If there is an employee on staff with whom the labor Relations, it is mandatory to carry out (SOUT - Special Assessment, - ed.), even if the enterprise is a small business. To none of them legal forms property, which contains the requirements for the SOUT procedure, does not contain restrictions. The only place where is in the workplaces of homeworkers, remote workers and persons who have entered into employment relationships with individuals who are not individual entrepreneurs (Individual entrepreneur - ed.).

Special assessment has become the main priority area in labor legislation. The procedure involves identifying harmful and hazardous factors in the workplace through in-depth analysis of local regulatory documentation and instrumental measurements. This allows you to either confirm the compliance of working conditions or assign compensation and benefits to employees when harmful and dangerous factors are identified, as well as develop measures to rationalize (improve) conditions.

Attempts to exclude or give privileges to small, medium and large businesses under the previously existing procedure - (ARM, - ed.) were made quite often. Over the long history of the procedure, it was only possible to influence the abolition of assessment of the prevailing part of jobs office employees. Official amendments to the procedure for conducting automated work were made on December 12, 2012. But the new requirements had such a double meaning that they gave rise to even greater misunderstanding. A month later, the department sent clarifications to the Order, which stated that:

• a) primary automated work, despite the requirements, must be carried out at all places without exception;
• b) certification for office jobs of employees working at a PC for 50 percent or more of their working time continues to be mandatory.

Statistics showed that most of the jobs met the requirements of points a and b, since out of 48.7 million jobs in the Russian economy, only 6 million jobs were certified.

In this case, small businesses also have requests to the executive authorities to cancel the procedure for them or apply relaxations in order to eliminate the financial burden, since the SOUT is a service of an independent appraiser. In particular, with numerous appeals from representatives to the Tyumen Regional Duma, the deputies decided to develop a bill “On amendments to Article 27 of the Federal Law “On special assessment of working conditions”, which proposes to impose a temporary moratorium on jobs related to small businesses . According to OK. Nevidailo, Commissioner for the Protection of the Rights of Entrepreneurs in the Tyumen Region:

Quote:‘The bill provides that the requirements of Federal Law No. 426-FZ will not apply to employers who are small and medium-sized businesses. In this way, it is possible to contain the deterioration of management conditions entrepreneurial activity, Related . Also, this will give Extra time to further improve this procedure in order to minimize negative economic consequences’

It is also assumed that a short delay will create a competitive market in the regions of the country, which will help curb unreasonable price increases and reduce the costs for employers to attract organizations from other regions.

Unfortunately, the problem of the lack of accredited laboratories or their limited number in many regions of the country is visible and visible. And this further affects the increase in the cost of services. For example, in Tyumen, employers often have to resort to the efforts of Moscow or organizations in Yekaterinburg, which include in the cost of the service travel expenses, hence the cost per unit of workplace can reach from 3,000 to 5,000 rubles. While if you order in local organization carrying out SOUT and assessing the workplace cost approximately from 1,500 to 2,300 rubles. There have been cases where in the Altai Territory, Khanty-Mansiysk Autonomous Okrug, customers were offered a price from 7,000 to 10,000 per workplace due to the workload of laboratories. Under such conditions, it is difficult to choose a service provider.

For your information, for one workplace at a “micro-business” enterprise is 1.5-2 times higher than the cost of a workplace unit in a large organization due to cost-effectiveness.

We also decided to check with the head of the central laboratory for the examination of working conditions of the Federal State Budgetary Institution "VNII of Labor Protection and Economics" of the Ministry of Labor of Russia "A.A. Lyubimova:

Quote:‘It is unlikely that such changes can be made, since any relief for small businesses could create some kind of conflict of interest with representatives big business. Because small businesses often also carry out complex types of work that can lead to injuries, serious occupational diseases and deaths among workers. And excluding them from the list would mean that workers in this category will simply remain unprotected. Violation of workers' rights must not be allowed. This approach is main task special assessments, and not suppression of the interests of small businesses’

The procedure for special assessment of working conditions (SOUT) according to the current rules has been carried out since 2014. No rule changes in this year, compared to previous periods, no, but before 01/01/19 all companies are required to conduct a workplace assessment according to the new rules.

