The procedure for specifying working conditions at the workplace in an employment contract. Working conditions in the workplace - how to write them down in an employment contract

Describes in detail acceptable standards light, noise, rules for arranging the workplace. The article touches on issues related to workplace certification and the order in which it is carried out.

Concept

What are working conditions in the workplace?

The definition of the concept of “working conditions” has come a long way ( even centuries-old) road. Way to go from the ruthless exploitation of workers to more informed regulation of the work process, largely based on the opinions of doctors and experts. They received their final embodiment in national legislation.

According to Articles 56 and 57 of the Labor Code of the Russian Federation, an employment contract cannot be concluded without specifying working conditions. They must be indicated along with basic data, such as the employee’s full name, salary, etc.

Article 56 states that the employer is obliged ensure working conditions provided for by law.

And in Article 57 there is a clause that states that it is necessary to highlight the characteristics of working conditions in the employment contract, the harmful factors that the employee may encounter. Separately the compensation and guarantees due to him must be specified.

Manufacturing Process Characteristics

The production process is a planned activity of transforming matter/raw materials into a specific product.

Actions in such a process are connected into one chain, where all links are interdependent.

The nature of the process can be determined by:

  • the type of workforce involved;
  • means of production;
  • starting materials/raw materials.

Having identified the main means of production at the enterprise, a lot can be said about the type of process which is happening there. Let's say we know that the main machine at the enterprise is a certain metallurgical installation.

Then it becomes clear that there is work going on with metal, with ore. The workforce consists of metallurgists, steelworkers, etc.

From this fact, one can roughly imagine what safety requirements should be established and what occupational diseases are most likely.

Production environment

The production environment is the space where a worker carries out work activities. The concept includes buildings, means of production, transport used.

It also includes psychological and environmental conditions. The combination of these conditions has a constant impact on the employee.

Labor intensity

Labor intensity, in socio-economic literature, is work process tension.

The concept includes both psychological factors and objective information.

Work intensity is closely related to productivity.

In a poorly organized workplace tension will be high and productivity will be low.

This is the most negative option. The employee gets tired quickly, and the result is unsatisfactory.

Classification

Russian legislation divides working conditions for 4 classes. The regulating article is Article 14 of the Labor Code. The first class (optimal conditions) is the best, the fourth is the most harmful (dangerous conditions).

Optimal: refers to a work environment in which harmful effects workers of the enterprise are completely absent or are at an extremely low level.

Acceptable: in this case, a certain negative impact is allowed, but within strictly established standards.

Harmful: working conditions, where present obvious excess of dangerous effects on the worker’s body. A characteristic feature of this class is the probable occurrence of prof. diseases The legislation distinguishes four subclasses, called degrees.

Dangerous: in this class the employee is constantly exposed to influence negative factors caused by the production process. There is a high risk of occupational diseases and characteristic health problems.

Environmental factors

Physical factors influencing the work process are:

  1. Lighting— illumination, according to standards, must be within from 1 to 2 thousand Lux.
  2. Temperature- the higher physical activity, the lower the permissible temperature level in the room. Temperature suitable for active physical work from 10 to 16 C°. With average activity - from 18 to 23 C°.
  3. Noise– normal noise level – 65 decibels and a frequency of 75,000 Hertz. The noise level is considered high if it is higher 88 decibels.
  4. Vibration- in organizing the work process it is also necessary to take into account vibration effects on the worker’s body. They are divided into: local/general. They are closely related to the previous concept - noise.

Other factors usually include biological and chemical exposure. Example harmful characteristics working conditions is increased concentration of dust and toxic substances.

Certification of workplaces

The employer himself is responsible for certification of workplaces. Directly a certified organization is involved in certification who does this professionally.

For certification, a special commission is formed, consisting of the employer (his representative), a labor protection specialist of the enterprise, and members of trade unions.

After this, specialists from the hired certification company, together with the commission, inspect workplaces and collect data.

Environmental factors are measured - noise, vibration, deviations from norms are recorded. The final report contains factor measurement data. If workplaces are similar to each other (in terms of equipment, environment, etc.), then it is allowed to inspect one fifth of similar workplaces. But at least two places.

There is a distinction between scheduled and unscheduled certification.

Scheduled every five years.

Unscheduled certification is carried out with all significant changes in the production process.

