Working conditions are all those factors that affect the employee, his environment at work or the place of work, the labor process itself. Harmful to a person are such working conditions that adversely affect a working person, and with sufficient duration or intensity of work, they even cause various occupational diseases.
What working conditions are considered harmful?
Dangerous and harmful working conditions can also cause complete or partial disability, exacerbation of somatic and other diseases, and affect the health of offspring. The classification of harmful working conditions is carried out according to the degree of harmfulness.
- First degree: working conditions cause functional changes that are restored with a long interruption of contact with harmful factors.
- Second degree: working conditions cause persistent functional changes leading to manifestations of occupational diseases after long-term work (over 15 years).
- Third degree: working conditions cause persistent functional changes leading to occupational diseases, temporary disability directly during the period labor activity.
- Fourth degree: working conditions cause severe forms of occupational diseases, an increase in chronic diseases, and complete disability.
There is a standard list of harmful jobs. To determine whether working conditions are harmful, you need to refer to the relevant document. There is an Order of the Ministry of Health and Social Development of Russia No. 46n dated February 16, 2009 “On approval of the List of industries, professions and positions, work in which gives the right to receive free medical and preventive nutrition in connection with especially harmful working conditions, diets for medical and preventive nutrition, norms of free issuance of vitamin preparations and the Rules for the free distribution of therapeutic and preventive nutrition. Some positions, the work in which is harmful, are also indicated in the employment contracts of specific enterprises.
According to Article 57 of the Labor Code of the Russian Federation, if the nature of the work provides for the presence of harmful or dangerous working conditions, then the following information must be indicated in the employment contract: specialties with qualifications; specific type of work assigned. At the same time, if the provision of compensations and benefits or the presence of restrictions is associated with the performance of work, then their names must correspond to the names indicated in the qualification reference books.
- working hours, if different from general rules established by this employer;
- conditions of remuneration, additional payments and allowances for dangerous working conditions, indicating their characteristics.
In accordance with Article 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week. But Article 92 of the Labor Code of the Russian Federation provides that workers employed in jobs with harmful and (or) dangerous working conditions should be given a reduced working time - no more than 36 hours per week.
At the same time, according to Article 94 of the Labor Code of the Russian Federation, for workers engaged in hazardous and hazardous work, the maximum allowable duration of daily work (shift) is established, which cannot exceed:
- with a 36-hour work week - 8 hours;
- with a 30-hour work week or less - 6 hours.
An employment contract may provide for an increase in the duration of daily work (shift) in comparison with the established article 94 of the Labor Code of the Russian Federation, subject to the norms of Article 92 of the Labor Code of the Russian Federation and the hygienic standards of working conditions determined by law.
List of harmful professions
The following positions were included in the list of harmful professions:
- employees of mining enterprises;
- employees of metallurgical industries extracting ferrous and non-ferrous metals;
- persons employed in the production of coke-chemical, coke and thermoanthracite substances;
- workers producing producer gas;
- citizens working on the creation of dinas products;
- employees of chemical companies;
- persons dealing with gunpowder, ammunition equipment, as well as initiating and explosive substances;
- employees of enterprises for the processing of oil and gas, as well as shale, coal and gas condensate;
- persons involved in metalworking;
- citizens working in the electrical industry and engaged in the repair of electrical appliances;
- employees authorized to manufacture radio equipment and electronics;
- building materials workers;
- persons working on the creation of an object made of glass and porcelain;
- citizens who make objects from artificial and synthetic fibers;
- employees employed in the pulp and paper industry;
- staff working on the creation medicines, medical and biological means and materials;
- persons performing labor duties in healthcare organizations;
- citizens participating in printing production;
- transport service employees;
- workers dealing with radioactive substances exposed to the negative effects of ionizing radiation;
- persons working at nuclear energy and nuclear industry enterprises;
- citizens engaged in diving work;
- electric welders and gas cutters performing their labor duties inside tanks, reservoirs or ship compartments;
- employees working with dangerous microorganisms;
- workers involved in metal pickling procedures in hazardous solutions;
- persons cleaning metal or metal parts with quartz sand;
- personnel of mercury substations;
- citizens working on power trains and power plants;
- employees of food industry enterprises;
- employees of film copying organizations;
- persons carrying out construction, restoration and repair work;
- personnel of enterprises providing communication services;
- citizens providing agrochemical services to agricultural organizations;
- employees conducting training in mass professions who work in organizations of the chemical, coal and mining industries;
- solderers, lime quenchers, locksmiths and vulcanizers, stokers, varnishers and machinists.
