I, a therapist, work in a medical center of a military unit (combined arms unit) with an infirmary for 20 beds. My duties include both outpatient reception and treatment of patients in the infirmary. My working week was 39 hours. 12 (paid) days were added to the main vacation in accordance with the Decree of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22 “On approval of the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and reduced working hours” and Instructions on the procedure for applying the said List, approved by the Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of November 21, 1975 273 / P-20, Section XL “Healthcare”. The commission arrived and I was told that, in accordance with Decree of the Government of the Russian Federation of February 14, 2003 N 101 "On working hours medical workers depending on the position they hold and (or) specialty", Appendix N 2, clause 1, I am supposed to work 33 hours a week, and 12 additional days for vacation are not allowed. The commander of the military unit does not carry out certification of jobs, it is not for him (part not medical). As a result, they made a 33 hour working week and took away 12 additional paid days for vacation in accordance with the Decree of October 25, 1974 No. 298 / P-22 “On approval of the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day. "Further, in order to bring the whole thing into a "proper form", the command of the unit is forced to sign: a notice of amendments to the employment contract and an additional agreement No. 1 of 07/01/2015. to the labor (main) contract No. 46 dated December 3, 2013. In the notice of amendments to the employment contract, they refer to Articles 119, 350 of the Labor Code of the Russian Federation, Order of the Minister of Defense of the Russian Federation of May 24, 2003 N 178 "On the annual additional paid leave for employees with irregular working hours in military units and organizations of the Armed Forces Russian Federation financed from the federal budget. "and in the additional agreement No. 1 of 07/01/2015, they added - to go to the position of combat duty, participate in field exits with the unit. I refused to sign all this. And to the notice of changes in the labor the contract gave a written explanation, referring to the Decree of 25.10.74 No. 298 / P-22, and how can I, as a civilian, go on combat duty (according to what, who pays, feeds me, etc.) And he also asked the command, do not add or change my previously signed contract No. 46 dated December 3, 2013. (with 39 hourly working weeks and twelve additional days for vacation.) Explanation: I don’t even claim any additional days for vacation in accordance with Order No. 178 of the Moscow Region RF dated 2003 "On annual additional paid leave for employees with irregular working hours in military units, since my working day is normalized. I apply for 12 additional days of vacation according to the period worked in accordance with the Decree of 10/25/74. No. 298 / P-22 “On approval of the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day”, which were taken away from me. (This is written in the labor (main) contract ). QUESTION: 1. Is it legal that they took 12 additional paid days from me to the vacation. 2. Can they attract a civilian general practitioner to go to the position of combat duty, participate in field trips with the unit. 3. Can I be fired under Article 77 of the Labor Code of the Russian Federation. 7) refusal of the employee to continue work in connection with a change certain parties conditions employment contract(Part four of Article 74 of this Code), if, in accordance with paragraph 8.1 of the labor (main) contract No. 46 dated December 3, 2013, signed by me, it is said that if the Employer changes the terms of this contract, there may be for reasons related to changes in organizational or technological working conditions , but such events are not and have not been carried out in the unit. Or the command will wait two months and fire me under Article 77, Clause 7.
Approved by order of the head
Federal Service for work and employment
dated March 31, 2017 No. 224.
Regulations on the territorial body of the Federal Service for Labor and Employment -
State Labor Inspectorate in Primorsky Krai
I. General provisions
1. This Regulation determines the main powers, rights and organization of the activities of the territorial body of the Federal Service for Labor and Employment - the State Labor Inspectorate in the Primorsky Territory (hereinafter referred to as the Inspectorate).
2. The Inspectorate is a territorial body of the Federal Service for Labor and Employment (hereinafter referred to as the Service), exercising its powers under these Regulations, on the territory of the Primorsky Territory.
3. The Inspectorate is formed, reorganized or abolished by the order of the Service in accordance with the approved by the Ministry of Labor and social protection of the Russian Federation (hereinafter referred to as the Ministry) by the layout of the territorial bodies of the Service.