These include replacing equipment, switching to a fundamentally different technology. production process, as well as the request of the trade union.

Attention! Accident in production is a good reason for an unscheduled inspection.

In the final conclusion of the special assessment of working conditions, it is formulated whether the workplace established standards or not.

Attention! Since January 2014 certification rules have been significantly changed. In particular, the changes affected the office sector. Office certification is now also mandatory.

Wording in the contract

How to specify working conditions at the workplace in an employment contract?

In the employment contract there must be information about what class the work belongs to.

For this purpose, a whole section entitled “Labor Safety”.

It indicates (prescribes) whether the conditions are “optimal” (class 1) or, on the contrary, “dangerous” (class 4).

In the “optimal” case, it is worth writing that all standards are met and there are no harmful conditions in the workplace.

Class 3 (harmful working conditions) and 4 (dangerous): it is very important to provide information about possible harm health. It is necessary to indicate the class, subclass, as well as the factors that determine, as a result, the activity is considered harmful (excessive noise, temperature, and so on).

Approximate wording - working conditions are dangerous (4th class), the reasons for this are increased level noise and low temperature.

Deterioration of working conditions

If the employee notices critical changes that are likely to lead to increased harmful factors, and the employer ignores his comments, then the employee has the right, through the trade union, to demand a new certification.

Further ignoring the resulting deterioration by the employer leads to serious fines.

If the changes/deterioration are more of a domestic nature (faulty lighting), then it is worth informing the company employee responsible for occupational safety.

Repairs must be made, eliminating the defect without loss of quality.

If the employer himself notices a deterioration, then it is also worth reporting this to a labor protection specialist.

Conclusion

Occupational safety is one of essential components regulation of the work process. It covers a wide list of factors; on their basis, a classification is formulated, which includes 4 classes of conditions.

The safest is the “optimal” class, the most harmful to health is the “dangerous”.

In the contract It is mandatory to indicate working conditions. Special compensation is provided for work in hazardous conditions. They provide salary supplements and additional rest.

The legislator separately regulates the procedure for specifying the basic working conditions in the workplace in an employment contract with each employee. The need for legal regulation this issue is associated with possible abuses on the part of employers in matters of reducing deserved earnings or fixing an excessive length of the working week. Fixing specific working conditions for the position as a whole, as well as preferential categories of employees separately, allows us to guarantee equality of all applicants for work and well-deserved monetary compensation.

Labor legislation is very sensitive to the need to comply with basic aspects of labor protection. And this applies not only to regular briefings and lectures on safety precautions, but also, above all, to the organization of a special assessment of each employee’s place of work. This concept includes information about the study:

  • factors that negatively affect a person’s health;
  • conditions that can cause death;
  • causes of industrial injuries.

Based on this assessment, working conditions are formed, which are subsequently reflected in the employment contract. As a result of the special assessment, the possibilities for ensuring maximum protection of workers are formed. In particular, this applies to the use of individual and collective protective equipment.

Conducting a special assessment is mandatory for all categories of enterprises, regardless of the form of ownership and labor organization. Based on the analysis, information is generated about the harmfulness of production as a whole or its individual positions, which should be reflected in the contract. Also, harmful working conditions imply division into classes, which are included in the employment contract, and provide separate benefits and compensation for workers.

Important! Exceptional forms of employment that do not require workplace inspections include homeworkers and remote workers.

The legislation provides for the procedure and procedure for conducting a special assessment, which is based on the following organizational principles:

  • familiarization with working conditions occurs as planned, according to the established schedule;
  • unscheduled inspections are required, which are associated with changes in the procedure for performing work activities;
  • Only comprehensive analysis is carried out (sample assessments are not allowed);
  • All identified changes are included in the employment contract.

Distribution

Characteristics of the main safety indicators that are associated with the direct execution of the work process are reflected in the Instructions and Rules of the Ministry of Health. These documents spell out the main rules for conducting a special assessment and determining the hazardous category of an enterprise. Based on the assessment results, it is determined whether a particular production belongs to different types harm to the so-called classes. And, in addition to the list of characteristics that classify the work of employees into various groups, the requirements display methods for compensating for possible harm.

Read also List of grounds for concluding a fixed-term employment contract

Table No. 1 “Distribution various types production into classes, according to harmfulness indicators.”

