Who gets harmful. How to calculate extra charge for harmful working conditions

10.24.2019, Sasha Bukashka

Compensation for the harmful working conditions of the Labor Code of the Russian Federation is the staff established by the law to employees who workers under special conditions. Consider them in more detail.

Legal regulation of the issue

Working conditions under which there are factors that have adversely affecting the health of employees are considered harmful. That is, if the production does not meet the established criteria (illumination, hygienicness, load, work modes, chemical and biological hazards, other), then such production is recognized as dangerous or harmful. Harmfulness and class of working conditions is determined only when conducting a special assessment. This is a regulated procedure, which is carried out by special licensed organizations. And the duty of each employer is such a special price.

The legislation provides for special guarantees and compensation for harmful working conditions under the TC RF, but not only in the Code. The size and procedure for granting benefits are enshrined in the following regulatory acts:

1. Articles, and TK RF.
2. Law of December 28, 2013 No. 436-FZ in terms of a special assessment.
3. The Government Decision of February 29, 2002 No. 188 defines a list of activities and professions that relate to dangerous or harmful.

The specific conditions for the provision of benefits "for harm" are consolidated in local regulatory documents of the Organization (collective agreement, labor agreement and other documents).

What are the factors of production harm

The factors of harm are approved by the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n (the document is constantly updated).

They are divided into several groups:

1. Factors of the harmfulness of the employment process: physical dynamic load, the mass of the risen and moved cargo by hand, stereotypical work movements, static load, work pose, body slopes, etc.
2. Chemical factors: Work with chemicals considered harmful. These are allergens, carcinogens, asbestos, clay, cement, aerosols, ore and many other substances that their chemical composition is capable of harmful to human.
3. Biological factors: work with infections, viruses, microorganisms, toxins, and so on.
4. Physical factors: all sorts of radiation, vibration, noises, ultra- and infrasounds, temperature conditions, light, pressure, gravity, and so on.

For employees who work with these factors are obligatory (which doctors will pass and how often - written in the same order of the Ministry of Health).

Depending on the factors of the harmful production and classes of working conditions, according to the results of the special project, the employee and receives compensation and surcharge.

Classes of harm in work

Basic classes - 4, but there are also subclasses. They are described in Article 14 of the Federal Law No. 426-FZ.

For convenience, we led them to the table:

Types of guarantees and compensation "for harmfulness"

Labor Code are guaranteed such benefits:

• reducing the duration of the working day (no more than 36 hours per week);
• providing additional (from 7 calendar days);
• surcharges to the official salary, including district coefficients;
• providing free treatment and (or) recovery, medical examinations (may be provided after the employee's dismissal or after retirement);
• ensuring an employee with free consumables (uniforms,).

Some industries provide for the issuance of dairy products (Art. 222 of the Labor Code of the Russian Federation, the Order of the Ministry of Health and Social Development of the Russian Federation No. 45n). Recall that the cost of milk to calculate compensation for harmfulness is determined at the rate of 0.5 liters per shift per personnel.

For pensioners who worked in harmful or hazardous industries, in addition to compensation, significant are envisaged.

IMPORTANT!Legally defined a list of persons who are not entitled to work on harmful or hazardous working conditions.

These include:

• workers who have health deviations;
• pregnant and women with children up to 1.5 years.

Additionally, a separate list of prohibited industries and professions is fixed for women.

Reducing the work time on harmful working conditions

Article 92 of the Labor Code suggests that innovative workers reduce working hours.

Article 94 of the Labor Code of the Russian Federation establishes the standards of this reduction (in this case we are talking about employees working with harmful and hazardous working conditions - that is, with 3 and 4 classes):

• If the working week is 36 hours, then the maximum day - 8 working hours.
• If the working week is 30 hours, then in the most day - 6 working hours.

Milk for harmfulness

The Labor Code indicates that a number of employees must produce milk for harm (or other equivalent foods). The norm of such an extradition is 0.5 liters for a working shift of any duration.