The legislator did not provide for the specifics of this procedure for representatives of small businesses. SOUT is carried out by special accredited organizations for a fee. There are situations in which a company does not need to carry out SOUT and pay for it. A small enterprise has more opportunities to do this than representatives of medium and large businesses.

What is SOUT

A special assessment of working conditions is a survey of workplaces in order to identify harmful factors affecting the human body, and assigning a risk class to each workplace. Optimal (class 1.0) and acceptable (2.0) working conditions do not require any special actions on the part of the employer. However, if the assessment system has revealed the presence of harmful, dangerous conditions (grades 3.0 and 4.0), employees occupying such jobs have the right to increased wages (4% or more of the salary, i.e. rate) and a shortened work week (maximum duration - 36 hours).

Legislative framework regulating SOUT and its results:

• Federal Law No. 426 dated 12/28/13 “on SOUT”;
• Order of the Ministry of Labor No. 33 dated 01/24/14 (contains the methodology for carrying out special assessment and assessment);
• Order of the Ministry of Labor No. 80 dated 02/07/14 (contains the procedure for filing a declaration under the SOUT);
• Labor Code of the Russian Federation, in particular Art. 147, 92 (protects the rights of employees if workplaces are assigned grades 3 and 4 based on the results of the Special Assessment of Labor Standards);
• Code of Administrative Offenses, in particular Art. 5.27.1 (regulates fines under SOUT).

SOUT at small enterprises and microenterprises is carried out in accordance with the specified documents.

Until recently, the current certification results according to the old rules were equated to the results of the special assessment system. However, as of January 1, 2019, the transition period (Article 27 of Federal Law No. 426) ends, which means that a special assessment of jobs must be carried out before the end of 2018 was obliged, By general rule, every employer providing employees with jobs. There are exceptions, we will talk about them further.

How to carry out SOUT

A special assessment of working conditions is carried out by a third-party organization, which:

• does not depend on the employer (for example, it is not a branch or representative office);
• has SOUT as its main activity;
• passed accreditation in accordance with the order of the Ministry of Social Development No. 205n dated 01-04-10;
• has a staff of specialists (5 or more) authorized to conduct such an assessment, at least one of them has the appropriate specialized education in the specialty (occupational, general hygiene, laboratory tests of a sanitary and hygienic nature);
• has a laboratory equipped for conducting SOUT.

The company does not have the right to conduct such research independently. At the same time, the employer is obliged to form an internal commission that will work together with representatives third party organization. According to Art. 9 Federal Law No. 426 the number of commission members must be odd.

For small businesses the following is established:

• the commission must consist of a manager (personally) or an individual entrepreneur;
• there should be an OT specialist on the commission.

In the latter case, this may be either an employee of the company who has undergone appropriate training, or a representative of a third-party organization providing OT services under a contract. If there is a trade union, its representative must be included in the commission (clause 9, paragraph 3, article 9 of Federal Law No. 426).

Important! When compiling a list of SOUT objects, places with the same characteristics are identified: by profession (position), by location in similar production areas (premises), etc. If there are such places, then they are not fully assessed, but only in the amount of 1/5 of the total numbers. The number of jobs cannot be less than 2. It is believed that in this way all similar workplaces have been tested (Article 16, paragraph 1 of Federal Law No. 426).

Based on the results of the special assessment, a third-party specialized organization draws up a document - a report, which is signed by the commission. Objections of the commission or one of its members, if they arise, are attached to the report.

The report is needed for:

• write-off of costs for carrying out SOUT;
• planning and writing off labor costs;
• formation of the tariff according to DSV.

New jobs, in accordance with the law, must be certified within six months. The same procedure applies if the technology used in any workplace has been significantly changed.