Benefits for workers engaged in hazardous production
Article 117 of the Labor Code of the Russian Federation provides for the right to additional annual paid leave for employees who are employed in work related to the adverse effects on human health of harmful physical, chemical, biological and other factors.
- in areas of radioactive contamination;
- in underground and open pit mining in cuts and quarries.
The minimum duration of such leave shall be seven calendar days. Its specific duration, depending on the class of working conditions, should be determined by the relevant instructions.
Additional leave is granted to employees if they actually worked in harmful and dangerous working conditions for at least 11 months in a working year. If less is done, additional leave provided in proportion to hours worked. To receive additional leave for harmful working conditions, work experience with harmful conditions is required, and this includes only the time actually worked under these conditions.
According to Article 126 of the Labor Code of the Russian Federation, the replacement of such additional leave with monetary compensation is not allowed, its payment is possible only upon dismissal of the employee.
If an employee has the right to receive additional leave due to harmful working conditions for several reasons, the leave is granted on one of these grounds.
The length of service giving the right to additional leave for work with harmful and dangerous working conditions does not include:
- period of temporary disability;
- time of maternity leave;
- time of performance of state and public duties.
Compensation for workers with harmful working conditions
Article 147 of the Labor Code of the Russian Federation establishes that the remuneration of workers employed in work with harmful and dangerous working conditions is established in increased size in comparison with the tariff rates established for various types of work with normal working conditions, but not lower than the rates established labor law.
Decree of the Government of the Russian Federation No. 870 determines the minimum amount of such an increase - at least 4% of the tariff rate (salary) compared to normal working conditions. More specific norms are established by departmental regulations, industry agreements, collective and labor agreements.
In addition, among the benefits are regular medical examinations, which are mandatory and periodic.
For those employed in hazardous industries, the legislation also provides for daily inspections, which must be carried out both at the beginning of the working day and during or at the end of the shift. The list of harmful and hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, as well as the procedure for their conduct, are established by Order of the Ministry of Health and Social Development of the Russian Federation dated April 11, 2011 No. 302n. These are works at height, climbing works, different kinds exploration and construction works, including in mountainous areas, work related to the use of flammable and explosive materials, work under water, various underground works.
A complete list of production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, as well as the procedure for their conduct, are established by Order of the Ministry of Health and Social Development of the Russian Federation dated April 11, 2011 No. 302n. According to part 1 of article 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work an employee who has not passed the mandatory medical checkup(psychiatric examination) or if medical contraindications for his work in harmful and (or) dangerous working conditions have been identified. If the employee did not pass the medical examination (examination) through no fault of his own, in accordance with Part 3 of Article 76 of the Labor Code of the Russian Federation, he is paid the time of suspension as downtime.
Restriction of work in harmful conditions in accordance with Article 253 of the Labor Code of the Russian Federation is established for minors and women.
The list of industries, jobs and positions with harmful and (or) dangerous working conditions, in the performance of which the work of women is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 162.
The main restrictions are 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 physical work or works on sanitary and household services, a ban on the use of women's labor in work related to lifting and manually moving loads that exceed the maximum allowable norms for them.
For minors, there are also certain restrictions on work with harmful and dangerous conditions. These are underground work or harmful to health and moral development (trade in alcoholic beverages, tobacco products, narcotic and toxic drugs and their transportation, gambling, nightclubs), work related to the movement of heavy loads.