Milk is not issued to everyone, but only those employees who work with the harmful factors established by the Order of the Ministry of Health and Social Development of Russia of 16.02.2009 No. 45n. The list includes:

• work with metals (aluminum, iron, chrome and others)
• work with ethylene and deceitlen and their derivatives
• working with a hydrocarbon methane row
• work with a variety of alcohols and acids
• work with aldehydes, aromatic hydrocarbons, phenol their derivatives
• working with synthetic polymer materials
• and other factors

Download a complete list of factors in which you should receive at the end of the article.

Instead of issuing the milk directly, cash compensation for the milk is distributed for the harmfulness so that the employee himself bought out products that reduce the harmful effects on the body.

Extra vacation for harmfulness

Additional vacation is one of the compensation law. Let's look at the 117 article of the Labor Code. It says that 7 days should be added to vacation (minimum 7) if people work with 2, 3 and 4 classes of harm. The employer has the right to add and more, but the minimum limit is 7.

It is important to understand 3 points about such compensation as add. Vacation:

1. Only according to the results of the special production, the working conditions of the employee recognize the "Battery". And only then should it be added. Vacation and other benefits and compensation.
2. The duration of this vacation of labor is prescribed in the employment contract of the employee.
3. Additional vacation can not be issued with money (even if the employee itself really wants). He is definitely walking! True, we are talking only about a minimum of 7 days. If there is extra. Vacation over 7 days, it is already allowed and take it to money (this is a replacement for issuing money compensation).

Supplement for harmful working conditions

Now look into Article 147 of the Labor Code of the Russian Federation. It says:

"The minimum amount of increased remuneration to employees engaged in works with harmful and (or) hazardous working conditions is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions."

That is, the surcharge is at least 4% of the salary. The workforum has the right and pay more, and 4% is a mandatory minimum aircraft along with other compensation.

How to achieve made payments, benefits and compensation

Often, employers evade the provision of laid benefits "for harmfulness". What in this case make employees:

1. Create a collective complaint with the trade union of the organization. In the circulation in detail, specify the norms of the current legislation that violates the employer, describe the harmful working conditions with which you work and write the requirements for eliminating disorders. The claim should be given to the employer under the signature or by registered mail.
2. If the question is not resolved, and the employer does not correct the identified disorders ,. In response to the appeal, the check will begin, according to the results of which made a decision on violations of legislation against workers.
3. To get compensation for past periods, you will have to go to court. The statement of claim will have to make evidence (statements, orders, employment contracts, testimony), confirming the fact of violations and non-submission of benefits and compensation for harmful works by law.

What to do with the employer, if at workplaces with normal working conditions, the special origin revealed the presence of harmful factors and on the conclusion of the Commission they were assigned a class of harm? Do I need to notify employees about this and make changes to? From what moment to provide guarantees and compensation, relying on the Labor Code of the Russian Federation to employees, whose working conditions have worsened?

The company in accordance with the requirements of the legislation conducts special price. As a result, in some workplaces, labor conditions are assigned a harmful class, for example 3.1 or 3.2. At the same time, the working conditions were normal. How to do the employer in such a situation? Do I need to make changes to the employment contract and indicate there information about the dangers of conditions at workplaces? How to provide guarantees and compensation to employees whose conditions have worsened? From what moment to do it? Yes, there are a lot of questions. About everything in order.

A few words about special price.

By virtue of Art. 212 TK RF responsibilities for ensuring safe conditions and labor protection are assigned to the employer. For this purpose, the employer must provide, among other activities, carry out a special assessment of working conditions in accordance with the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ).

The meaning of the special price is that the employer through the invited independent specialized organization conducts an analysis of the state of working conditions at predetermined workplaces. This is done for:

• identifying harmful and (or) hazardous production factors;
• estimates of the level of exposure to such factors per employee;
• determining the degree of deviation of the values \u200b\u200bobtained from the established standards;
• evaluation of the effectiveness of the use of personal and collective protection of employees.