No.NameCharacteristicNote
1. I (optimal)There are no dangerous conditions recorded at the enterprise that exceed the norm established by law, and constant work cannot lead to significant illnesses.
2. II (acceptable)If at some points the harmfulness exceeds the limit, which may lead to occupational diseases.Effective methods to prevent the occurrence of illness are long weekends and extended vacations.
3. III (harmful)Harmful factors constantly operate in the workplace, which can lead to chronic illnesses.This class is usually divided into several subspecies:

1. Due to increased rest time between stages of work, there is a chance to prevent illness.

2. There are frequent cases of loss of ability to work due to the occurrence of specialized diseases.

3. Manifestation of mild to moderate diseases.

4. The occurrence of serious illnesses.

4. IV (dangerous)Constant and excessive influence of harmful factors, the danger of which cannot be compensated. As a result, deaths are possible.

Thus, a special assessment of working conditions (SAL) is not only a mechanism for protecting the employer, but also a mandatory requirement of the law. The employee must be familiar with the accompanying aspects of work, and therefore it is necessary to fix the working conditions in the employment contract.

Highlights

Drawing up a mutual contract is the main condition for establishing labor relations. And the agreement must stipulate all, without exception, related factors of service in the company. This is especially true for those moments that can cause harm to the life or health of employees. Based on this, it is imperative to specify in the employment contract harmful factors and possible consequences of work. The wording of the clause should include information that employees will have to perform work in conditions of a specific hazard class, but in order to reduce the harmful effects, bonuses and additional compensation will be applied.

Thus, it is expected to display the following points of labor relations:

  • the terms of excessive leave are prescribed (that is, more than 29 days allotted by the legislator);
  • minimum 4% additional payment to salary monthly;
  • reducing the length of the working week.

Interestingly, the law only proposes minimal example benefits and monetary compensation, while the results of applicable incentives can be much higher and are not limited in time.

Fixation order

It’s not difficult to figure out how to write down the terms of work in a contract. But a package of accompanying papers must be attached to the document. Thus, at the interview stage, the employer undertakes to warn the applicant about the presence of harmful factors and possible consequences long-term work in a position. This also needs to be written down in the agreement form. To confirm their words, the company administration must provide a package of special assessment reports.

If the employee agrees to employment on the specified conditions, then he must personally submit an application for employment. The same petition records his familiarization with the harmful features of production (each enterprise has its own individual sample). Also write down the methods that will be used to reduce the harmful influence on the team.

Afterwards, a contract is formed and signed by both parties. In this case, the following documents must be attached to the agreement:

  • expert opinion on assigning a hazard class;
  • assessment protocol;
  • a list of possible mechanisms for improving work;
  • safety requirements.

It happens that working conditions worsen during work. This may be due to a transfer to another location or reorganization of the company. The legislator allows such deterioration of working conditions if this is caused by the characteristics of the enterprise. To fix the new labor order is being compiled additional agreement to the employment contract. The only condition in this case is the use, along with aggravating circumstances, of mechanisms to facilitate labor.

Employment contract with harmful working conditions differs from a classic employment agreement with an employee in several respects. The employer must take into account all legal standards established in relation to manufacturing enterprises, the working conditions of which were found to be harmful or dangerous during a special assessment (SOUT).

Employment contract with harmful conditions sample: 2016

The relationship between employee and employer is regulated by the Labor Code of the Russian Federation, Federal Law No. 426 on SOUT, as well as list No. 298/P - 22, containing information about workplaces considered hazardous.

Employment contract with harmful conditions (sample 2016 available on our website) at first is no different from the classic agreement. You need to specify:

Full name and name of the enterprise;

Date, place of detention;

Duration of conclusion - it can be a fixed-term employment contract, or it can be concluded for an indefinite period (as a rule);

Job responsibilities and structural unit.

But with the work and rest schedule, compensation and benefits, as well as working conditions and payment for employee services, everything is somewhat different. Let us immediately note that part-time work is possible under an employment contract of this type.