Important! SOUT is carried out in the context of workplaces, not employees. If in a small enterprise one employee combines several positions, in accordance with the staffing table it is determined how many positions he actually occupies. Conduct SOUT for each workplace.

Based on the results of a special assessment of working conditions, the company submits a declaration to the territorial labor inspectorate. This must be done no later than 30 days after the document has been approved.
The declaration is valid for 5 years, this period can be extended in the absence of occupational diseases and injuries in the work team.

The document is filled out in accordance with the order of the Ministry of Labor No. 80n.

How much does it cost

The amount of remuneration for the work of specialized organizations providing services in the field of SOUT is not regulated by law.

The price is influenced by the following main factors:

• average market price services;
• firm size, number of jobs;
• the presence or absence of negative factors and the degree of their influence;
• volume, completeness technical documentation describing negative factors.

Today, the market price for one workplace ranges from 800-900 rubles and above.

Saving can be costly

The Labor Code of the Russian Federation (Article 212) directly obliges the employer to conduct a special assessment of the working conditions of employees.

The legislator and regulatory authorities consider refusal to carry out special operational assessments as a violation of personnel rights. The fines for this violation are quite high. If we take into account the size and number of jobs in small enterprises, it becomes clear that it is not profitable for a manager to break the law.

Amount of penalties (according to the text of Article 5.27.1 of the Code of Administrative Offences):

• for the management of the company - from 5 to 10 thousand rubles;
• per company - from 60 to 80 thousand rubles;
• per entrepreneur - from 5 to 10 thousand rubles.

It is worth noting that in case of repeated violation, the fine for the organization can reach 200 thousand rubles, and for the manager (and individual entrepreneur) - up to 40 thousand rubles. A fine may be issued to the manager and the legal entity he manages at the same time. The fine can be replaced by suspension of the company's work for up to 90 days.

When there is no need to carry out SOUT

SOUT is not carried out if the employee works from home, works remotely, works at individual(not individual entrepreneur). There is no need to carry out special assessments for vacant jobs - there are no workers, their working conditions cannot be assessed.

It follows from the above that if all employees of a small business perform their duties remotely, and the manager works with documentation and solves the problems of the company’s functioning from home, an assessment of working conditions is not required. Organizational structure, the size of small enterprises and micro-firms makes it possible to have such a “remote” staff without any damage to business.

Results

1. The vast majority of business entities need to complete a special assessment of working conditions (SAL) by the end of this year.
2. There are no exceptions for small businesses.
3. To carry out SOUT, an agreement is concluded with a specialized third-party organization.
4. Prices for special assessment services are not as high as fines for violating the law.
5. Small businesses are in an advantageous position because they have a small number of jobs.
6. If there are homeworkers or remote workers on the MP staff, they may not conduct SOUT.

A mandatory due rule for all enterprises is to conduct an assessment of current working conditions. Small enterprises in this sense do not have any concessions, because Special assessment in Russia is provided for by relevant law, which means there can be no exceptions. Next, we will tell you exactly what rules such events are held and within what time frame.

How is a special assessment of working conditions for small enterprises carried out?

It is important to know that special assessment should not be carried out on our own. Those. the employer cannot hold such an event without the involvement of special authorized organizations. Otherwise, workplace certification will not be recognized as legitimate. The structure involved in the special assessment must meet the following requirements:

• complete independence in relation to the employing institution;
• analysis of enterprises should be listed according to the statutory documents as a fixed type of activity;
• accredited in accordance with the relevant Federal Law;
• the staff must consist of at least five units - licensed experts;
• availability of its own stationary laboratory.

The deadlines, as well as the procedure for contacting the assessment structure, are not provided for by law. The employer draws up an appeal, then approves it, and only then sends it to the appraisal organization. In particular, the timing depends on the number of jobs in the current enterprise.

Employees may not be notified about the special assessment, because new order indicates only the publicity of the result. The time for assessing working conditions is agreed individually with the counterparty. After all the conditions have been agreed upon, the experts arrive on site at the appointed time, and with the help of technical means and methodological recommendations assess working conditions at various small enterprises.