What working conditions are considered safe, according to Art. 209 TK RF: Conditions under which the impact on working harmful and (or) hazardous production factors is excluded either levels of exposure do not exceed the established standards.

The impact of a harmful factor can lead to a disease of the employee, and dangerous to injury. If during the workplace special price is revealed, labor conditions (subclass) of harm and (or) danger is awarded. There are only four classes - optimal, permissible, harmful and dangerous conditions (part 1 of article 14 of Law No. 426-FZ). At the same time, harmful working conditions have four subclass (degrees).

We note that from what class (subclass) of working conditions is installed in the workplace depends:

• provision of guarantees and compensation to employees (additional vacation, reduced working hours, increased labor payment);
• the size of the additional tariff of insurance premiums (the better the working conditions, the less the amount of deductions).

For your information.

The results of special fees do not affect the rate of contributions for injuries. The tariff establishes the FSS, based on the data on the main form of the company's economic activity over the past year (the rules for attributing the types of economic activity to the class of professional risk, approved by the Decree of the Government of the Russian Federation of 01.12.2005 No. 713).

Maintaining working conditions in an optimal or permissible state allows the employer to reduce costs, because it will not have to pay to employees and deductions to the tax.

Meanwhile, there are no separation of the situation when the employer does not care about working conditions, does not modernize production - and in the end, even at workplaces, where normal working conditions were becoming harmful or dangerous.

Guarantees and compensation for work in harmful conditions.

Working time.

Challenged Art. 92 TK RF for workers, working conditions in the workplace of which, according to the results of a special assessment, are attributed to the harmful 3rd or 4th degree or dangerous, the abbreviated working week is guaranteed - no more than 36 hours. At the same time, the duration of the working time of a particular employee is established by the employment contract on the basis of a sectoral (inter-sectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

Note.

Based on the industry (inter-sectoral) agreement and collective agreement, as well as the written consent of the employee issued by concluding a separate agreement to the employment contract, the duration of working time can be increased, but not more than 40 hours a week with a payment of an employee separately established monetary compensation In order, sizes and conditions, which are provided for by industry (inter-sectoral) agreements, collective agreements.

Additional vacation.

In accordance with Art. 117 of the Labor Code of the Russian Federation is provided with an annual additional paid vacation to workers, working conditions in the workplace of which, according to the results of special price:

• to the harmful 2nd, 3rd or 4th degree;
• to dangerous.

As you can see, this warranty is provided with a wider range of employees.

The minimum duration of the named leave is 7 calendar days and is established by the employment contract on the basis of the industry (inter-sectoral) agreement and the collective agreement, taking into account the results of the special price.

For your information.

Based on the sectoral (inter-sectoral) agreement and collective agreements, as well as the written consent of the employee, issued by concluding a separate agreement to the employment contract, part of the annual additional paid leave, which exceeds 7 calendar days, can be replaced by separately installed monetary compensation in the order, in size and under the conditions that are defined by the industry (inter-sectoral) agreement and collective agreements.

Increased wage.

This warranty is provided to all employees whose working conditions are recognized as harmful or dangerous, regardless of the harmful class. In particular, by virtue of Art. 147 of the Labor Code of the Russian Federation, the remuneration of workers employed in works with harmful and (or) hazardous working conditions is established in an increased amount. The minimum increase in 4% of the tariff rate (salary) established for various types of work with normal working conditions. The specific amounts of wages are determined by the employer, taking into account the opinion of the representative body of workers in the manner prescribed by Art. 372 TK RF for the adoption of local regulatory acts or by a collective or employment contract.

How to deal with employees?

So, if, according to the results of special projects in some workplaces, harmful production factors were identified and the class of harm was identified, it is necessary to provide employees to provide guarantees provided for by the Labor Code of the Russian Federation (see the scheme).

