makes a final decision confirming which harmful factor is causing the employee’s health to deteriorate.

In all regulations that prescribe additional payments to employees, only blue-collar occupations with severe factors appear. Office personnel can count on such compensation only if there is evidence of negative factors in the workplace. For example, the location of waste disposal sites or hazardous industries near the building.

Amount of surcharge

At the legislative level, the risk of loss of health when performing work in an unfavorable environment is established minimum size additional payments amounting to at least 4% of the official salary of employees working in a normal environment. The percentage of the bonus factor for harmfulness is agreed upon between the staff of the enterprise or its representative committee and the employer.

When the amount of the surcharge is finally agreed upon, data on this will be reflected in the following documents:

1. If there trade union committee, then the amount of the additional payment is fixed in the collective agreement.
2. Between the applicant and the employer when hiring a person.
3. The manager issues an order or other local act with the persons involved in it being familiarized with signature.

Unfortunately, a collective agreement is not one of the mandatory documents for all types of enterprises. Therefore, by Order of the Ministry of Culture No. 558, each employer was required to have regulations on wages, which are separate administrative document by organization. It reflects the procedure for remuneration, including the amount of additional payments.

Thus, the employer can increase this amount of funds independently, taking into account all the difficult working conditions of his employee.

Calculation procedure

The calculation is carried out only after receiving the results of workplace certification.

During inspections, the commission determines to what extent the conditions do not correspond to favorable hygienic standards and assigns them one or another class of hazard.

Depending on these data, the accountant will calculate such amounts:

1. Employees working in a work environment of hazard classes 1 and 2 are not accrued interest on their salary for hazardous conditions.
2. For workers whose work environment is assigned class 3, additional payment must be made in accordance with the severity of the influence from harmful factors. It also takes into account how long each person is exposed to the unfavorable environment. The amount received must be within 4 percent tariff rate to a maximum of 24%.
3. Workers who are involved in a class 4 hazardous industrial accident are immediately removed from the labor process. They must be removed immediately due to the great risks to health and life. Only in the event of an emergency can they perform their duties and prevent the consequences of severe damage on a large scale.

Registration procedure

Payment of additional payments is based on the procedure reflected either in the collective agreement or in the local administrative document.

By order of the enterprise after certification the following points are approved:

• the results obtained from assessing working conditions;
• a list of jobs by profession and position in which workers are involved in work in an unfavorable working environment.

The procedure for completing documentation for calculating additional amounts for harmfulness can be found in special instructions N 35 dated 02/22/2008.

The supervisory authorities over employers for the calculation of additional payments for unfavorable working conditions are Rostrud and State inspection labor in the constituent entities of the Russian Federation.

If the employer evades its obligations to accrue amounts for harm, then the worker or team must submit a written statement to the company administration. In case of an unreasonable refusal, the employee should apply for protection of his rights to the above-mentioned regulatory authorities with an application and a copy of the work record book to confirm the fact of employment in the organization. Based on the request received, they will check the existing conditions in the workplace and the presence of negative factors.

Procedure for accrual and issuance

The amount of additional income to the salary for an unfavorable working environment can be calculated using the Standard Regulations. The document was approved by Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 3, 1986 N 387/22-78. This is stipulated in the Information of the Ministry of Labor of the Russian Federation dated October 1, 2012.

Also, Rostrud, in a letter dated June 19, 2012 N PG/4463-6-1, explained the procedure for using USSR standards that are included in a collective or labor agreement.

In Standard Provision the following coefficients are provided additional payments to the tariff rate (salary):

1. severe and harmful conditions - 4, 8 and 12%;
2. especially heavy and harmful - 16, 20 and 24%.

Working pensioners additional payment is calculated in the same way as for all other employees of the enterprise.

For information on compensation surcharges for hazardous working conditions, see the following video:

In the context of the development of technology and mechanization manual labor the list of difficult working conditions is decreasing. The paradox is that in the process of technology development itself, the list of hazardous production is steadily increasing. One must think that the issues of benefits for workers engaged in hazardous production will remain relevant for a long time.

A particular production can be classified as harmful due to many factors, the number of which is growing with the development of new technologies.

The gradation is based on harmfulness, that is, either a high level of potential danger of the work performed for the life or health of the worker, or an already existing negative impact of working conditions on the health of the worker.

Probably, any form of human activity can carry potential danger. A doctor can get infected from a patient, a driver can get into an accident, and so on. But this will fall into the category of accidents. Harmful work affects the human body every day, every hour, not by chance, but by virtue of its essence.

IN general outline hazardous production can be divided into several types:

1. Work associated with the risk of radiation contamination or constant radiation exposure.
2. Work associated with the risk of chemical poisoning or constant toxic exposure.
3. Work associated with the risk of vibration exposure or vibration impact on the worker’s body.
4. Work associated with the risk of biological hazards or exposure to biological hazards.
5. Work associated with the risk of any type of injury: mechanical, chemical, thermal, etc.

Legal regulation of hazardous working conditions

There is a certain legal nonsense in the legal regulation of harmful working conditions. Until now, when determining whether production is classified as harmful, they are guided by a regulatory act adopted in a no longer existing state - the USSR. One can make allowances for the fact that the Russian Federation recognized itself as the legal successor of the USSR, but, nevertheless, issues of hazardous production have long been in need of updated regulatory regulation. If only because in the conditions of a developing industry, modern unified regulation of all legal relations related to hazardous production is needed.

So far, the most complete list of hazardous industries is given in:

1. Resolution of the USSR Council of Ministers of 1977.
2. Additions and changes to the Regulations on the assignment of pensions from the same year.