Special assessment of working conditions for small enterprises in 2018, fines for failure to carry out

SOUT is considered a mandatory measure, because This is also indicated by the relevant decree of the Ministry of Health and Social Development for 2010. Its cost depends on the nature of the organization’s activities, and legislation in this regard indicates only advisory dispositions.

As for fines, they are fixed. For non-compliance with the described requirements, the following sanctions will apply from January 2017:

• for an official - a fine in the amount of 5-10 thousand rubles (change in accordance with the Code of Administrative Offenses);
• For legal entities— 60-80 thousand rubles.

For small enterprises, another additional sanction is also provided - the complete suspension of the specified activities for up to three months. If a special labor assessment is not carried out again, then activities may be suspended for up to six months.

Therefore, to the question of whether a special assessment of working conditions is mandatory for specialized small enterprises in 2018, we answer - yes, it is mandatory. And there can be no exceptions here. The law will not be repealed, so a special assessment of the conditions for current small organizations must be carried out at least once every five years. The deadline must be recorded in a special final declaration.

Declaration on special assessment of working conditions for small enterprises

After conducting a special assessment, including newly created conditions, the employer is obliged to submit a declaration to the local labor protection agency on time. Today the legislation does not have clear requirements for structuring such a declaration. Those. it can be compiled in free form. The only thing is that it is mandatory to comply with the deadline, which is no more than a month from the date of the special assessment of current working conditions for small institutions. If this rule is violated, then the results of the analysis will not be considered legitimate - i.e. the event will have to be re-run.

E.A. Shapoval, lawyer, PhD. n.

Special assessment: simply about the complex

We understand the nuances of conducting a special assessment, providing guarantees to employees and paying contributions based on its results

Starting this year, all organizations are required to conduct special assessments Part 1 Art. 28 of the Law of December 28, 2013 No. 426-FZ (hereinafter referred to as Law No. 426-FZ). And its failure to next year is fraught with fines. We will tell you about some of the nuances.

Who does the special assessment apply to?

Small businesses should also conduct special assessments

Even if you only have 2 people - a director and an accountant - you need to conduct a special assessment. There are no exceptions for small businesses, and it doesn’t matter how many employees you have. Part 3 Art. 3 of Law No. 426-FZ. Moreover, your director must personally participate in the special assessment commission Part 3 Art. 9 of Law No. 426-FZ.

Lack of activity does not exempt from special assessment

If the company has only one director and the company does not conduct any activities, a special assessment must be carried out if the director has a workplace outside his home. If he performs the duties of a director at home, then it is not necessary to carry out a special assessment on Fr.

Remote jobs and homeworkers do not require special assessments

If all employees of the company are remote and home workers, as indicated in their employment contracts, then a special assessment should not be carried out on Part 1, Art. 3 3 of Law No. 426-FZ.

Safe working conditions do not exempt from special assessment

WE WARN THE MANAGER

Even the new workplace is similar already existing, you still need to carry out a special assessment.

If, based on the results of the certification, the working conditions in the organization were considered safe, then there was no need to re-certify. However, on this basis, it is now impossible to simply submit a declaration of compliance of working conditions with regulatory requirements without conducting special assessments and Part 1, Art. 3 3 of Law No. 426-FZ. If the special assessment carried out confirms the safety of working conditions in the workplace and for 5 years after that you have no accidents (occupational diseases), then you do not have to carry out a second special assessment. It will be enough to submit a declaration of compliance of working conditions with regulatory requirements. This declaration will be valid for another 5 years Part 5, 7 Art. 11 of Law No. 426-FZ.

In offices it is necessary to conduct a special assessment

If the company only has office workplaces, a special assessment will have to be carried out. Part 1, Art. 3 3 of Law No. 426-FZ. But, most likely, it will end for you at the identification stage: if the expert of the assessing organization does not identify harmful and (or) dangerous factors in the workplace in your office, then the working conditions in the workplace are considered acceptable by the commission. Then the second stage of the special assessment - research (testing) and measurement of harmful and (or) dangerous factors - is not carried out Part 2, Part 4 Art. 10 of Law No. 426-FZ.