Question:

Professions and work on which, with special origin, harmful working conditions were identified, are not named in "harmful" lists. What to navigate when determining the size of the guarantees?

Currently, still act:

1. Lists of industries, works, professions, posts and indicators, giving the right to preferential pension provision (approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10).

2. Lists of productions, workshops, professions and positions with harmful working conditions, the work in which it gives the right to additional leave and (approved by the decision of the USSR State Protection District, the Presidium of the WCSPS from 10/25/1974 No. 298 / P-22).

These lists are applied in a part that does not contradict the Labor Code. According to the last, the employer is obliged to provide guarantees and compensation if working conditions are recognized as harmful or dangerous. Moreover, the Code does not oblige to be guided by the named lists. If professions, posts or types of work, where labor conditions are recognized as harmful, not marked in these lists, they still have guarantees and compensation to such employees. To be guided by their establishment. 92, 117 and 147 TK RF.

What documents to issue?

In order for employees to receive guarantees and compensation, a number of documents must be issued.

First, you need to acquaint workers with the results of a special assessment on their jobs under the signature within 30 calendar days from the date of the approval of the Special Procedure Report (Part 5 of Article 15 of Law No. 426-FZ).

Secondly, an order is published on the organization of the establishment of a salary allowance, additional paid leave, etc. Let us give an example.

Limited Liability Company "Rubin"

(LLC "Rubin")

Order No. 19.

on the establishment of payouts for wages
and additional paid vacation for harmful working conditions

In connection with the detection of a special assessment of the workplace of the janitor under the working conditions of harmful conditions of class 3.2

Order:

1. To appoint an extra charge to employees working janitors, in the amount of 4% of the salary accrued for the spent time.

2. Install the jannors Annual additional paid leave with a duration of 8 calendar days.

3. Accountant ORNKINA G. D. from 12.04.2017 Calculate salaries to janitor, taking into account surcharges for work in harmful working conditions.

Foundation: a report on a special assessment of working conditions of 12.04.2017.

Director of Karat E. P. Karatov

Introduced with the order:

Accountant ORNKINA, 04/12/2017

Question:

From what moment to appoint additional payments and provide other guarantees?

The date of completion of a special assessment of working conditions should be considered a date approval date. Mintrost in the letter dated March 26, 2014 No. 17-3/10 / B-1579 reported that the results of special fees are applied from the date of the statement of the report. Accordingly, warranties and compensation for those employees should be established from this date, the working places are considered harmful. For example, the results of special fees are approved on April 12. So, labor will be paid in an increased amount only from this date, and from 1 to 11 April, the surcharge will not be taken into account for harmfulness when calculating the salary.

Thirdly, it is necessary to make changes to employment contracts. Article 57 of the Labor Code of the Russian Federation as the mandatory conditions of the employment contract calls:

• working conditions in the workplace;
• guarantees and compensation for working with harmful and (or) hazardous working conditions if the employee is accepted under the appropriate conditions, indicating the characteristics of working conditions in the workplace.

To make adjustments to the Agreement, it is necessary to prepare notifications about the change in the conditions of employment contract - with information for workers that the working places are recognized as harmful, and harmful class. In addition, the notice must specify the warranty and compensation regarding this.

With those who agree to continue working in new working conditions, an additional agreement is in accordance with Art. 72 TK RF. With those who are against, will have to be guided by Art. 74 TK RF, terminate employment contracts under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, proposing first a translation on a vacant position.

On the upcoming changes to the working contract defined by the parties, as well as the reasons that caused such changes, the employer is obliged to notify the employee in writing no later than two months.

Recall that the change in the conditions of the employment contract on the initiative of the employer is allowed if for reasons related to the change in organizational or technological conditions of labor (changes in the technique and production technology, structural reorganization of production, etc.), determined by the parties the terms of the contract cannot be saved. At the same time, the labor function of the employee should not be changed.