In addition to Soviet regulations, the norms regulating the concept and conditions of hazardous production include, the full name of which is most often replaced by the abbreviation “SOUT”.

In essence, this regulatory act regulates valuation activities special commissions regarding working conditions.

SOUT work

Appraisal commissions are state-licensed organizations engaged in appraisal activities. The legal basis for their activities is accreditation received from the Ministry of Health and Social Development RF. Accreditation is issued based on the order of the Ministry of Health of 2010, amended and supplemented in 2016 and 2018.

The law on SOUT also includes requirements for:

• independence of evaluation commissions;
• mandatory expert composition of the commission;
• the presence of the corresponding Charter.

Job evaluations are carried out by a commission in the following categories:

• normal conditions;
• acceptable conditions;
• harmful conditions;
• dangerous conditions.

Based on the assessment results, the commission issues a special act, which is mandatory for employers. It is this act that establishes the harmfulness of production, and ultimately affects the establishment of benefits, wages, pension contributions, the size of pensions and the retirement age of workers engaged in hazardous production.

The law defines the obligation of all employers, regardless of the form of ownership of the enterprise, to ensure that a workplace assessment commission is carried out.

Ideally, assessment commissions are held at enterprises once every five years. Since this event is paid and quite expensive for employers, changes and additions were made to the Law of the Russian Federation on SOUT. In accordance with them, employers, in the absence of accidents or illnesses related to work, are allowed to indicate in the declaration of conformity workplaces defined as normal and acceptable, without recertification.

Of course, this is beneficial to employers, but may conflict with the interests of employees in cases where their working conditions change. The legislation enshrines the right of workers, represented by trade unions, to demand re-certification of workplaces if working conditions deteriorate.

Video - Who is entitled to compensation payments for harmful and dangerous working conditions?

Classification of hazardous working conditions

One of the main key features modern regulations on hazardous production and the main slippery point is the ability for SOUT and for employers to differentiate hazardous production according to several indicators.

If Soviet legislation in this part was directive and specific, then today SOUT has the opportunity to reduce the “harmfulness” of production for professions and jobs that, by definition, are considered hazardous.

The basis for classifying works into this category are the following indicators:

• work can cause irreversible functional changes in the human body;
• work can cause occupational disease;
• work can completely deprive a person of his ability to work;
• work is characterized by many factors that make it impossible for the employee’s body to recover before the next work shift.

It would seem that everything is clear. If the work includes the above risks, it should be classified as harmful to life and health. However, SOUT within the same labor function has the ability to reduce the “harmfulness” class. Grounds for downgrading may include:

• providing employees with personal protective equipment;
• providing production with general protection means;
• partial robotization of hazardous production, leading to a reduction in the time workers spend on hazardous work Oh.

On a note! A decrease in the hazard class entails a reduction in compensation payments, additional payments and benefits.

On the one hand, the possibility of downgrading seems logically justified. In fact, this usually entails a deterioration in the situation of workers engaged in hazardous production.

For example, we can take tin production. Of course, it is possible to provide the worker with a respirator, thick gloves and other protective equipment that can not only reduce, but even completely eliminate the risk to his health. However, in reality the situation is completely different. An employee cannot spend an entire work shift wearing a respirator, and cannot use gloves to pick up tinning boards. That is, using the required protective equipment, the employee will actually not be able to cope with the job. And to fulfill working standard he is forced at his own peril and risk to refuse means of protection. This means that he will work in harmful conditions and at the same time receive reduced compensation or not receive it at all.

Division of electric and gas welders

Perhaps no other profession causes so many discrepancies in terms of whether it belongs to harmful or difficult working conditions. The reason is that list No. 2 of the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 includes the specialty “electric and gas welder”. At the same time, the specialty “gas-electric welder” is not included in the lists, although it differs from “electric-gas welder” only by a change in spelling.

In order to eliminate contradictions, the Ministry of Labor of the Russian Federation published letter of recommendation, which is essentially a normative act. In accordance with this letter, the specialties “gas-electric welder” and “electric-gas welder” were equated. Since welding work, according to the SOUT assessment, belongs to class 3, both of them can qualify for all types of benefits, compensation and additional payments due for work in hazardous conditions.

Types of compensation for harmful working conditions

The entire range of measures aimed at compensating the employee for the risks associated with hazardous production is established by current legislation.

Compensatory measures include:

1. Additional paid leave. The Labor Code of the Russian Federation sets the lower bar additional leave in 7 days.
2. Reducing the duration of the work shift. The total working hours should not exceed 36 per week.
3. Increase wages four percent of the fixed salary.
4. Reducing the age limit for retirement.
5. Free spa and general treatment.
6. Providing means of personal and collective protection from the harmful effects of production.
7. Compensation in kind, that is, free food, juices, milk. The employee has the right to refuse in kind, demanding its conversion into monetary terms.

Important! Compensation expressed in cash is not subject to taxation.

Benefits for employees engaged in hazardous work

Typically, non-specialists confuse the concept of benefits for hazardous working conditions with compensation.

In fact, there is only one benefit for workers engaged in hazardous production - a reduction in the age limit for retirement. The main regulatory act in this matter is. In accordance with this law, as well as on the basis that gives the right to a preferential pension, the retirement age is set depending on the harmful production patterns:

• from 45 years of age for women who worked in hazardous production conditions;
• from 50 years of age for men who worked in hazardous production conditions.

Moreover, according to list 1, special experience in hazardous production must be at least 10 years, and according to list 2 - at least 12.5 years.

Labor and collective labor agreements

First of all, working conditions, including in positions, workshops and production facilities with hazardous working conditions, are fixed either in collective or individual labor contracts.