The Regulations on the Inspectorate, as well as changes made to it, are approved by order of the Service in accordance with the Model Regulations on the territorial body of the Federal Service for Labor and Employment, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated May 26, 2015 No. 318n (registered by the Ministry of Justice of the Russian Federation June 30, 2015, registration number 37852),
4. The full name of the Inspectorate is the State Labor Inspectorate in the Primorsky Territory.
The abbreviated name of the Inspectorate is the State Labor Inspectorate in the Primorsky Territory.
5. Structure and staffing Inspections are approved by the head of the Inspectorate within the established wage fund and number (without personnel for the protection and maintenance of buildings) on the basis of the approved layout of the territorial bodies of the Service, taking into account the register of positions of the federal state civil service and acts determining the normative number of structural units.
6. Structural subdivisions of the Inspectorate are departments.
The Inspectorate may have structural subdivisions exercising powers in the established field of activity outside the main location of the Inspectorate.
7. Inspection in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, regulatory legal acts Ministries and Services, individual legal acts of the Service, as well as these Regulations.
8. The property of the Inspectorate is in its operational management.
9. The Inspectorate carries out its activities in cooperation with the territorial bodies of the federal executive authorities, performing the functions of federal state supervision in the established field of activity, other territorial bodies of the federal executive authorities, operating in the territory of the corresponding subject of the Russian Federation, executive authorities of the subject of the Russian Federation Federations, bodies local government, prosecution authorities, trade unions (their associations), associations of employers, other organizations.
II. Powers of the Inspectorate
10. The inspection exercises the following powers:
10.1. carries out:
10.1.1. federal government enforcement labor law and other regulatory legal acts containing labor law norms, through inspections, issuance of binding orders to eliminate violations, drawing up protocols on administrative offenses within its powers, preparation of other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
10.1.2. federal state control (supervision) in the field of social services;
10.1.3. state control (supervision) over compliance with the requirements of the Federal Law of December 28, 2013 No. 426-FZ "On special evaluation working conditions";
10.1.4 supervision and control of implementation:
authorities state power subjects of the Russian Federation of the delegated powers of the Russian Federation to make social payments to citizens recognized as unemployed in the prescribed manner;
social payments to citizens who are duly recognized as unemployed;
10.1.5. control for:
providing state guarantees in the field of employment of the population in terms of supporting unemployed citizens;
the procedure for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases;
activities of guardianship and guardianship authorities in relation to adult incapacitated or not fully capable citizens;
10.2. analyzes the circumstances and causes of the identified violations, takes measures to eliminate them and restore the violated labor rights of citizens;
10.3. carries out, in accordance with the legislation of the Russian Federation, the consideration of cases of administrative offenses;
10.4. sends, in accordance with the established procedure, the relevant information to the territorial bodies of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local governments, law enforcement agencies and courts;
10.5. checks compliance with the established procedure for investigating and recording industrial accidents;
10.6. summarizes the practice of application, analyzes the causes of violations of labor legislation and other regulatory legal acts containing labor law norms, prepares appropriate proposals for their improvement;
10.7. analyzes the state and causes occupational injury and develops proposals for its prevention, takes part in the investigation of accidents at work or conducts an investigation independently;
10.8. takes the necessary measures to involve qualified experts and (or) organizations in the prescribed manner in order to ensure the proper application of the provisions of labor legislation and other regulatory legal acts containing labor law norms, obtain an objective assessment of the state of working conditions in the workplace, as well as obtain information on the impact applied technologies, materials and methods used on the health and safety of employees;
10.9. requests from federal executive authorities and their territorial authorities, executive authorities of the constituent entities of the Russian Federation, local governments, prosecutors, judicial authorities, employers and other organizations and receives from them, free of charge, information necessary to perform the tasks assigned to it;
10.10. receives and considers, within the limits of its competence, applications, letters, complaints and other appeals of citizens about violations of their rights, takes measures to eliminate the identified violations and restore violated rights;
10.11. organizes the training of labor arbitrators;