On our website you can indicate where you need to (we provide an example):

1. Characteristics of the conditions: “the work is performed in hazardous working conditions - manual, arc and semi-automatic welding of units” (etc.);

2. Compensation and benefits:

"provided for additional leave in size 10 calendar days, and also – a compensation payment in an amount equivalent to the cost of milk”;

Or “an increase in wages in the amount of 4% on the basis of the Labor Code of the Russian Federation”;

Or “the employee is provided with a reduced working time”, for classes 3-4 established during the special labor assessment, a combination of these and other compensations and payments is possible;

3. Provision: “the company provides the employee with special clothing.”

According to Art. 57 Labor Code of the Russian Federation employment contract with harmful conditions must contain all compensation, benefits and detailed functions of the employee in order for the agreement to be considered legal. It turns out that the employer needs to take into account many details before signing a document with a new employee. The Labor Code of the Russian Federation prohibits hiring persons under 18 years of age and women. However, if you create safe conditions, then the norm does not extend its prohibition. To do this, you need to follow the instructions that the expert group will provide you during the SOUT.

Harmful working conditions in an employment contract: more about compensation and payments

Employment contract, harmfulness of the work process which is the basis of cooperation, as mentioned above, must contain a detailed list of allowances and compensation. Close attention is paid to the work/rest regime, the basic principles (according to Article 92 of the Labor Code of the Russian Federation):

The maximum length of a week is 36 hours;

An increase to 40 hours is possible, but with the written consent of the employee and with the increase wages, it is possible to use an hourly payment system in the contract or determine production standards;

A shift in a 36-hour week cannot exceed 8 hours, and in a 30-hour week - 6 hours if a shift schedule is chosen under the contract.

Also, the Labor Code of the Russian Federation assigned to employees working under employment contract, harmfulness of the work process in which priority is given to additional vacation. Minimum duration– 7 days. If a subordinate is entitled to a longer vacation, for example, 14 days, you can, by agreement of the parties, replace 7 days with monetary compensation (but the main time cannot be compensated financially).

On our website you can download a sample employment contract with harmful conditions, compiled by qualified lawyers. Filling it out is extremely simple - answer the questions in the form on the left, and the system itself will distribute the answers to the required sections of the agreement. As a result, you will receive the document in a matter of minutes; all that remains is to sign the parties. Enjoy the benefits of our service!

An employment contract concluded with an employee engaged in work with harmful or dangerous working conditions (filling sample)

Employment contract No. 09/12

Society with limited liability"Cold", hereinafter referred to as the "Employer", represented by director Sergei Sergeevich Vorobyov, acting on the basis of the charter, on the one hand, and Grigory Grigorievich Govorukhin, hereinafter referred to as the "Employee", on the other hand, concluded this agreement about the following:

1. Subject of the agreement

1.1. The employee is hired by the Employer to perform work as a repairman in a compressor shop.

1.2. Work for the Employer is the main place of work for the Employee.

1.3. The Employee's immediate supervisor is S.S. Vorobiev.

1.5. In order to verify the Employee’s compliance with the work entrusted to the Employee, it is established probation lasting 2 months. The specified period is calculated from the day following the date of signing of this agreement by both parties. Reason: Art. 70 Labor Code Russian Federation.

1.6. In connection with the condition provided for in clause 1.5 of this agreement, the Employer undertakes to inform the Employee in writing about the result of the test no later than three working days before the expiration of the test period.

If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the employment contract is allowed only on a general basis.

1.7. If the Employee does not start work within the time specified in clause 1.4. of this employment contract, the contract is canceled in accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation.

2. Rights and obligations of the parties

2.1. The employee is obliged:

2.1.2. Comply with the internal labor regulations, production and financial discipline established by the Employer, and conscientiously perform your duties job responsibilities, specified in paragraphs. 2.2.1 of this employment contract.

2.1.3. Take care of the Employer's property.

2.1.5. Pass on time medical examination.

2.1.6. Comply with labor protection, safety and industrial sanitation requirements.

2.1.7. Contribute to the creation of a favorable business and moral climate at work.

2.2. The employer undertakes:

2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.

2.2.2. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.

2.2.3. Pay the Employee in the amount established by this employment contract.

2.2.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the regulations on remuneration and other local acts of the Employer.

2.2.5. Fulfill established by law and other regulatory acts of the Russian Federation requirements for qualification level, health status:

Organize an internship for an Employee

Organize classes to improve the Employee’s professional skills

Ensure timely medical monitoring of the Employee, free medical examination once every 2 years. Conduct a thorough medical examination of the Employee with the involvement of clinic specialists

Comply with the Employee’s work and rest schedules established by the legislation of the Russian Federation.