Conditions mean:

1. The result of the workplace assessment by the SOUT commission.
2. Amounts of compensatory surcharge and allowance.
3. Amounts of additional leave.
4. Number of working hours per week.
5. Obligations of the employer to provide employees with personal protective equipment.
6. Conditions for compensation payments in case of exceeding maximum permissible working hours.
7. Types of compensation (milk, etc.).

The legislation of the Russian Federation establishes the following types of compensation measures for harmful working conditions, which must be notified in an individual or collective labor contract:

1. Mandatory bonus for hazardous working conditions in the amount of at least 4 percent of the salary.
2. 36 hour maximum working hours per week.
3. Mandatory additional payment for overtime hours. A maximum increase is possible up to 40 hours per week. Overtime compensation is set by industry agreements in the range of 20-50% for each hour of overtime over the 36-hour maximum.
4. Additional paid leave for employees engaged in hazardous work. The minimum duration of additional leave is set at 7 calendar days.
5. Providing milk, personal protective equipment, additional nutrition, as well as receiving free spa treatment.
6. Possibility of replacing milk and food with their monetary equivalent.

Video - Benefits, guarantees and compensation for harmful working conditions

Milk is harmful

This seemingly hackneyed expression actually has its own legal regulation, norms and vacation rules.

First of all, the issues of issuing milk to workers engaged in hazardous production are regulated by Article 222 Labor Code RF.

As can be seen from the text of the article, the issues of replacing the distribution of milk with a cash equivalent or with food products equivalent to milk are regulated by individual or collective agreements.

Quantitative milk standards are determined by the classes of harmful production, which were discussed above. If the safety standard determines the harmfulness of production in class 3 or 4, then in accordance with the Order of the Ministry of Health of the Russian Federation, the employer will be obliged to provide workers with milk or food products equivalent to it.

In accordance with this order, the milk supply rate is 0.5 liters per shift. Milk should be dispensed in specialized premises (buffets, canteens, etc.).

The same order regulates the issuance of additional products depending on the work performed.

The above order of the Ministry of Health of the Russian Federation is available on the Internet in free access. You can read the text of the document.

Free food

Issues of free therapeutic and preventive nutrition for workers engaged in hazardous work fall under the category of compensation. Organizational and regulatory measures related to free meals are determined by medical and nutritional standards.

First of all, you should know that not all workers involved in hazardous work are entitled to free food. This type compensation is due only to those employed in particularly hazardous work associated with chemical, radiation, ionizing and other influences.

The diet was developed by the Institute of Nutrition of the Academy Medical Sciences and is designed to compensate for the effects on the body harmful compounds, components and rays. The food is divided into special tables, depending on the type of work performed - radioprotective, high-protein, hypoallergenic, sulfur-containing, lead-protective, phosphoroprotective and others.

Additional nutrition is provided during work shifts in the form of breakfast, lunch or two meals a day. Along with strict adherence to the recipe and set of products for each table, a set of necessary vitamin preparations is included with each meal.

Harmful production in questions and answers

What if the employer hides the real harmfulness of the workplace?

For each workplace The enterprise has a certification sheet (card). First of all, you should ask the employer to provide an opportunity to familiarize yourself with it. In case of refusal or absence attestation sheet You should submit applications to choose from:

• to the labor dispute commission;
• to the Labor Inspectorate;
• to Rospotrebnadzor;
• to the Prosecutor's Office.

According to the rules of personnel records, attestation cards must contain the signature of the employee. If he was not familiarized with it and was not offered to sign the card, there is a violation labor legislation.

How to retire after working in a hazardous industry?

The main parameters of retirement are contained in the table below:

How can we get money to be given out instead of milk and other products?

To convert milk, juice or food required by labor law into their monetary equivalent, it is enough to write a statement to management. Everything is decided by the desire of the employee. The question is different: is it worth translating? The salary increase will be small. But milk, having turned into money, is already subject to taxation, which means the increase will be even smaller.

How can I confirm my “harmful” work experience for the Pension Fund if I worked for 10 years in hazardous production, and the company changed its name, changed owner and does not issue an archival certificate?

Such incidents occur quite often. In the absence of a certificate from the enterprise, the Pension Fund will most likely refuse to grant an early pension. Immediately upon receipt of the refusal, you should contact a lawyer and appeal the PF decision to court. As part of the consideration of the case, the court will oblige the company to provide archival data or indicate where and from whom it can be requested. According to the results court decision it will be possible to apply to the Pension Fund again for a well-deserved pension. So everything can be resolved.

Is the time spent on maternity leave taken into account for preferential retirement?

Time spent in maternity leave and on parental leave are included in the total length of service, and points are awarded for it. However, this period cannot be considered the time of work in hazardous production. The right to early retirement will appear if you have a special service of 10 years on the first list, and 12.5 years on the second list.

The authors of many textbooks that have chapters on, define the concept of “dangerous or harmful working conditions” as factors production process , which can cause “occupational diseases” in workers, affect the immune system, and affect the health of children or grandchildren. The list of similar jobs is determined by the Government of the Russian Federation; people who are paid extra for “harmfulness” include workers:

How does the labor code compensate for harmful working conditions?

As it explains, harmful working conditions are compensated by additional payments, milk dispensing, reduced shift duration and much more. A large number of benefits and additional payments that are due to people working in “harmful” production is explained by the fact that many of them “receive” a whole “bouquet” of diseases by the time they retire. As indicated by the labor code , harmful working conditions must be specified in the employment contract, otherwise, it is not easy for an employee, even with, to achieve benefits and payments.

Who determines additional payments for “harmfulness”?