10.12. registers in notification procedure collective labor disputes in organizations financed from the federal budget, as well as collective labor disputes arising in cases where, in accordance with the legislation of the Russian Federation, in order to resolve a collective labor dispute, a strike cannot be held, submits to the Service, in the prescribed manner, information on the indicated collective labor disputes;
10.13. provides information and advice to employers and employees on compliance with labor laws and other regulatory legal acts containing labor law norms;
10.14. informs the public about revealed violations of labor legislation and other normative legal acts containing labor law norms, conducts explanatory work on the labor rights of citizens;
10.15. checks compliance with the requirements aimed at realizing the rights of employees to receive security for compulsory social insurance against industrial accidents and occupational diseases, as well as the procedure for assigning, calculating and paying temporary disability benefits at the expense of employers;
10.16. sends information to the relevant state authorities about the facts of violations, actions (inaction) or abuses that are not subject to labor legislation and other normative legal acts containing labor law norms, and legislation on a special assessment of working conditions;
10.17. considers disagreements on the issues of conducting a special assessment of working conditions, disagreement of an employee with the results of a special assessment of working conditions at his workplace, as well as complaints about the actions (inaction) of an organization conducting a special assessment of working conditions;
10.18. sends submissions on the conduct by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection of the state examination of working conditions based on the results of state control (supervision), receipts of applications from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers ;
10.19. accepts from employers at their location declarations of compliance of working conditions with state regulatory requirements for labor protection;
10.20. sends to information system accounting in the form electronic document signed by a qualified electronic signature, information regarding accounting objects received from the employer, if the organization conducting a special assessment of working conditions fails to fulfill its obligations to transfer a report on a special assessment of working conditions to the accounting information system;
10.21. performs the functions of a recipient of federal budget funds provided for the maintenance of the Inspectorate and the implementation of the functions assigned to it;
10.22. prepares and submits to the Service, in accordance with the established procedure, statistical, financial and budgetary reports, as well as other departmental reports on the activities of the Inspectorate;
10.23. acquires, in accordance with the legislation of the Russian Federation, on its own behalf and exercises property and personal non-property rights within the limits of its authority, acts as a plaintiff and defendant in court;
10.24. ensures, within its competence, the protection of information constituting a state secret;
10.25. provides mobilization training for the Inspectorate;
10.26. organizes and manages civil defense at the Inspectorate;
10.27. carries out vocational training employees of the Inspectorate, their retraining, advanced training and internships;
10.28. carries out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, accounting and use of archival documents formed in the course of the activities of the Inspectorate;
10.29. determines suppliers (contractors, performers), in accordance with the legislation on contract system in the field of procurement, goods, services to meet state and municipal needs;
10.30. concludes government contracts, as well as other civil law contracts for the supply of goods, performance of work, provision of services for the needs of the Inspectorate;
10.31. exercises other powers in accordance with federal laws and other regulatory legal acts of the Russian Federation.
III . Rights of the Inspectorate and its officials
11. In order to exercise its powers in the established field of activity, the Inspectorate has the right to:
11.1. give, within its competence, legal and individuals clarifications on issues within the competence of the Inspectorate;
11.2. create advisory and expert bodies (councils, commissions, groups) in the established field of activity;
11.3. participate in the preparation, holding of meetings and other events on issues within the competence of the Inspectorate;
11.4. participate within its competence in the events organized by the Service for international cooperation in the established field of activity;
11.5. organize the conduct of the necessary tests, examinations, analyzes and assessments on issues of implementation (supervision) in the established field of activity;
11.6. involve, in the prescribed manner, scientific and other organizations, scientists and specialists to study issues in the established field of activity;
11.7. apply restrictive, preventive and preventive measures provided for by the legislation of the Russian Federation, aimed at preventing and (or) eliminating the consequences of violations of mandatory requirements in the established field of activity;
11.8. send their representatives to participate in public and advisory bodies on issues related to the activities of the Inspectorate.