It should be noted that the dissenters work in harmful conditions should receive two months - the notice period before dismissal - an increased fee and they are provided with other guarantees related to such work.

If, according to the results of special sections, the workplace revealed harmful working conditions, and before they were permissible or normal, employees occupying such places, it is necessary to provide guarantees and compensation provided for by labor legislation for working in harmful conditions - short-range work time, additional paid leave and Increased labor payment (depending on the harmful class) - from the date of the approval of the Special Procedure Report.

It is also necessary to adjust the terms of employment contract, changing the working conditions in it and determining warranties and compensation for a particular employee. For this issue an additional agreement. If the employee does not agree to work in harmful conditions, it is offered by the translation, and if it refuses or no vacancies - the employee is dismissed according to paragraph 7 of Part 1 of Art. 77 TK RF.

Russian legislation establishes the right of harmful production workers to receive various compensation, benefits and salary surcharges, designed partly to reimburse the health effects spent on the effects of unfavorable environment. Consider what a surcharge for harmful working conditions in 2019 is relying workers of harmful working conditions.

Classification of working conditions in the workplace

The workplace can make harm to the employee if there is a negative factor associated with production activities that penetrates directly into the body or affects the wave radiation. Health will deteriorate over time, and carelessness or trauma appears, which prevents the normal life and / or the emergence of healthy children.

Some malicious factors slightly affect the body, others have a weak impact, others significantly worsen the state of health and well-being. In this regard, the harmful working conditions are commonly divided into classes and subclasses, depending on the level of impact on a person. As a basis for evaluation, conditions are taken, while in which the employee feels good.

The state inspection on labor protection is engaged in assessment of working conditions. From what degree it will assign to one or another workplace, the size and procedure for appointing an employee of benefits, compensation and surcharges.

In total, 4 grade of malicious impact on man working conditions:

The most common 3rd class of harm is most common, and it includes many of the factors negatively affecting a person, and therefore it is divided into several subclasses:

Work in what conditions is considered harmful

Factors that are taken into account when assessing the harmfulness of working conditions are violation of the norms:

• concentrations in the air of microorganisms, bacteria, chemicals;
• light brightness;
• impact on the human body of magnetic and electric fields;
• x-ray study;
• UV radiation and IR radiation;
• vibration sound and ultrasound;
• the effects of external conditions (wind strength, temperature and humidity);
• tensions during operation leading to too high load on the central nervous system and sense organs;
• severity of work (high physical exertion).

For work in what conditions of labor is compensation

In 1974, with the aim of preserving the health of the working class, a list of professions, production, shops and posts was developed, which is now taken to be harmful to employees harmful to the health (more professions have been added to the list). From the same year, orders of surcharges were established for salaries of workers who were forced to work under the influence of the negative impact of various factors of production.

If the specialty is present in the list of highly harmful jobs, the allowance for salary is charged without prior certification.

Features of wage in harmful and dangerous production

All employees who perform official duties in harmful working conditions can qualify for the salary, if the surcharge was approved at the end of the enterprise certification before the beginning of 2014 (then the norms of mandatory damage to the harmfulness of production were relevant).

At the moment there is another law, replaced by the need for certification of the assessment of working conditions. In addition, the employers received the right not to check the enterprise for harm (except for production, requiring unscheduled inspections of the working environment), if the job assessment was carried out less than 5 years ago.

Supplement for harmful working conditions in 2019: size

The employer has the right to increase the surcharge to the salary at his discretion, provided that its size does not appear below the norms of the Labor Code.

Means for accrual Employees are deducted from the insurance deductions of the employer on the tariffs established by insurance organizations. In some subjects of the Russian Federation, there are special increased tariffs approved due to serious natural conditions.

The minimum amount of surcharges for work in harmful conditions - 4% of the salary of workers workers in normal conditions.

The amount of surcharge is calculated by the formula:

Airborne Type \u003d VN,

where the Airborne Forces is the amount of surcharge for harmfulness;

JUS - a salary of working under normal conditions;

NK is a premium coefficient.