If a worker is employed in “harmful” production, then the amount of additional payment is specified in the employment contract, sometimes tariff increases are indicated in collective or other local acts organizations. Before, find out accurate name your position, and consult with specialists about the presence of harmful factors associated with your future workplace. Besides, wages of people engaged in “harmful” work are not subject to taxes.

Length of working hours in production

Duration of the working week in hazardous production, can be no more than 36 hours, and a work shift can be no more than 8 hours. If the contract establishes a 30-hour work week, then the allotted time for one shift is 6 hours. Although in some cases it is possible to increase one shift, the total number of hours worked must remain the same.

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Features of vacations at work with hazardous factors

For people whose work involves factors that can create a negative impact on their health, The legislation provides for additional vacations for a period of 4 to 36 days. The amount of additional leave for each category of citizens is determined separately. For doctors who treat HIV-infected people, an additional annual leave of 36 days is provided, since every day they face the danger of contracting the virus. Workers of quarries and coal mines are entitled to additional annual leave, lasting from 4 to 24 days, the duration of which directly depends on the “harmful” experience.

Besides, It is prohibited to replace annual leave with monetary compensation. In other words, a person working in a hazardous industry must take a full vacation, without the possibility of monetization.

Other guarantees related to dangerous and harmful production

Employees engaged in hazardous or hazardous work must be provided with special clothing and protective equipment at the expense of the enterprise. Consequently, if an employee was asked to buy a gas mask, “special clothing,” a helmet, and headphones for himself, then he can safely complain about his boss.

In addition, the enterprise must organize and pay for periodic medical examinations for its employees whose work takes place in hazardous and hazardous production conditions. Typically, companies enter into agreements with multidisciplinary private clinics to examine their employees. The frequency of medical examinations is determined federal legislation and collective labor agreements.

Who cannot work in hazardous industries?

The Labor Code defines comprehensive list of people who do not have the right to work in harmful and dangerous production, These include:

• pregnant women,
• women with small children (up to 1.5 years),
• teenagers under 18 years old,
• part-timers.

Therefore, if a 1st year student (if under 18 years old) of a medical academy was sent to a tuberculosis dispensary, then this action can be called gross violation of labor laws.

Managers of many enterprises do not pay employees the monetary compensation required by law and do not provide benefits, but workers should fight for their rights, because “harmful” production “kills” their health.

For persons performing work in harmful, dangerous or difficult conditions, the law provides for certain guarantees and compensation. However, the employer does not always provide them in full, and sometimes even denies the employee any guarantee. The reason for this behavior is often simple ignorance of labor legislation. Today we will tell you what guarantees and compensations are available to persons working in harmful, dangerous and difficult working conditions.

Instead of a preface

Based on Art. 219 of the Labor Code of the Russian Federation, every employee has the right to a workplace that meets labor protection requirements and compensation established by the Labor Code of the Russian Federation, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is engaged in heavy work, work with harmful and (or) dangerous working conditions.

For your information. A harmful production factor is a factor, the impact of which can lead to illness in an employee, and a dangerous factor is a factor, the impact of which on an employee can lead to injury.

The amount of compensation to persons employed in such work and the conditions for their provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Thus, Decree of the Government of the Russian Federation dated November 20, 2008 N 870 provides for the following types of compensation:

— reduced working hours;

— annual additional paid leave;

- increased wages.

Increased or additional compensation for performing heavy work, work with harmful and (or) dangerous conditions may be established by a collective agreement or local regulations, taking into account the financial and economic situation of the employer.

How to determine whether a harmful or dangerous production factor is present in the workplace? The answer to this question is simple - we need certification of workplaces based on working conditions. Let us remind you that the procedure for conducting such certification is established by Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 342n. In accordance with this procedure, all employer’s workplaces are subject to certification and it is carried out jointly by the employer and the certifying organization, attracted by the employer to carry out certification work on the basis of a civil law agreement, at least once every five years. However, if the organization has just been created and workplaces have just been put into operation, certification must begin no later than 60 working days after their commissioning.

During certification, workplaces are checked for compliance with state regulatory requirements for labor protection in terms of hygienic standards, the risk of injury in workplaces, the provision of personal protective equipment for workers and a comprehensive assessment of working conditions at workplaces.

In addition to the results of certification of workplaces based on working conditions, you can use the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a reduced working day, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 /P-22, as well as the Instructions for its use, approved by the Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20.

Medical examinations

Persons engaged in heavy work and work with harmful or dangerous working conditions (including underground) must undergo mandatory preliminary (upon entry to work) and periodic medical examinations (examinations). Moreover, workers under the age of 21 must be examined annually (Article 213 of the Labor Code of the Russian Federation).

Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n approved:

— lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out;

— the procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of employees.

In some cases, workers performing individual species activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, may be subject to a psychiatric examination. It must be carried out at least once every five years. The rules for psychiatric examination were approved by Decree of the Government of the Russian Federation of September 23, 2002 N 695.

Reduced working hours

According to Art. 90 of the Labor Code of the Russian Federation, the time during which the employee, in accordance with the internal rules labor regulations and conditions employment contract must fulfill job responsibilities(as well as other periods of time in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation), is working time, normal duration which cannot exceed 40 hours per week.

However, for persons employed in jobs with harmful and (or) dangerous working conditions, the working hours are reduced and cannot exceed 36 hours per week (Article 92 of the Labor Code of the Russian Federation). The same duration is established by Government Resolution No. 870. It is also logical to reduce the duration of the working day (shift) for them. Yes, Art. 94 of the Labor Code of the Russian Federation establishes that the maximum permissible duration daily work(shift) cannot exceed:

- at 36 hours working week- eight hours;

- with a 30-hour work week or less - six hours.