Identification potentially harmful and dangerous production factors- this is the first stage of a special assessment of working conditions in the workplace; it is not carried out in relation to “harmful” jobs part 6 art. 10 of Law No. 426-FZ, namely:

• employees' jobs, professions, positions, specialties included in the List and subp. 1- 18 p. 1 tbsp. 27 of the Law of December 17, 2001 No. 173-FZ; Lists No. 1 and No. 2, approved. Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 for early assignment of old-age labor pension;
• jobs in connection with employment in which guarantees and compensation are provided for work under harmful and (or) dangerous working conditions (increase in wages by at least 4% of tariff rate(salary) established for the same work with normal working conditions, abbreviated work time- no more than 36 hours per week, additional leave lasting at least 7 calendar days) Articles 92, , , 219 of the Labor Code of the Russian Federation;
• workplaces where, based on the results of a previously conducted certification or special assessment, harmful and (or) dangerous working conditions were established.

And if the special assessment ends for you at the identification stage, then it will be enough to issue a approved forms e Appendix No. 1 to Order of the Ministry of Labor dated 02/07/2014 No. 80n Declaration of compliance of workplaces with established standards Part 1 Art. 11 of Law No. 426-FZ. No later than 30 working days from the date of approval of the special assessment report, this declaration must be submitted to the regional labor inspectorate at the location of the company and pp. 3-5 of Appendix No. 2 to Order of the Ministry of Labor dated 02/07/2014 No. 80n:

• <или>by post with a description of the contents and notification of delivery;
• <или>in the shape of electronic document, signed by a qualified electronic signature employer;
• <или>by filling out a declaration form on the official website of Rostrud (the service is currently undergoing the final stage of testing).

They evaluate not staffing units, but jobs

All equipped workplaces that are available are subject to special assessment, and not according to the staffing table. After all, the staffing table indicates positions, not jobs. In addition, in a multi-shift mode, several people can work in shifts at one workplace, whose positions are indicated in the staffing table. Or, no one may work at the existing equipped workplace, since this position in the staffing table is vacant at the time of the special assessment.

If there are no “pests”, you can take your time with the special assessment

If an organization that has never assessed workplaces before does not have “harmful” workplaces, then there is no need to rush into carrying out a special assessment. You must complete the special assessment by the end of 2018. part 6 art. 27 of Law No. 426-FZ

Deadlines for the special assessment

For new companies the deadlines are the same as for existing ones

A special assessment of the jobs of newly created organizations must be carried out within six months clause 1 part 1, part 2 art. 17 of Law No. 426-FZ.

FROM AUTHENTIC SOURCES

Deputy Head Federal service on labor and employment

“Newly created organizations are required to conduct an unscheduled assessment of workplaces, since all their workplaces are newly organized clause 1 part 1 art. 17 of Law No. 426-FZ. The employer is obliged to reflect all newly created jobs in the structure of the organization, in particular in technical documentation, or in local regulations. If the workplace is put into operation by drawing up an acceptance certificate, then from the date of signing the act. In other cases, the day of putting a workplace into operation should be considered the inclusion of the position in which the employee works at the newly created workplace in the organization’s staffing table.”

At the same time, if you plan to open a company in the near future and there will be no “harmful” jobs there, then you can carry out the special assessment in stages over 5 years, that is, until the end of 2018. part 6 art. 27 of Law No. 426-FZ

When to conduct a special assessment if the certification expires in 2014?

If the certification period, based on the results of which the working conditions were recognized as acceptable, expires in 2014 and there are no “harmful persons” on the Lists in the organization, a special assessment can be carried out in stages until the end of 2018. part 6 art. 27 of Law No. 426-FZ After all, you don’t have “harmful” jobs.