The procedure for calculating additional payments for harmful working conditions

Assigning additional charges for labor in harmful conditions, employers should be guided by the Model Regulations on the assessment of working conditions. Next, the calculation of the allowance occurs according to the following scheme:

1. The Commission is held in order to identify the class of harm.
2. The class is transferred to the scores in the manner:
   
3. The actual duration of the negative impact of harmful factors per person is calculated.
4. The allowance for each employee is calculated separately, based on the aggregate of the factors negatively affecting it. The following indicators are taken into account:
   

How to get extra charge for harmful conditions

In case of employment, the employee must be familiar with the collective agreement and local documents containing the terms of charges of surcharge. In the prescribed manner and will be complemented - no additional actions do not need to be performed, the allowances will be paid together with the salary automatically.

In the event that the employer did not appoint additional payments, and the employee suspects that he has the right to her, or the admixture was wrongly understated, the employee has the right to apply to the Radrud office and labor inspection in the enterprise location region and submit a complaint by presenting:

• labor book with employment record.

When the surcharge for harm can be canceled

After the adoption of the new law, since 2014, the lower limit of permissible harmfulness indicators were increased, and therefore many employees lost their allowances.

In the event that the company's management takes measures to complete the elimination or decrease in the negative impact of various harmful factors of production, payout payments to salaries can be revised. If you managed to reduce the harmful effects of the working environment on the employee, the rate of surcharge can be reduced. If harm has been completely eliminated, employees lose surgery.

Legislative acts on the topic

Typical errors

Error: The employer has established the value of the supplied coefficient for harm, without discusing this issue with the Organization's union.

For employees who work in heavy and dangerous industries, the legislation of the Russian Federation provides for compensation for harmful working conditions. This is a kind of remuneration provided by the employer for the fact that his staff spoils health and risks life. For non-fulfillment of the provisions of regulatory acts, the enterprise may be entrusted with serious penalties.

According to statistics, the harmful working conditions affect about 560 thousand Russian workers. 50% of them are occupied in different fields of industry, 30% in the transport sector. Despite the benefits and compensation, 20% of these people become victims of professional diseases.

- A wide concept that includes:

• physical factors - increased atmospheric pressure, high humidity, vibration, 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 injury and damage, etc.

To assess the harmfulness of working conditions, the results of certification of jobs (implemented no later than January 1, 2014) or a special assessment of the enterprise are used. The results of verification management is obliged to report personnel within one month. Based on the submitted "Verdict", it is determined by the harm of professions and benefits, laid law.

Harmful working conditions: Benefits

According to the provisions of 426-FZ, the working conditions at the enterprise are divided into four gradations: optimal, normal, harmful and dangerous. Benefits and compensation are made by employees whose professions have fallen in the last two categories. They can claim the following benefits from the state or employer:

• surcharges to the established level of salary (at least 4% of its size);
• additional paid vacation (duration of at least one week);
• abbreviated working week (36 hours with a duration of one shift not more than 8 hours);
• free issuance of milk or fermented milk products;
• medical and prophylactic food at the enterprise;
• early retirement recipient if there is an employment experience due duration;
• getting free vouchers in the sanatorium and the pretentia;
• the issuance of overalls, disinfecting substances and other necessary consumables.

The employer has the right to independently approve the size and type of compensation, acting under the Labor Code of the Russian Federation. His right - voluntarily increase the size of benefits. The source of funds for cash payments and other "privileges" - contributions listed by the Company to extrabudgetary funds.

In some cases, compensation for work in harmful working conditions implies the possibility of replacing cash payments. For this, the employee should write an application addressed to the head of the enterprise. Monetization of benefits is often used with the free issuance of dairy products or the introduction of abbreviated working time. Other types of "privileges", for example, therapeutic nutrition, cannot be replaced by material remuneration: it is strictly prohibited by law.