A collective agreement may provide for an increase in the duration of daily work (shift), subject to compliance with the maximum weekly working hours (Part 1 of Article 92 of the Labor Code of the Russian Federation) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

Let us pay attention to one nuance when establishing a shortened work shift duration. Previously, if an employee performed work specified in the List or worked in positions specified in it, he was given a shortened working day in accordance with the List. Now, certification results have priority for providing such guarantees as reduced working hours. The Supreme Court, in its Ruling dated March 28, 2013 N APL13-102, indicated that the current legislation recognizes as the basis for providing compensation to workers engaged in work with harmful and (or) dangerous working conditions, specific working conditions determined based on the results of certification of workplaces, and not inclusion of a profession or position in any list or list of industries, works, professions and positions in which work gives the right to appropriate compensation. However, since no normative legal act, which makes it possible to differentiate the types and amounts of compensation depending on the degree of harmfulness of working conditions, in cases where, for a given profession or position, the List provides for higher compensation for persons employed in work with hazardous working conditions, the List is subject to application.

Note that only those days on which the employee was actually employed in these conditions for at least half of the working day established for employees of a given production, workshop, profession or position are considered to have been worked in hazardous working conditions. But what if an employee is engaged in different jobs during the day in hazardous conditions, where short working hours of varying lengths are established? If in total he worked in these areas for more than half the maximum duration of the shortened working day, his working day should not exceed six hours (clause 21 of the Instructions).

Annual additional paid leave

Article 116 of the Labor Code of the Russian Federation provides that annual additional paid leave is provided, among other things, to persons employed in work with harmful and (or) dangerous working conditions. And Article 117 of the Labor Code of the Russian Federation specifies the list of hazardous work for which additional leave is required:

— underground mining;

— open-pit mining in open-pit mines and quarries, in areas of radioactive contamination;

— other work related to the adverse effects on human health of harmful physical, chemical, biological and other factors.

Based on Art. 120 of the Labor Code of the Russian Federation, additional leave is granted simultaneously with annual leave, while not working holidays falling during the period of such vacations are not included in the number of calendar days of vacation.

Note! If, based on the results of workplace certification, working conditions are recognized as harmful or dangerous, the employer will have to provide additional paid leave, regardless of whether the name of the position held by the employee is included in the List or not (Definition of the Constitutional Court of the Russian Federation dated 02/07/2013 N 135-O).

The minimum duration of annual additional paid leave for persons employed in jobs with harmful and (or) dangerous working conditions is established by Government Resolution No. 870 - seven calendar days. Of course, in the List you can see a shorter duration of additional leave, but you still need to provide at least seven calendar days. The specific duration of additional leave is determined by the employer by local regulations based on the results of certification of workplaces for working conditions.

To receive additional annual leave, you must work in hazardous conditions for at least 11 months. To count the time worked in production, workshops, professions and positions with hazardous working conditions, only those days are counted on which the employee was actually employed in these conditions for at least half of the working day established for employees of a given production, workshop, profession or position ( clause 12 of the Instructions).

Note. Replacement of additional leave with monetary compensation is not allowed (Article 126 of the Labor Code of the Russian Federation).

Moreover, in addition to work, this period includes time:

— maternity leave, women performing light work in connection with pregnancy, women performing other jobs to which they were transferred due to breastfeeding or the presence of children under one year of age;

— fulfillment of state and public duties.

If an employee worked in harmful or dangerous conditions for less than 11 months in a working year, then additional leave is granted in proportion to the time worked.

If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.

Salary

In addition to reduced working hours and additional leave, remuneration for persons engaged in heavy work, work with harmful or dangerous conditions, is set at an increased rate compared to the tariff rates, salaries (official salaries) provided for various types work with normal working conditions (Article 147 of the Labor Code of the Russian Federation).

Government Decree No. 870 determines the minimum increase in wages for such employees - 4% of the tariff rate (salary) established for various types of work with normal working conditions. Specific amounts of wage increases are introduced by the employer in a collective or labor agreement. When establishing the amount of increased pay, the employer should be guided by the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 17, 1986 N 1115 and the Resolution of the State Committee of Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of October 3, 1986 N 387/22-78 adopted in accordance with it. The Ministry of Health and Social Development draws attention to this in Letter dated 04/09/2009 N 22-2-15/4.

In particular, paragraph 7 of Resolution No. 1115 gives employers the right to introduce additional payments in the amount of up to 12% of the tariff rate (salary) for work with difficult and harmful conditions and up to 24% of the tariff rate (salary) for work with particularly difficult and particularly harmful conditions. At the same time, it is recommended to establish such additional payments based on the results of certification of workplaces and accrue them during the actual employment of the employee in such workplaces.

Milk and therapeutic nutrition

For workers employed in hazardous working conditions, by virtue of Part 1 of Art. 222 of the Labor Code of the Russian Federation, milk or other equivalent food products must be provided free of charge. The standards and conditions for the free distribution of milk are approved by Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 N 45n - 0.5 liters per shift, regardless of its duration. List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent products for preventive purposes food products, is given in Appendix 3 to Order No. 45n.

Upon written statements from employees, the provision of milk or other equivalent food products may be replaced compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for in a collective or labor agreement. The procedure for making such a payment is contained in Appendix 2 to Order No. 45n.

Part 2 of Art. 222 of the Labor Code of the Russian Federation stipulates that in jobs with particularly hazardous working conditions, therapeutic and preventive nutrition is provided free of charge according to established standards. Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 N 46n approved:

— a list of industries, professions and positions in which work gives the right to free medical and preventive nutrition in connection with particularly harmful working conditions (Appendix 1);

— diets for therapeutic and preventive nutrition (Appendix 2);

— standards for free distribution of vitamin preparations (Appendix 3);

— rules for the free distribution of therapeutic and preventive nutrition (Appendix 4).