2.2.6. Pay for training in case of operational necessity, in order to improve the Employee’s qualifications.

2.2.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.2.8. To help reduce the harmful effects of production factors on the life and health of the Employee.

2.2.9. Accept necessary measures for the prevention of industrial injuries, occupational and other diseases of the Employee in cases provided for by law.

2.2.10. Timely provide benefits and compensation in connection with harmful working conditions (additional leave), provide special clothing, special footwear and other personal protective equipment in accordance with current norms and regulations, and organize proper care of these equipment.

2.2.11. Provide equipment for heating and resting rooms for the Employee.

2.3. The employee has the following rights:

The right to provide him with the work specified in clause 1.1 of this employment contract

The right to timely and full size payment of wages

The right to rest in accordance with the terms of this employment contract and legal requirements

Other rights granted to employees Labor Code RF.

2.4. The employer has the right:

Encourage the Employee for conscientious, high-quality and effective work. Pay the Employee compensation for the use of a personal car, tools, etc. for the needs of the organization.

Bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation

Exercise other rights granted to him by the Labor Code of the Russian Federation.

3. Working hours

3.1. The employee is provided with a five-day working week of 36 (thirty-six) hours. Weekends are Saturday and Sunday.

3.2. The Employee’s work in the position specified in clause 1.1 of the contract is carried out in hazardous working conditions.

3.3. The employee is granted annual leave of 28 calendar days.

3.4. The employee is granted additional paid leave of 12 calendar days, and the additional leave is added to the main leave of 28 calendar days.

3.5. Part of the vacation exceeding 28 calendar days cannot be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation).

3.6. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

3.7. An employee working during the cold season outdoors or in closed, unheated rooms, in necessary cases special breaks for heating and rest are provided, which are included in working hours.

4. Terms of payment

4.1. For the performance of work stipulated by this employment contract, the Employee is paid a salary of 50,000 rubles. per month.

4.2. Wages are paid at the Employer's cash desk on the 15th and 30th of each month in accordance with the internal labor regulations. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation).

4.3. For work in hazardous working conditions, the Employee is paid an additional payment of 12% of the tariff rate.

4.4. The employee is provided with free milk or other equivalent products. food products. The rate of free milk distribution is 0.5 liters per shift, regardless of its duration.

4.5. The conditions and amounts of incentive payments by the Employer to the Employee are established in accordance with the regulations on remuneration and material incentives.

4.6. From the salary paid to the Employee in connection with this employment contract, the Employer withholds income tax individuals, and also makes other deductions in accordance with the current legislation of the Russian Federation and transfers the withheld amounts for their intended purpose.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment by the Employee of the obligations assigned to him by this employment contract, internal labor regulations, labor legislation duties, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

5.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

6. Termination of the employment contract

6.1. By common grounds provided for by current legislation.

6.2. In all cases, the day of dismissal of the Employee is the last day of his work.

7. Guarantees and compensation

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

7.2. For the period of validity of this employment contract, the Employee is subject to mandatory social insurance in state extra-budgetary funds at the expense of the Employer in the manner prescribed by the current legislation of the Russian Federation.

7.3. The Employer pays the Employee temporary disability benefits in accordance with the current legislation of the Russian Federation.

7.4. Upon the occurrence of temporary incapacity for work, the Employee is obliged to provide the Employer with a certificate of incapacity for work confirming his temporary incapacity for work (illness, accident, etc.) no later than 3 (three) days after the end of such incapacity for work.

8. Final provisions

8.1. The terms of this employment contract are binding legal force for the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

8.2. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

8.3. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

8.4. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

9. Addresses and details of the parties

I received the second copy of the employment contract.

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Employment contract with probationary clause

separate structural unit and its location)

to work ________________________________________________________________________

Indicated labor function, i.e. work according to the position staffing table, profession, specialty indicating qualifications specific type work assigned to the employee. If in accordance with

According to federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions

or specialties must correspond to the names specified in the qualification directories,

Sample employment contract

Sample form of an employment agreement (contract)

1. Enterprise (organization) _____________________________________

(Name)

represented by ________________________________________________________________,

(position, full name)

hereinafter referred to as the Enterprise, and citizen, ___________________

_____________________________________________________________________,

2. Employee _______________________________ is hired

______________________________________________________________________

(name of the structural unit of the enterprise: workshop, department,

a) without testing

b) ______________________________________________________________

(duration of probationary period)

7. The employee must perform the following duties:

The main characteristics are indicated

Works and requirements for their level

Execution: by production volume

______________________________ (works), quality of produced

Products (quality of service),

Level of compliance with norms and standardized

Assignments, compliance with security rules

Labor, performing related work in

To ensure interchangeability.