The rules for providing employees 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 No. 290n. Providing workers with personal protective equipment, flushing and neutralizing agents is provided for by Article 212 of the Labor Code of the Russian Federation, according to which these funds must be provided by the employer at his expense, and before that, undergo mandatory certification or declaration of conformity.
Personal protective equipment is issued based on the results of certification of workplaces for working conditions. The same order established the norms and conditions for dispensing milk - 0.5 liters per shift, regardless of its duration. At the request of the employee, the issuance of milk and other equivalent products can be replaced by a compensation payment.
Preferential old-age pension in accordance with article 27 of the Federal Law of December 17, 2001 No. 173 FZ “On labor pensions in Russian Federation» can be assigned to the previously established age for all men at 50 years old and women at 45 years old, if they have worked, respectively, for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and have an insurance record, respectively at least 20 and 15 years old.
Men aged 55 and women aged 50, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years if available insurance experience respectively 25 and 20 years.
If the period of work in harmful conditions is less than half of the specified period, but at the same time there is a required length of insurance period, then a preferential pension is also assigned, but with a decrease in the base age:
- in the first case, for 1 year for each full year of work in hazardous conditions;
- in the second case for 1 year: for men - for every 2 years and 6 months of harmful work, for women - for every 2 years of harmful work.
Other benefits in the appointment of pensions, which depend on the specific profession, hours of work and length of service.
For employees who work in heavy and hazardous industries, the legislation of the Russian Federation provides for compensation for harmful working conditions. This is a kind of reward provided by the employing company for the fact that its employees spoil the health and risk their lives. For failure to comply with the provisions of regulatory legal acts, the enterprise may be subject to serious penalties.
According to statistics, harmful working conditions affect about 560,000 Russian workers. 50% of them are employed in various industries, 30% in the transport sector. Despite benefits and compensations, 20% of these people become victims of occupational diseases.
is a broad concept that includes:
- physical factors - high atmospheric pressure, high air humidity, vibrations, noise level, electromagnetic fields, etc.;
- chemical elements - toxic substances used in the production process and adversely affecting various processes in the human body;
- biological provocateurs - viruses and pathogenic bacteria;
- features of labor organization - significant loads, high probability of injuries and damages, etc.
To assess the harmfulness of working conditions, the results of attestation of workplaces (implemented no later than January 1, 2014) or a special assessment of the enterprise are used. The management is obliged to report the results of the audit to the staff within one month. On the basis of the “verdict”, the harmfulness of professions and the benefits provided by law are determined.
Harmful working conditions: benefits
According to the provisions of 426-FZ, working conditions at the enterprise are divided into four gradations: optimal, normal, harmful and dangerous. Benefits and compensation are provided to employees whose professions fall into the last two categories. They can claim the following benefits from the state or employer:
- surcharges to set level salary (at least 4% of its size);
- additional paid leave (at least one week long);
- shortened working week (36 hours with the duration of one shift no more than 8 hours);
- free distribution of milk or dairy products;
- therapeutic and preventive nutrition at the enterprise;
- early retirement in the presence of the length of service of due duration;
- obtaining free vouchers to sanatoriums and dispensaries;
- issuance of overalls, disinfectants and other necessary consumables.
The employer has the right to independently approve the amount and type of compensation, acting within the framework of the Labor Code of the Russian Federation. His right is to voluntarily increase the amount of benefits. The source of funds for cash payments and other "privileges" are contributions transferred by the company to off-budget funds.
In some cases, compensation for work in harmful working conditions suggests the possibility of replacing it with cash payments. To do this, the employee should write an application addressed to the head of the enterprise. Monetization of benefits is often used in the form of free distribution of dairy products or the introduction of reduced working hours. Other types of "privileges", such as medical nutrition, cannot be replaced by material rewards: this is strictly prohibited by law.
The amount and types of compensation are fixed by an employment contract between the employer and employees. All types of payments are exempt from income tax. They do not pay insurance premiums.
How are benefits and compensations for harmful working conditions established?