The employer can on our own prepare food in accordance with established rations (approved by Order N 46n) directly in the company or enter into an agreement for the supply of hot breakfasts with the organization Catering. But at the same time it is also necessary to follow the established diets.

Individual protection means

Article 221 of the Labor Code of the Russian Federation establishes the following guarantee: in work with harmful and (or) dangerous conditions, as well as in work performed in special temperature conditions or associated with pollution, workers are provided with free certified special clothing, special shoes and other personal protective equipment, and also flushing and (or) neutralizing agents. They are issued to employees according to standard standards that have been developed and approved for most sectors of the economy.

Intersectoral rules for providing workers with special clothing, special footwear and other personal protective equipment were approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 1, 2009 N 290n. In accordance with them, the employer, at his own expense, is obliged, according to established standards, to ensure the timely issuance of special clothing, special shoes and other personal protective equipment, as well as their storage, washing, drying, repair and replacement.

For your information. Standard norms for the free distribution of flushing and (or) neutralizing agents to employees, for example, when working with difficult-to-remove and persistent contaminants (adhesives, bitumen, varnishes, etc.), are approved by Order of the Ministry of Health and Social Development of the Russian Federation dated December 17, 2010 N 1122n.

Taking into account the opinion of the elected body of the primary trade union organization and its financial and economic situation, the employer can establish other standards for issuing protective equipment that improve compared to standard standards protection of workers from harmful and (or) dangerous factors present in the workplace, as well as special temperature conditions or pollution.

Pension provision

Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in Russian Federation“It is stipulated that men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age pension if they have at least five years of insurance experience (Article 7). However, Article 27 of the said law for those employed in underground mines work, in work with hazardous working conditions, in hot shops, in textile industry in jobs with increased intensity and severity and other jobs, the right to early retirement has been established, for example, for men upon reaching the age of 50 years and women upon reaching the age of 45, depending on the length of service in such conditions.

In case of early assignment of a labor pension, the following applies:

— Lists No. 1 and 2 of industries, works, professions, positions and indicators that give the right to preferential pension provision - for those employed in underground work, in work with hazardous working conditions and in hot shops;

— List of industries and professions in the textile industry for women employed in the textile industry in work with increased intensity and severity;

— List of jobs and professions that give the right to a pension regardless of age when employed in underground mining in existing and under construction mines (mines) for the extraction of coal (shale), ore and other minerals containing (including in the host rocks) silicon dioxide 10% or more, or in the presence of gas-dynamic phenomena, rock bursts for at least 25 years.

Labor of women and minors

Article 253 of the Labor Code of the Russian Federation establishes restrictions on the use of women’s labor in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work, with the exception of non-physical work and work on sanitary and household services.

For your information. It is prohibited to employ women in jobs involving lifting and manually moving heavy loads that exceed the maximum permissible standards for them.

The list of industries, jobs and positions with harmful and (or) dangerous working conditions, in which the use of women’s labor is limited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 162. Note: the note to this list states that the employer can decide to use labor of women in the jobs included in the list, subject to the creation safe conditions labor confirmed by workplace certification results. It also lists positions related to underground work, in which the use of female labor is permitted as an exception (director, Chief Engineer, engineer, technician, laboratory assistant, chief geologist, etc.).

In contrast to female labor (for women, harmful and difficult work is only limited), the use of minors in such conditions is completely prohibited (Article 265 of the Labor Code of the Russian Federation). The list of heavy work and work with harmful or dangerous working conditions, during which the employment of persons under 18 years of age is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

Working conditions are based on certain characteristics of the working environment that affect human health and ability to work.

There are four classes of working conditions depending on the degree of harmfulness:

• optimal,
• acceptable
• harmful
• and dangerous.

Harmful and dangerous classes especially influence a person, so let’s look at them in more detail.

Harmful conditions labor conditions are established by standards and arise due to the excess of hazardous factors. As a result, the employee may develop certain occupational diseases.

The classification of hazardous working conditions is as follows:

1. First degree: after such types of work, the body takes a long time to recover (a day or several), in addition, there is a risk of getting an occupational disease;
2. Second degree: types of work that lead to the first signs of mild illness;
3. Third degree: types of work that lead to persistent (chronic) occupational disease light to moderate severity;
4. Fourth degree: work that leads to the appearance of a chronic serious illness or even loss of ability to work.

Hazardous working conditions are called when an acute chronic disease or threat of death occurs.

The degree of harm is influenced by many factors that greatly harm the health of the employee:

• the presence of one-time or long-term exposure to ionizing radiation in doses exceeding the maximum permissible norm;
• noise exceeding safe levels;
• insufficient lighting in the room, leading to blurred vision;
• increased concentration of dust in production premises or in an area that impairs the functioning of the respiratory system;
• suspended or high temperature and humidity that interfere with the employee’s normal activities or cause fainting;
• tense work activity leading to mental disorders;

Working with chemical reagents and dangerous viruses and microorganisms, due to the high probability of infection, should also be included in this list.

On the territory of Russia, it turns out, there are many professions associated with difficult working conditions.