Special assessment can be carried out before the certification period expires

If, based on the results of the certification, harmful (class 3, degree of harm 3.1-3.4) and (or) dangerous (class 4) working conditions were established, and the organization took measures to improve working conditions, then it is not necessary to wait until the certification expires. You can conduct a special assessment earlier. After all, if, based on the results of a special assessment, working conditions are recognized as acceptable (class 2), then from the date of approval of the special assessment report you will no longer be obliged to provide employees with guarantees and compensation for working in harmful and dangerous working conditions, as well as pay contributions to the Pension Fund of the Russian Federation at an additional tariff Part 3, 4 Art. 15 of the Law of December 28, 2013 No. 421-FZ (hereinafter referred to as Law No. 421-FZ); Part 2 Art. 58.3 of the Law of July 24, 2009 No. 212-FZ.

How to conduct a special assessment

Certifying organizations can still conduct special assessments

For a special assessment, you can contact the same organization that conducted your workplace certification.

This company has the right to conduct a special assessment before the expiration of its certificate testing laboratories. If the certificate expires this year, then she can conduct a special assessment before it expires Part 1, Art. 2 27 of Law No. 426-FZ.

The jobs of “travelers” are assessed according to the general procedure

How to conduct a special assessment of the workplaces of employees with a traveling nature of work, performing repair and installation work at the location of the customer organizations, we were told in Rostrud.

FROM AUTHENTIC SOURCES

“ A special assessment of the working conditions of workers with a traveling nature of work (this must be reflected in the employment contract) is carried out in general procedure in accordance with the Methodology approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. Some of these jobs may be subject to special assessment, with other jobs classified as similar.

When concluding employment contracts, according to which the employee will perform work at a place other than the employer’s location, it is possible to provide for additional conditions, in particular regarding the workplace. Then a special assessment of working conditions will be carried out precisely at those workplaces that are indicated in the employment contract.

Rostrud

You can save on special assessments of similar jobs

If the commission for conducting a special assessment, determining the list of workplaces, identifies similar ones, then there is no need to conduct a special assessment of each such place - checking 20% ​​of their total number (but not less than two such workplaces) is enough. Part 5 Art. 9, part 1 art. 16 of Law No. 426-FZ. However, if during the special assessment it turns out that at least one of these workplaces does not meet the criteria of similarity, a special assessment will have to be carried out on all workplaces x Part 5 Art. 16 of Law No. 426-FZ.

Similar jobs- these are jobs part 6 art. 9 of Law No. 426-FZ:

• located in one or more similar production premises(production areas);
• equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
• where workers work:

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

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

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

Provided with the same personal protective equipment.

Results of the special assessment

Where should the results of the special assessment be sent?

Based on the results of the special assessment, the specialized organization that conducted it draws up a report Part 1-3 tbsp. 15 of Law No. 426-FZ according to the approved form e Appendix No. 3 to Order of the Ministry of Labor dated January 24, 2014 No. 33n. It must be signed by all members of the special assessment commission, including representatives of the employer and employee Part 2 Art. 9 of Law No. 426-FZ. You can, but are not required to, send the results of the special assessment to the labor inspectorate at your location. It makes sense to do this in order to insure yourself in case the assessing organization does not enter the data into the Federal State information system taking into account the results of the special assessment. She will be required to do this from 2016. Then the labor inspectorate will enter the data.

If your company has a website, then you are required to post summary data on the results of the special assessment on it within 30 calendar days from the date of approval of the report part 6 art. 15 of Law No. 426-FZ.

In addition, you must familiarize employees in writing with the results of the special assessment also within 30 calendar days, excluding periods of illness, business trips, vacations, inter-shift leave and clause 4, part 2, art. 4, part 5 art. 15 of Law No. 426-FZ.

We indicate working conditions at the workplace in the employment contract

The employment contract must specify the working conditions at the workplace. Art. 57 Labor Code of the Russian Federation. It's about about the class (subclass) of working conditions in the workplace based on the results of a special assessment. This condition might look like this.