According to legislative norms, the procedure for establishing compensation does not depend on the size of the organization and the scope of its activities. Basis for determining the amount of benefits - conclusions drawn on the basis of special evaluation working conditions (SUT). During it, the regulatory authorities check the hygienic working conditions of personnel, the likelihood of injury and damage during the labor process.
Based on the results of the assessment, the commission assigns working conditions harmfulness level. If they are found to be acceptable or optimal, no compensation is due. If they are called harmful or dangerous, the employer needs to determine what benefits and in what amount are due to the staff. Decision fixed in the provisions of the collective agreement or in other local documents.
Assessing the harmfulness of working conditions is the direct responsibility of any employer. It is carried out by two structures: Rostrud and the labor inspectorate in a particular subject of the federation. An employee of any enterprise who does not receive compensation and considers it illegal has the right to apply to the authorized bodies with a request to conduct an inspection of his workplace. To apply, only two documents are required: a written application and a work book.
At its discretion, the employer may assign additional payments to employees. For example, he has the right to introduce payments for moral damage to representatives of dangerous professions. Surcharges are optional "privileges" under the law, and therefore they are subject to income tax on a general basis.
How to set the amount of compensation?
When determining the types of compensation for harmful working conditions and their amount, the employer must be careful and careful. Unreasonable underestimation of social guarantees can be regarded by labor legislation as a serious violation. The firm will be brought to administrative responsibility - the payment of a large fine.
When determining benefits, the employer must take into account the requirements of the following documents:
- Labor Code of the Russian Federation
- Additional cash payments must be at least 4% of the salary, preferential leave - at least seven days, a reduced shift should not exceed eight hours.
- Cross-industry or industry agreements
- For example, until March 31, 2016 in coal industry there was an agreement on the payment of allowances to workers in the amount of 10 to 20% of the salary. If there are such agreements in the industry, the company is obliged to comply with them.
- Trade Union Opinion
- If the enterprise has a trade union body, then the amount and composition of compensation must be agreed with it.
Where are compensation payments for harmful working conditions prescribed?
According to the provisions of the Labor Code, information about the work schedule and rest time is reflected in the Labor Regulations of the company. This means that benefits should be prescribed in separate paragraphs of the document: additional vacation days and a shortened working week, if any, at the enterprise.
Information about increased wages in connection with the harmfulness of production is reflected in the Regulations on wages. There you need to specify the exact percentage of the allowance to the standard salary.
Labor legislation obliges the employing company to reflect the features of working conditions (in particular, harmfulness) and the provided benefits in the employment contract. All types of compensation are prescribed in the agreement: cash payments, additional leave, therapeutic and preventive nutrition, etc. Information about the benefits provided is indicated in the text of the contract (for newly hired specialists) or in an additional agreement to it (for employees who already work at the enterprise).
Compensation procedure?
The Labor Code obliges the employer to pay a cash bonus for harmfulness every month. It is set by the company's local documents as a percentage of the salary. The surcharge is reflected in the pay slip as a separate line.
Additional leave is provided to employees on an annual basis and is indicated in the vacation schedule drawn up at the enterprise. It is given at the same time as the next one. It is important that when determining the right of an employee to it, the number of not calendar days, but actually worked days, is taken into account. Representatives of the company sum them up, and then divide by the average number of working days in a month.
Therapeutic and preventive nutrition is organized in the form of hot breakfasts, which are offered to the staff before the start of the shift. For certain types of production, milk or sour-milk products are additionally issued. Vitamins are added to the first or second courses, which increase the body's resistance to harmful production factors.
Reduced working hours must be reflected in the Timesheet. If necessary, the employer may increase the length of the working week for the employee, if there is his written consent. For the refusal of the benefits due to him, the specialist is entitled to monetary compensation.
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Employees who carry out their work in hazardous working conditions are entitled to receive additional payments for harmful working conditions, which are designed to compensate for the adverse effects of working conditions on the health of employees.