This list shows professions in 2019 whose working conditions can be classified as harmful and hazardous factors:

• people working in metallurgical production, as well as workers involved in the extraction of ferrous and non-ferrous metals;
• miners, especially coal miners;
• people working in chemical plants;
• persons involved in the processing of oil, gas, coal, shale;
• inventors of electronics, radio equipment, as well as those who repair electrical devices;
• producers of coke substances and their varieties;
• employees working in the nuclear industry;
• persons who are exposed to ionizing radiation above established standards and who are in contact with radioactive substances;
• people working with mercury;
• metal workers;
• persons involved in metal recycling using highly active solutions;
• workers making silica refractory products;
• manufacturers of building materials;
• producer gas producers;
• manufacturers of pulp and paper products;
• creators of glass and porcelain products;
• people involved in printing production;
• citizens creating medications, as well as those who work with dangerous microorganisms;
• manufacturers of artificial and synthetic fiber products;
• persons working with explosives, gunpowder, ammunition;
• workers serving agricultural organizations;
• vulcanizers;
• locksmiths;
• divers;
• machinists;
• welders and gas cutters working in a small confined space.

We are all accustomed to considering the work of welding machinists as normal. There are family dynasties engaged in precisely this work. But due to working with harmful substances in a confined space, sometimes without special protective clothing, these professions are also at risk.

Determining the hazards of work by certifying workplaces

Certification of workplaces to determine the hazardous nature of work is required by law. Also, holding such an event on the part of the employer indicates a caring attitude towards employees.

Harmfulness is determined as follows:

1. On preparatory stage a commission is created consisting of a labor protection engineer and trade union members, which sets a work schedule.
2. At the second stage, a check of current working conditions is carried out, during which the results of previous certification, as well as accidents that have occurred at work over the entire period, are considered.
3. Once harmful or dangerous factors are detected, they are examined in detail by experts in laboratories and, if necessary, measurements are taken.

At the end of the research, the degree of working conditions is determined.

Employment for a “harmful” position occurs in several stages.

First, you need to have a printed order from the employer about hiring in hazardous conditions.

Before you start independent work, you must undergo a preliminary (entrance) medical examination. This medical examination differs from the usual one in that the conclusion must state that the citizen can, for health reasons, work in harmful conditions.

The next step is to create the employee’s personal file. To do this, it is necessary to take copies of documents to the HR department: passport, work book, diploma or other educational document, positive conclusion from a therapist, insurance certificate of pension insurance, as well as the originals of the employment contract and medical report.

A mandatory step will be to undergo appropriate instructions. The final step will be to study the theory, pass exams and undergo an on-the-job internship.

The contract must necessarily indicate points if the work is performed in harmful and (or) dangerous working conditions (Article 57 of the Labor Code of the Russian Federation):

• the profession, specialty, position with assigned qualification is prescribed;
• the duration of labor is indicated;
• additional payment is prescribed for work in difficult conditions.

Compensation occurs through:

• shortening the working week;
• additional payments to the basic salary;
• additional leave;
• free distribution of dairy products or equivalent products;
• vouchers to dispensaries, sanatoriums and other medical and preventive places;
• preferential (early) pension.

Each organization can compensate hard work at its own discretion. These or other bonuses are prescribed in the collective agreement.

Time spent working in difficult working conditions

A standard work week lasts 40 hours, but people working in unfavorable health or living conditions are required to work 36 hours a week (shortened week); in some cases, the employer may allow an even shorter duration.

With a 36-hour work week, the shift should last 8 hours, and with a 30-hour or less - 6 hours (Article 94 of the Labor Code of the Russian Federation).

All workers need a break from work at one time or another. And an employee working in difficult conditions has the right to take a break for lunch and rest for an hour, in rare cases for two. Each organization sets its own standards.

To perform personal needs (go to the toilet, smoke break, make a phone call), short 5-minute breaks are provided.

Also, during the day you can take a 30-minute break, but it will not be included in the total work time and be paid additionally.

In particularly harmful and (or) dangerous working conditions, the employee is provided with additional rest breaks, but they are established within the framework of the internal labor regulations.

Additional payment for work in difficult, harmful and (or) dangerous conditions

If work activity is associated with difficult, harmful, dangerous working conditions, then the law requires cash bonus(compensation).

Payment is made in the standard amount + additional payment for work in difficult conditions. Compensation is carried out in the amount of 4% (possibly higher) of wages in optimal and acceptable conditions. The exact percentage is determined by the organization itself - the employer agrees with the representative body of employees.

Employees working in hazardous industries must undergo preliminary and periodic medical examinations. According to Article 212 of the Labor Code of the Russian Federation, the employer must send for medical examinations and pay the costs.

Such medical examinations are necessary to determine the employee’s health status: whether he will be able to begin or continue to perform the required duties, whether his health condition has worsened or remained at the same level.

Before the medical examination begins, the employee is given a sheet in which the doctors necessary for the round are prescribed. If at least one doctor does not mark “fit” for medical reasons, you can’t count on working in such conditions.

Harmful production factors greatly affect human health. As a result of long-term work, problems may arise with internal organs, with vision, hearing, skin, or generally affect genetics (radiation, for example). In order to maintain a healthy, vigorous, active state of the employee, the company organizes therapeutic and (or) preventive nutrition for him.

Free milk or other dairy products, or equivalent food products, serve as a therapeutic and preventive measure:

1. Healthy nutrition is not provided to everyone, but strictly for those jobs whose working conditions can be called harmful and (or) dangerous. Milk is given in the amount of half a liter.
2. If an employee works part-time (not full time per shift) in harmful or dangerous conditions, then meals are provided for working half a shift.
3. In case of periodic employment (not every shift), milk is provided exclusively on those days on which work was carried out in a hazardous environment.
4. Providing milk or other equivalent medical treatment food products for future use is unacceptable, and also cannot be issued if the employee was absent or on sick leave.

Foods rich in pectin can serve as equivalent nutrition: jelly, marmalade, juices, jams, canned fruit. As well as fermented milk products: kefir, bifidok, natural yoghurts.