When combining professions (jobs),

Performing related operations is given

The list of these works and their volumes and

Other obligations.

8. The enterprise is obliged to organize the work of the employee, create

conditions for safe and efficient work, equip the working

place in accordance with occupational health and safety regulations,

pay wages stipulated by the contract on time.

Specific measures are indicated for

Production organizations

Process, workplace equipment,

Training and advanced training

Employee and creation of other conditions

Labor. When provided to the manager

Structural unit of hiring rights

Workers to work at this location

The agreements make appropriate

Record.

9. The employer’s obligation to ensure working conditions at

workplace indicating reliable characteristics, compensation and

benefits to the employee for hard, especially hard work and work with hazardous,

especially harmful or dangerous working conditions _________________________.

10. Guarantees in accordance with the Decree of the President of the Russian Federation dated 21

April 1993 N 471О additional measures for the protection of labor rights

citizens of the Russian Federation ___________________________.

11. Features of working hours:

part-time _________________________________________________

Labor legislation establishes the right of every employee to working conditions in the workplace that comply with labor safety standards and the requirements determined by the collective agreement in force in the organization. Let's consider what these conditions are and what rules regulate them.

Working conditions

Working conditions (we will call them below UT) in accordance with Part 2 of Art. 209 of the Labor Code of the Russian Federation represent the sum of factors in the working environment and the labor process that affect the performance and health of an employee.

The employer is obliged to create safe and normatively justified operating conditions for its employees at each workplace, as well as provide reliable and reliable information about them. full information(Articles 22 and 212 of the Labor Code of the Russian Federation).

Depending on the degree of harmfulness/danger, chemical substances are divided into four classes (Article 14 of Law No. 426-FZ):

  1. optimal;
  2. acceptable;
  3. harmful;
  4. dangerous.

Safe and acceptable UT

First-class safety equipment is considered optimal and safe for the worker; at his workplace there are no harmful/dangerous factors that negatively affect health.

Second class hazards are permissible, that is, harmful factors are present, but affect the employee within the established norm. The employee under such conditions is restored by the beginning of the next working day.

Harmful and dangerous UT

The third class includes harmful environmental pollution - when the level of exposure to harmful factors is higher than permissible.

Within the third class, four subclasses are distinguished (depending on the increasing level of impact):

  • harmful OT of the first degree: the employee does not have time to recover;
  • harmful hazards of the second degree: when working in such conditions for more than fifteen years, occupational diseases of mild severity may occur without loss of ability to work;
  • harmful hazards of the third degree: when working in such conditions, it is likely to acquire an occupational disease of mild/moderate severity with loss of professional ability to work;
  • harmful UT of the fourth degree: can lead to severe forms of occupational diseases with loss of the employee’s general ability to work.

The fourth class, the highest, is dangerous UT. Working in them threatens the worker’s life and carries a high risk of acute occupational diseases.

The establishment of a class (subclass) of labor protection, in addition to labor protection measures, affects the amount of the additional rate of insurance contributions paid by the employer to Pension fund RF: than better conditions labor, the lower the amount of deductions.

Condition on UT in the employment contract with the employee

SOUT, which has replaced the certification of workplaces since 2014, must be carried out in stages until December 31, 2018 in all organizations and in all workplaces, with the exception of home-based and remote ones.

Then it is carried out at least every five years; in some cases, an unscheduled SOUT is possible (Article 17 of Law No. 426-FZ).

UT in the workplace according to Art. 57 of the Labor Code of the Russian Federation, as well as guarantees and compensation for work with harmful/dangerous equipment, along with their characteristics, are required to be included in the employment contract.

This provision does not provide for any delays until the implementation of the special assessment.

If at the time of concluding the employment contract this information is not available, then the missing information is entered later directly into the text of the employment contract or added as an integral annex.

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