The size and types of compensation are fixed by the employment contract between the employer and employees. All types of payments are exempt from income tax. Insurance contributions are not paid with them.

How are benefits and compensation for harmful working conditions?

According to the legislative standards, the procedure for establishing compensation does not depend on the size of the organization and the scope of its activities. The basis for determining the size of the benefits is the conclusions made on the basis of a special assessment of working conditions (wage). During it, controlling authorities check the hygienic conditions of personnel, the likelihood of injury and damage during the employment process.

According to the results of the assessment, the Commission assigns the production conditions for harmfulness. If they are recognized as permissible or optimal, compensation is not laid. If you are named harmful or dangerous, the employer needs to be determined which benefits and in what size staff are laid. The decision was recorded in the provisions of the collective agreement or in other local documents.

Evaluation of the harmfulness of working conditions is the direct responsibility of any employer. Her holding is carried out by two structures: Rosieta and Labor Inspection in a specific subject of the federation. An employee of any enterprise that does not receive compensation and considers it illegal, has the right to contact the authorized bodies with the requirement to check its workplace. For the appeal, only two documents are required: a written application and employment record.

At its discretion, the employer may appoint additional payments to employees. For example, he has the right to introduce payments for moral damage to representatives of dangerous professions. Supplements are optional "privileges" under legislation, and therefore they are subject to income tax on the general reasons.

How to set compensation size?

Determining the types of compensation for harmful working conditions and their size, the employer must take care and caution. Unreasonable understatement of social guarantees may be regarded by labor legislation as a serious violation. The company will be attracted to administrative responsibility - pay a large fine.

When determining benefits, the employer needs to consider the requirements of the following documents:

1. TK RF.
   • Additional cash payments should be at least 4% of the salary, preferential leave - at least seven days, the abbreviated shift should not exceed eight hours.
2. Inter-sectoral or sectoral agreements
   • For example, until March 31, 2016, an agreement was operating in the coal industry on the payment of work allowances in the amount of from 10 to 20% of the salary. If there are such agreements in the industry, the company is obliged to comply with them.
3. The opinion of the trade union
   • If the enterprise has a trade union body, the size and composition of compensation should be agreed with it.

Where are compensatory payments for harmful working conditions prescribe?

According to the provisions of the Labor Code, information about labor schedule and recreation time is reflected in the rules of the company's labor regulations. This means that privileges must be spelled out by individual points of the document: additional days of vacation and the abbreviated work week, if any in the enterprise.

Information on increased wages due to the harmfulness of production is reflected in the wage position. There you need to specify the exact percentage of the allowance to the standard salary value.

Labor legislation obliges the company-employer to reflect the features of working conditions (in particular, harm) and the envisaged benefits in the employment contract. The agreement is prescribed all types of compensation: cash payments, additional leave, medical and prophylactic nutrition, etc. Information on the benefits provided is indicated in the text of the contract (for newly employed specialists) or in an additional agreement to it (for employees who already work in the enterprise).

Procedure for providing compensation?

The Labor Code obliges the employer to pay the monetary allowance for harmfulness every month. It is installed by the company's local documents as a percentage of the salary. Supplement is reflected in the calculated sheet of a separate line.

Additional vacation is provided to employees annually and indicated in the vacation schedule on the enterprise. It is given at the same time with the next. It is important that when determining the right of an employee, it takes into account the number of non-calendar, but actually spent days. Representatives of the company summarize them, and then divide on the average number of working days in the month.

Therapeutic and prophylactic food is organized in the form of hot breakfasts that are offered by the staff before starting shifts. For individual types of industries, milk or fermented milk products are issued. In the first or second dishes are added vitamins that increase the body resistance to the body of harmful production factors.

Abbreviated working hours are necessarily reflected in the operating time accounting table. If there is a need for an employer may increase the duration of the working week for an employee, if there is his written consent. For the refusal of the benefits due to him, a specialist is worth monetary compensation.