In this case, we are talking about the legally established rule on the increased salary of such employees (part 1 of article 146, part 1 of article 147 of the Labor Code of the Russian Federation). The same rule applies to hazardous work.
Surcharge for harmfulness for attestation of workplaces
First of all, the company should take into account that the additional payment for harmfulness is established for employees only if their working conditions were found to be harmful on the basis of a special assessment of labor. If, according to a special assessment of working conditions or the conclusion of a state examination, working conditions are considered safe, then such an additional payment for work in harmful working conditions cannot be established, since there are no harmful conditions themselves (part 4 of article 219 of the Labor Code of the Russian Federation).
At the same time, an organization that has employees working in hazardous conditions should take into account that the legislation allows companies not yet to conduct a special assessment of working conditions if five years have not passed since the certification of workplaces (certification could be carried out until 01/01/2014, see Part 4, Article 27 of Law No. 426-FZ). If, based on the results of this certification, it was recognized that employees work in harmful conditions, they retain the right to additional payment for harmful conditions until the company conducts a special assessment.
How to calculate surcharge for harmful working conditions
The current labor legislation regulates the mechanism for calculating the increase in wages for work in harmful working conditions, setting the minimum amount of the increase in wages for "harmful" work. Minimum size such an increase - four percent of the salary or tariff rate of employees performing the relevant work with normal working conditions (part 2 of article 147 of the Labor Code of the Russian Federation). In practice, this is most often done through the establishment of a surcharge.
However, this does not mean that all “harmful” workers should receive just such an additional payment.
Firstly, a higher salary increase can be set in the organization, taking into account the opinion of employee representatives, for example, when adopting a collective agreement. In addition, a higher percentage can be set both in an employment contract with a specific employee, and in a local normative act organizations, for example, in the internal labor regulations of the company (part 3 of article 147, part 3 of article 219 of the Labor Code of the Russian Federation). If an employee began working with harmful working conditions after being hired by an organization, then an additional payment can be provided for in an additional agreement to a previously concluded employment contract not forgetting to also point out that working conditions are harmful.
Secondly, other sizes can be established in the sectoral lists of works (due to the fact that the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated 03.10.1986 No. 387 / 22-78 continues to be in force). So, for example, for coal mining, construction or construction and repair work, certain amounts of additional payments for harmful working conditions are established.
The amount of additional payment for "harmful" work should also be fixed in the payslip, since Art. 136 of the Labor Code of the Russian Federation obliges the employer to notify employees in writing of all constituent parts, from which the salary for the corresponding period is formed.
In addition, it is also necessary to take into account that if employees work in the northern regions, then a regional coefficient should be charged for additional payment for harmful working conditions (see Decree of the Ministry of Labor of Russia dated September 11, 1995 No. 49).
Responsibility for non-payment of surcharges for harmfulness
The responsibility for incorrect calculation and / or non-payment of the considered surcharges lies entirely with the employer. In this case, the organization is liable as for non-payment of wages.
In other words, first, employees may suspend hazardous work as a measure of self-defense. Employees have the right to do this after fifteen days of salary delay and not work until it is paid (including not coming to work), it is enough just to warn the manager about this in writing. Note that there are cases when it is impossible to suspend work (part 2 of article 142 of the Labor Code of the Russian Federation).
Secondly, the organization can be held liable, which means the subsequent payment of the entire amount of wages and interest (1/150 of the key rate of the Central Bank of the Russian Federation for each day of delay - Article 236 of the Labor Code of the Russian Federation). In the internal documents of the organization, a more significant amount of interest may be established.
Thirdly, non-payment threatens to bring to administrative responsibility (a warning or a fine in accordance with part 6 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Finally, it is possible to bring the first person of the organization to criminal liability in the form of a fine, deprivation of the right to hold certain positions, forced labor, or even imprisonment (
“Milk for harmfulness” - over its centuries-old history, this expression has become firmly established in everyday life and has acquired additional meanings. And it all started in 1918, when Lenin first ordered this drink to be given to the starving employees of the Putilov factory. What else, besides free milk, is typical for “harmful working conditions”, we will tell in the article.