You can give up food and get monetary compensation, which will consist of the cost of this product, for this you need to write an application.

Personal or personal protective equipment is used to reduce or prevent the entry of harmful, toxic or dangerous substances into the human body.

The following means of protection are distinguished:

• overalls (suit, overalls, robe, underwear, cap) and safety footwear (shoes, boots);
• technical means that can protect against: mechanical impact(helmet, gloves), bright lighting or sparks (mask, glasses), noise (ear plugs, headphones), toxic vapor or harmful emissions (gas mask, respirator), electric shock (dielectric mats and mittens, stands);

Creams, ointments, and detergents against aggressive effects on the skin should be mandatory companions for workers both at home and at work.

The employer is obliged:

• independently purchase protective equipment for your own personnel;
• monitor the availability and promptly replenish missing materials;
• monitor their expiration date;
• ensure easy access to them in critical cases.

Of course, no one relieves the employer of responsibility. But even in hazardous industries, no one will stand by and check how correctly the employee fulfills the requirements of the instructions, since he is primarily interested in compliance with it.

In addition to monetary compensation and free provision of certain food products, employees for harmful activities under Article 117 of the Labor Code of the Russian Federation are also entitled to additional paid leave.

Additional days are calculated according to the time worked in a hazardous environment. That is, the number of hours you work in these conditions is the amount of rest you will get as a bonus. The minimum number of additional calendar days is 7.

If an employee has worked for more than 7 calendar days, he can compensate them with monetary compensation. For example, you have an additional 14 days, but you can take an additional week of vacation and ask for monetary compensation for the other 7 days. For many, this alternative seems very successful.

Labor of women and minors in hazardous conditions

Women, due to their poor health and reproductive capacity, are not allowed to work in unfavorable conditions, which can lead to many unpleasant or even terrible consequences.

Therefore, work related to lifting and manually moving objects whose weight exceeds the permissible norm is prohibited.

Women are allowed some loads, but they should not be exceeded:

1. Lift and move objects weighing up to 10 kg, alternating with other work (up to 2 times per hour).
2. Move and move objects weighing up to 10 kg on carts.
3. Lift and move objects up to 7 kg throughout the entire shift.

Pregnant women are prohibited from performing heavy work. If a pregnant woman worked in these types of work, she is transferred to another, quieter place.

Persons under 18 years of age must work in harmful and (or) dangerous work or at work involving moving, manual lifting is prohibited.

Young people are allowed to lift and carry objects of weight during one work shift:

• at the age of 14-15 years from 2 to 3 kg;
• at the age of 16-17 years from 3 to 4 kg.

Measures taken when it is impossible to perform further work in hazardous conditions

An employee whose work in harmful conditions is no longer possible (due to medical contraindications), the employer may be:

• transferred to another type of work (safer);
• transferred to another position. Wages should remain the same or be reduced, but with the consent of the employee;
• fired.

It happens that an employee refuses to work in dangerous conditions for fear of getting sick or dying. In such a case, the employer may consider such a complaint and take action. But you should be prepared for the fact that the employer will not want to transfer you to another place, because... It’s not profitable for him - the equipment is idle, for example.

Long-term work in one company, associated with difficult working conditions, can entail many positive aspects. For example, a preferential pension or an early pension, which is due to an employee if a certain period of work has been completed. He is the one key point for the provision of this pension.

To receive a preferential pension, men need to work hard:

1. Work in a harmful environment for more than 10 years.
2. Have a work experience of at least 20 years.
3. Be over 50 years of age.

For women, the conditions for early retirement are different:

1. Have worked for more than 7.5 years.
2. Have a work experience of at least 15 years.
3. Be over 45 years of age.

After all of the above conditions are met, you need to submit documents such as a passport, a document that confirms the possibility of early retirement, and other documents.

Certificate confirming harmfulness

Such a certificate indicates that you have sufficient work experience in hazardous industries, so its presence will ensure early retirement.

It must indicate: position, time spent working in hazardous conditions, documents that confirm this certificate. It must be filled out carefully, without errors or blots. With any shortcomings Pension Fund Russia may not accept it.

There is no strictly defined template for filling out, so it is better to focus on the following:

1. In the template we indicate the name of the organization, its legal address, date of completion.
2. Below we write your last name, first name, patronymic, year of birth, SNILS number.
3. For clarification, you can indicate the articles of the Russian Federation to which we refer.
4. We write out the employment form, which confirms that it was full-time.
5. We write down the profession, position. You can additionally provide a link to the list that contains this “harmful” profession.
6. In the next line we write down all the time spent working in hazardous conditions to prove that the required experience is available.
7. At the end, we list all the documents from which we took the necessary data: passport, work book, private bussiness.

Do not forget about the signature of the management and the seal of the enterprise.

Having worked for many years at one company in a position associated with harmfulness, an employee deserves early retirement. Timely retirement is determined by the employee’s own choice and the integrity of the employer.

The length of service for granting a preferential pension is calculated based on the time spent in these types of work.

The calculation does not include time spent on:

• decree;
• long business trips;
• leave due to study;
• administrative leave.

The time spent on sick leave is taken into account when calculating length of service.

In some exceptional cases, for example, when working with dangerous microorganisms, the length of service is doubled.

Employers' liability

The state has provided control over violation of the rights of employees working in harmful and (or) dangerous working conditions. It establishes supervision that monitors the correct fulfillment of the rights of the employer and the duties of the employee.

Regulatory acts It is prohibited not to provide paid leave every year to people employed in hazardous work (Labor Code of the Russian Federation No. 197-FZ). For violation, the employer bears administrative liability.

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