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The Labor Code guarantees compensation for the work associated with the impact of harmful or hazardous factors. From the article you will learn how the amount of payment is determined when deviating from normal working conditions in 2019.

Read in the article:

Compensation for harmful working conditions

The Labor Code guarantees employees engaged in harmful production, certain benefits and compensation. List them:

• The increased duration of the annual calendar leave (part 1 of article 116, part 2 of Art. 117 of the Labor Code of the Russian Federation).
• Shortened working day (part 1 Art. 92, Part 2 of Art. 94 Tk RF).
• Increased wage (Art. 147 of the Labor Code of the Russian Federation).

The appointment of increased payment is possible only after a special assessment of working conditions. This is due to the fact that all guarantees on the emergence are the result of the assessment of the working places according to the law No. 426-FZ (Article 7). All jobs can be attributed to one of the four hazard classes: the optimal, permissible, harmful or dangerous one.

Supplement for work in harmful conditions is assumed only to those who work in labor conditions of 3 or 4th grade. Since the appointment of benefits causes many issues from employers, Mintrost published special explanations on the grounds for establishing compensation workers (). This document needs to be treated in difficult cases and in 2019.

Supplement for harmful working conditions in 2019

In the event that the company has changed working conditions, it is necessary to spend. According to its results, it is possible both an increase and decrease in benefits and premiums. If the employer has improved the working conditions, the benefits will be revised. But the basis for this can only be served by the fixed results of the special price. The employee's workplace can be retrained to another hazard class. For example, the enterprise modernized equipment, personal protective equipment is replaced with new, more modern, replaced materials or reagents - all these are reasons for unscheduled, and changing class UT.

If this happened, then, according to, it is necessary to conclude an additional agreement with employees, as working conditions have changed and, accordingly, payment. If an employee does not want to work on such conditions, the manual may decide unilaterally. In this case, for 2 months, the employee is notified in writing about the change in the salary due to changes in working conditions (). If, after these 2 months, consent is still not achieved, the employee is dismissed by software.

When the result is established that the conditions, on the contrary, deteriorate should be appointed new compensation (according to Art. 92, 117, 147, 219 TC).

Typical position provides such coefficients to the salaries:

Grade 3 - 4, 8, 12%

4th grade - 16, 20, 24%.

An order to establish additional payments for harmful working conditions is an internal document of the organization and must contain details adopted in the Organization:

• date, name and number of the order;
• accurate name of the organization;
• accurate name and compensation size;
• a list of employees receiving an additional charge, indicating posts and hazard class;
• signatures, print.

The order must be communicated to the chief accountant of the organization.

Consider as an example, how much will be a surcharge for harmful working conditions when working with poisons. In addition to increased salary, guarantees employees engaged in production 3 and 4 class, reduced working hours, not more than 36 hours a week.

There are age and sex restrictions for working with kernels, restrictions on the duration of the working day. Enterprise and monitor the safety of safety, provide certified personal protective equipment and overalls.

The poisons have their own classification, so each specific eradicate and working conditions with it must be considered separately. Supplements for work with poisons cannot be less than 4 or more than 24% of the salary. The amount of surcharge remains at the discretion of the management of the organization.

Who is the pension for harmful working conditions

For employees engaged in harmful production, the provision of a preferential pension is provided. Only those who worked in conditions relating to 3 and 4 classes. This list of professions is approved if there was a break in the work experience, during which the employee was busy in disreterance or was unemployed, the benefits are not provided.

So, for the recalculation of the pension, compliance with the following conditions:

• The worker was continuously engaged in manufacturing, the harmful class of which was confirmed by either on the certification of jobs.
• All necessary contributions to the Pension Fund were expelled by the employer at an increased rate.
• The profession of the employee meets the requirements of dated December 28, 2013 (PP. 1-18 p. 1 of article 30).

If the employee is a working pensioner, the surcharge to the salary is accrued in the same way as other employees.