Types of degrees of harmfulness of labor
"Hazardous work" is one of the types of working conditions. The classification is based on a value equal to the deviation of standards from the hygienic requirements established by law. Types of degrees of harmfulness of labor are fixed by Federal Law N 426. It establishes 4 subclasses and two levels of classification.
First - division of working conditions into classes, depending on the degree of deviation from the standards:
- optimal - when harmful effects are absent or minimal;
- permissible - when the impact of harmful factors is slightly higher than hygiene standards, but during the rest it is minimized;
- harmful - working conditions, when adverse and dangerous effects are much higher than the legally established norm;
- hazardous working conditions - when harmful and dangerous exposures in the workplace pose a threat to life.
The second level of classification is the division harmful labor» into subclasses. It is based on two indicators:
- the time required for the employee to recover;
- the severity of the occupational disease that the employee receives at work.
1 degree: Working conditions in which occupational diseases are absent, but prolonged activity can cause their development. Harmful and dangerous effects are slightly above the norm. Their influence is leveled after the restoration of strength on vacation.
2 degree: Even with regular and proper rest and recuperation, the dangerous and harmful influence of factors is not reduced to a minimum. After a long period of work - more than 15 years, an employee may develop an occupational disease of an initial level or mild severity. A distinctive feature is that the employee does not lose his ability to work.
3 degree: Conditions under which harmful and dangerous impact work environment can lead to occupational diseases of mild to moderate severity. The duration of employment does not matter, since disability may occur in the course of work.
4 degree: The highest degree of harmfulness of labor. Work at enterprises where professions are assigned the 4th degree of harmfulness, dangerous to health. The risk of acquiring a severe form of an occupational disease is maximum. This leads to complete disability. Like dangerous working conditions, there is a risk to life. However, it is somewhat lower, since there is no direct danger.
Methods for determining
The Ministry of Labor has developed a methodology that regulates the rules for assessing the impact of harmful factors on an employee. It was approved by Ministerial Order N33n, agreed with Federal Service on supervision in the field of consumer protection and human well-being and the national tripartite commission for the regulation of social and labor relations.
The basis for assigning a profession a "harmful" degree is research.
Chapter 3 of the regulatory legal act is devoted to the procedure for their implementation.
The legal obligation to initiate the study rests with the employer. He organizes the commission and the evaluation schedule. At the same time, the financial burden also lies on him. The frequency of studies is at least once every five years.
Also there is an unscheduled check. It is carried out when creating new jobs or changing conditions for old ones, as well as when sending an order to the head of the enterprise. It may also be a reason work injury or an accident, or a reasoned appeal from a trade union representative.
To conclude on the harmfulness, it is necessary to convene a commission.
Composition of the commission:
- Representative of the employer, including a labor protection specialist;
- Representative of the trade union (if the employee is a member of it);
- Authorized persons from the outside (employees of laboratories, etc.).
The number of committee members is not limited by law.
The right to conduct a study of the degree of harmfulness of working conditions have laboratories - state accredited and specialized, experts and employees of organizations with education and whose duties include conducting such tests.
Research is not conducted to study the harmfulness of the work of home-based and remote workers. Also, the profession of an employee who works for individual without IP. As for the study of the working environment of municipal and civil servants, here, in addition to the Order of the Ministry of Labor 33n, there are documents on state and municipal service.
Methods for studying the degree of harmful effects of working conditions and appropriate methods are being developed specified organizations and individuals on their own. However, they must comply legal acts Russian Federation, ensuring the uniformity of measurements:
- the law of the same name and the law "On technical regulation",
- government regulations,
- standards - GOST, RD, PMG, etc.
- recommendations of Gosstandart of Russia.
Research takes into account the following types impacts:
- biological;
- chemical;
- fibrogenic aerosols;
- hydroacoustics;
- microclimate;
- light;
- non-ionizing and ionizing radiation;
- heaviness/tension of work.