3.5. Working conditions at the workplace in terms of harmfulness and (or) danger are: acceptable conditions labor (grade 2), which is confirmed by the report on a special assessment of working conditions, approved on July 1, 2014.

After conducting a special assessment and approving the report on the special assessment, such a condition must be included in the employment contract immediately upon its conclusion with new employees. If the employment contract was concluded before the special assessment, then this condition is included in the employment contract after it is carried out by an additional agreement. Art. 57 Labor Code of the Russian Federation;. If an employee is hired at a newly created workplace, in respect of which an unscheduled special assessment is carried out within 6 months from the date of its creation clause 1 part 1, part 2 art. 17 of Law No. 426-FZ, such a condition is also included in the employment contract by concluding an additional agreement after approval of the special assessment report.

What kind of compensation for “harmfulness” are employees entitled to this year?

Before conducting a special assessment, you must provide employees with the same guarantees and compensation as last year if, based on the results of the certification, harmful (class 3, degree of harm 3.1-3.4) and (or) dangerous (class 4) working conditions were established.

If a special assessment subsequently confirms the previous working conditions, then guarantees and compensation will need to be provided in the same amounts as before the special assessment and Part 3 Art. 15 of Law No. 421-FZ. And only if the special assessment recognizes the working conditions as acceptable, workers will not need to be provided with guarantees and compensation “for harmfulness” Letter of the Ministry of Labor dated March 21, 2014 No. 15-1/B-298.

If, based on the results of a special assessment, the amount of guarantees and compensation provided to the employee (salary increase, shortened working hours, additional leave) has changed, it is necessary to conclude additional agreement To employment contract, changing its provisions on working conditions and provided guarantees and compensation x

When you don’t have to pay additional fees to the Pension Fund for “pests”

If, according to the results of certification, harmful (class 3, degree of harmfulness 3.1-3.4) working conditions were established for all workplaces, but none of the positions are specified in subparagraph. 1- 18 p. 1 tbsp. 27 of the Law of December 17, 2001 No. 173-FZ and in Lists No. 1 and No. 2 approved Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, then it is not necessary to pay contributions to the Pension Fund at an additional tariff Letter of the Ministry of Labor dated March 13, 2014 No. 17-3/B-113 (clause 1). After all, your employees are not employed in jobs that give them the right to receive an early retirement pension.

If you have “harmful” jobs, then it may make sense for you to hurry up with the special assessment without waiting for the certification results to expire. After all, only this will allow you to save on contributions to the Pension Fund at an additional tariff if the conditions at the workplace included in the “pension” Lists are considered acceptable.

Since 2014 all employers(companies and individual entrepreneurs) are required to carry out. The article shows the types of workers when a special assessment of working conditions is not required. It is worth noting that the results of workplace certification for previous years will be considered valid for five years from the date of conduct. In other words, if your company underwent certification, for example, in 2012, then a special assessment for labor will be needed only in 2017. The deadline for a special assessment of working conditions is December 31, 2018.

Special assessment of working conditions in an office or liquidated organization

The company is in the process of liquidation, is it necessary to conduct a special audit?

Until they are expelled from the Unified State Register of Legal Entities, they may find fault.

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (managerial personnel)?

Yes need. A special assessment of working conditions is carried out in relation to the working conditions of all employees working in an organization or an individual entrepreneur. The exception is homeworkers and remote workers (Article 3 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”).

There was a rumor that the annual admission would be denied financial statements to those taxpayers who did not care about carrying out the special tax assessment. Accountants began receiving phone calls with such threats.

Under the auspices of SOUT, commercial firms are trying to sell their services.

As for the 4-FSS report, it data on SOUT are reflected at the beginning of the year, which means that data on the special assessment carried out this year will appear in the report for the 1st quarter of 2019.

What jobs must be certified?

As a general rule, SOUTH includes the measurement of hazardous production factors during, for example, standard production processes.