12. Officials of the Inspectorate, when exercising appropriate supervision and control, have the right to:
12.1. in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, freely at any time of the day, with certificates of the established form, visit, in order to conduct an audit of the organization of all organizational and legal forms and forms of ownership, employers - individuals;
12.2. request and receive from employers and their representatives, executive authorities and local governments, other organizations and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
12.3. withdraw samples of used or processed materials and substances for analysis in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with notification of this by the employer or his representative and draw up an appropriate act;
12.4. investigate accidents at work in the prescribed manner;
12.5. present (issue) within the limits of authority binding instructions, including the removal from work of persons who have not been trained in safe methods and techniques for performing work in the prescribed manner, briefing on labor protection, internships at workplaces and testing knowledge of labor protection requirements;
12.6. submit to the courts demands for the liquidation of organizations or the termination of the activities of their structural divisions due to violation of labor protection requirements;
12.7. prohibit the use of personal and collective protective equipment for workers if such equipment does not meet the mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation and state regulatory requirements for labor protection;
12.8. draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
12.9. act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.
12.10. submit to the organization conducting a special assessment of working conditions, mandatory orders to eliminate violations of the requirements of the legislation on a special assessment of working conditions;
12.11. exercise other rights in accordance with federal laws and other regulatory legal acts of the Russian Federation.
IV. Organization of activities
13. The Inspectorate is headed by a head appointed by the Minister of Labor and Social Protection of the Russian Federation on the proposal of the head of the Service in agreement with the highest official of the Primorsky Territory (head of the highest executive body of state power of the Primorsky Territory) and the plenipotentiary representative of the President of the Russian Federation in the Far Eastern Federal District.
The Head of the Inspectorate is the chief state labor inspector in Primorsky Krai.
The head of the Inspectorate is personally responsible for the implementation of the functions assigned to the Inspectorate.
The head of the Inspectorate is relieved of his post by the Minister of Labor and Social Protection of the Russian Federation on the proposal of the head of the Service.
14. The head of the Inspectorate has a deputy (deputies) and distributes duties between them.
The Deputy Head of the Inspectorate is the Deputy Chief State Labor Inspector in Primorsky Krai.
The title of the position of the Deputy Head of the Inspectorate may indicate the direction of his activity.
The number of deputy heads of the Inspectorate is established by the head of the Service.
Deputy Heads of the Inspectorate are appointed to the position of the Head of the Service in agreement with the Plenipotentiary Representative of the President of the Russian Federation in the Far Eastern Federal District.
Deputy Heads of the Inspection shall be dismissed from their positions by the Head of the Service.
15. Chief Accountant The Inspectorate is appointed to the position by the head of the Inspectorate in agreement with the head of the Service
The Chief Accountant of the Inspectorate shall be relieved of his post by the head of the Inspection.
16. Officials of the Inspectorate have certificates of the established form, approved by the order of the Service, signed by the head of the Service, as well as personal seals (stamps) indicating the full name of the Inspectorate, job title, surname and initials.
17. Head of Inspection:
17.1. presents to the head of the Service:
proposals for the appointment and dismissal of deputy heads of the Inspectorate;
a draft annual plan and forecast indicators of the activities of the Inspectorate, as well as a report on their implementation;
17.2. approves the staff list of the Inspectorate, regulations on structural divisions Inspections, job regulations;
17.3. issues orders on the activities of the Inspectorate;
17.4. appoints and dismisses employees of the Inspectorate (with the exception of deputy heads of the Inspectorate);
17.5. acts on behalf of the Inspectorate without a power of attorney, disposes of its property within the limits established by law, concludes state contracts and civil law agreements on issues within the competence of the Inspectorate, issues powers of attorney.
18. For failure to perform or improper performance by officials of the Inspectorate of the duties assigned to them, they may be subject to disciplinary liability in accordance with the legislation of the Russian Federation.
19. Financing of expenses for the maintenance of the Inspectorate is carried out at the expense of funds provided for these purposes in the federal budget, in accordance with the budget estimate approved by the Service.
20. Control over the activities of the Inspectorate is carried out by the Service, including through scheduled and unscheduled inspections.
21. Changes and additions to this Regulation are made by order of the Service.
22. Inspection is legal entity, has in the territorial bodies of the Federal Treasury a personal account of the recipient of federal budget funds and a personal account for accounting for funds received from entrepreneurial and other income-generating activities, separate property, a seal depicting the State Emblem of the Russian Federation and with its name, other seals, stamps and letterheads established pattern.
22. Location of the Inspectorate: 690990, Primorsky Territory, Vladivostok, st. Flat, d. 68
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