Also, all hazard assessment can be carried out based on their complex impact on the employee.
In the event that research poses a threat to the life of a laboratory specialist, such work is automatically assigned the status of dangerous. This is the main difference between the 4th degree of “harmful labor” and “dangerous conditions”.
New in 2014 is mandatory confirmation of the "harmful" working conditions special commission. This greatly increased the costs of employers and forced them to improve the working environment.
Eg, use high-quality means of protection against dysfunctional and dangerous factors which will reduce the degree of unfavorable production. An important condition is their mandatory certification and approval of changes. Reducing the hazard class is carried out on the basis of an expert opinion. For a number of organizations, approved industry specifics serve as such a basis.
Permissible level of “harmfulness” reduction is 1 step. The decision must be coordinated with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
When assigning a level of harmfulness, employees of such an enterprise are required to undergo a medical examination. For this, a list of the contingent is formed, which is regulated by order of the Ministry of Health 302n. This list provides information about the profession, the number of men and women working there, hazardous production factors, the names of employees for medical examination and its frequency.
The list is printed in three copies, approved, signed by the director (manager), certified with a seal and submitted to the territorial department of the Rospotrebnadzor Administration. This must be done prior to the medical examination.
A complete list of harmful and dangerous professions
The list is quite extensive and is regulated by 2 regulatory legal acts - Federal Law N 400 and Government Decree N 665 of 07/16/14.
Harmful industries include:
- mining industry;
- metallurgy, including metal return, its pickling;
- coke-chemical, coke and thermoanthracite production, as well as processing of minerals;
- generator gas production;
- dinas industry;
- chemical industry;
- production of gunpowder and ammunition;
- electrotechnical, radio production;
- construction and production of materials, restoration and repair;
- glass and porcelain industry;
- work with fiber, artificial and synthetic;
- pulp and paper industry, as well as printing;
- medicine and microbiology, including the creation of materials;
- transport;
- Atomic industry;
- divers;
- mercury substations;
- food industry;
- film copy organizations;
- communication services;
- agrochemistry.
A detailed list of professions with positions is contained in List N 1 of Government Decree N 665. Each of them has been assigned a specialized code. Anyone, upon employment, can check the hazard subclass on their own.
Benefits and compensation
Benefits for employees of "hazardous industries" are regulated by the provisions of the Labor Code. These include:
- Shortened working week (less or 36 hours instead of 40);
- Reduced shift: 8 or 6 hours, at 36 or 30 hour weeks, respectively. The shift can be increased, but within the established hourly week.
- Additional vacation up to 7 days for workers in radioactive hazardous and mining operations. Its duration depends on the degree of "harmfulness" and the period of work. If at least 11 months have been spent in these industries, the vacation is granted in full. If less - in proportion to the hours worked. It cannot be replaced by monetary compensation, except in the process of dismissal.
- Increased wage rate. The minimum size is 4%.
- Therapeutic and preventive nutrition.
- Spa treatment.
- Regular medical checkups.
- Full provision of equipment and personal protective equipment.
- Beneficial pension.
The main legal act regulating the provision of pensions for workers in "harmful" professions is the federal law N 400. It says that workers in industries with an adverse effect on the body are paid a pension earlier than it is set for the rest (60 years for men and 55 years for women). Preferential conditions for men - retirement at 55, possible:
- If the insurance experience is at least 20 years;
- The employee worked for at least 10 years in "harmful" production (half of item 1).
Preferential conditions for women - retirement at 50, possible:
- If the insurance experience is at least 15 years;
- The employee worked for at least 7.6 years in "harmful" production (half of item 1).
At the same time, the pension coefficient for all these employees must be equal to at least 30.
Also, in both cases important condition is the confirmation of "harmfulness" by a special commission.
Video contains actual information about the latest changes in the list of harmful working conditions.