SOUTH must be carried out at all workplaces, even in those where there is no “harmfulness” factor (for example, the workplace of an accountant, manager, director), with some exceptions (see below). In relation to workplaces that are recognized as similar, it is sufficient to carry out an assessment assessment only for 20% of such workplaces (but not less than two workplaces). Therefore, the assessment results will be distributed automatically to other workplaces (Article 9 of Law No. 426-FZ).

Important! For example, if a company employs six auditors who are in the same room and use the same equipment (computer, printer, etc.), then their jobs can be considered similar and instead of six, only two jobs can be assessed.

The jobs of a manager and an accountant (different functionality, positions) cannot be considered similar and the 20% rule (but not less than two jobs) does not apply in this case.

There are also circumstances in which there is a need for an early assessment. They are listed in paragraph 1 of Article 17. Such circumstances include:

• Identified occupational diseases caused by the influence of harmful production factors on the employee.
• Accidents in the workplace.

The transition from certification to special assessment is regulated by Article 27 of Law No. 426-FZ. Law No. 426-FZ (clause 3 of Article 3) changed the list of jobs that are subject to special assessment. The differences in approaches to certification and special assessment are described in the Table below.

to menu

They will be fined starting in 2019. The minimum fine is 60 tr. The assessment data is shown in Table 5.

Is it necessary to carry out SOUTH if only the director is registered in the organization, and wages are not calculated?

The employer must fulfill the obligations stipulated labor legislation, including legislation on special assessment of working conditions (Article 22 of the Labor Code of the Russian Federation). Also on the basis of Part 2 of Art. 4 of Federal Law No. 426-FZ, he is obliged to ensure the implementation of SOUT.

From the above standards it is clear that for an organization whose staff does not have wage-earners, except for the director, there are no exceptions. Therefore, it is necessary to carry out an SOUTH assessment regarding the director’s workplace.

The CEO cannot be a remote worker. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the residential address of the director, then he is already a home worker!

Rostrud believes: there is an office rental - there is a workplace, albeit not for all employees, but general director- exactly. And even though renting an office is a forced expense due to the legal address, and the general manager works from home. You have to pay - either for a special assessment or a fine. Any employee except the CEO can be a remote worker or a homeworker.

There is an old comment from 2015 Information portal Rostruda "Online inspection.RF", September 2015 on Garant... link

Starting from 2020, fines for SOUT will be applied automatically.

Starting from 2020, enterprises with jobs that have been in place for more than a year and for which there is no information about conducting SOUT in the FSIS SOUT system will begin to be fined automatically.

Data on SOUT has been entered into the FSIS SOUT since 2014, but in the first year, not all SOUT results were included in the system. Therefore, accurate data that can be used. To punish employers who did not carry out SOUT, there is only since 2015. And employers will begin to be fined automatically in 2020.

Until this time, only enterprises face a fine. Which the labor inspectorate will check in 2019 according to plan or outside the plan. Now Rostrud is preparing draft regulations. Which will regulate how the inspection will attract enterprises automatically.

Companies who are required to carry out SOUT

1 . Companies that did not conduct workplace certification in previous years or did, but the validity of the results has already expired.

2 . Companies that have created new jobs (not counting jobs remote workers and homeworkers) or the technological process has changed.

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How to save money on a special assessment of working conditions

Companies can evaluate workplaces with optimal and acceptable working conditions once, rather than every five years. Then it is enough to include such places in the declaration of conformity. These and other amendments were made the federal law dated 05/01/16 No. 136-FZ into Article 11 of Law 426-FZ, which is in force from 05/01/2016.

After a special assessment, the company submits it to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Companies now declare workplaces with optimal or acceptable working conditions.

1. 
   Based on the results of a special labor assessment, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.
2. 
   What is more profitable - to spend special assessment labor or pay additional contributions? How to apply an additional tariff if an employee combines two types hazardous work? Conducting an assessment of working conditions.

home » Investments » Special workplace assessment for small businesses. Is it necessary to conduct a special assessment of working conditions for small businesses and individual entrepreneurs? Safe working conditions do not exempt from special assessment