Russian legislation seeks to ensure the safety of workers, however, not all types of activities can be unconditionally harmless to workers - in such cases, the legislation provides for additional guarantees, including mandatory additional payment for harmful working conditions. At the same time, the legal regulation of this issue is provided by a significant number of regulations, and the direct amount of additional payment for harmful working conditions depends on their specific class. An additional payment for harmful working conditions is carried out on the basis of a special assessment.
Surcharge for harmful working conditions - what is it
Since employees who have to deal with their work responsibilities with factors that have Negative influence their health are protected by labor laws, their employers are obliged to provide certain social guarantees due to the increased danger or harmfulness of the respective activities. One of the types of such guarantees is an additional payment for.
Such an additional payment is charged in addition to the salary or tariff rate in the form of strictly fixed percentages. At the same time, the employer is obliged to provide such payments, and for violation of the standards can be held liable. If the non-payment of the allowance for harmful conditions takes place, then the employer may be held administratively liable. And in case of malicious non-payment for mercenary purposes - and to criminal. Regardless of the reasons why the employee in question was not accrued the additional payment in question, the employer bears full financial responsibility - both in the form of an obligation to pay all the debt that has formed, and regarding the payment of additional compensation. They are charged in accordance with a certain percentage of the key refinancing rate of the Central Bank of the Russian Federation on the amount of debt every day.
From the point of view of taxation, the additional payment for harmful working conditions, although declared as compensation, relates to the cost of remuneration of the employee. Accordingly, personal income tax is levied from it, as well as from the basic salary. The employer, in turn, can attribute the data compensation payments to labor costs, which will reduce the taxable base if he is a payer of income tax. Also, it should be remembered that this surcharge is fully taken into account when determining the average earnings of a worker.
You can read more about what harmful working conditions are, as well as what social guarantees are provided for employees employed in them.
Legal regulation of additional payments for harmful working conditions - Labor Code of the Russian Federation
The main regulatory document, according to which the functioning of the system of additional payments for harmful working conditions, is the Labor Code of the Russian Federation. In particular, specific legal rules dealing with this issue can be found in the provisions of the following articles of this document:
The range of articles of the Labor Code of the Russian Federation regulating activities in hazardous working conditions is much wider. The above are only those standards that directly affect the issues of providing additional payment for harmfulness under working conditions, and not any other social guarantees.
However, in addition to the Labor Code of the Russian Federation, the issue of providing additional payments for harmfulness has separate mechanisms. legal regulation disclosed in other regulatory legal acts and documents. These include Federal Law No. 426 of December 28, 2013. The aforementioned document regulates the conduct of a special assessment, within the framework of which the actual assignment of specific hazard or hazard classes to certain working conditions takes place.
The amount of additional payment for harmful working conditions by hazard class
As mentioned earlier, the specific amount of additional payment for harmful working conditions directly depends on the specific hazard subclass established during the special assessment. Surcharge is carried out with a minimum step of 4% for various working conditions. That is, it looks like this:
- 1 class of hazard - 4%
- 2 – 8%
- 3 – 12%
- 4 – 16%.
It should be noted that the provision of health care products to employees, as well as milk and dairy products, does not apply to salary costs.
An additional payment is charged, as noted earlier, for all categories of payments directly related to wages. That is, for salary tariff rate, percentage of output, bonuses and other types of payments. But these additional payments do not apply to material assistance from the employer or also to other payments of a compensatory nature.
Special assessment as a basis for additional payment for harmful working conditions
Additional payments are made for harmful working conditions based on the results of a special assessment carried out at the workplace by specialists from accredited centers for conducting special assessments. This procedure should be repeated on the premises of the enterprise regularly, and employees should be notified after each assessment about their specific hazard class.
If the special assessment determines working conditions as acceptable, but not optimal (hazard class 2), then no additional payments will be due to such an employee, since, according to research, all potential damage to health should be leveled during the worker's rest period.
A special assessment of new jobs should be carried out within a year from the moment they appear. And for old and already verified places, the frequency of verification is five years. You can read more about the special assessment procedure and its main features.
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