Women's labor in harmful and dangerous jobs…. The production factor, the impact of which on an employee can lead to an occupational disease is called the Production factor, the impact of which on an employee can

To regulate the work of women apply additional rules and special restrictions (Article 251 of the Labor Code of the Russian Federation). The work of employees is limited to work with harmful or hazardous conditions labor, as well as in underground work, with the exception of non-physical work or work on sanitary and household services(Article 251 of the Labor Code of the Russian Federation).

At the same time, harmful working conditions are understood as a combination of factors of the working environment and labor process, the impact of which on the worker can lead to his illness. And under dangerous - a combination of factors that can lead to his injury (Article 209 of the Labor Code of the Russian Federation).

For women of childbearing age, a number of special contraindications have been established. For example,

the presence at the workplace of harmful and dangerous chemicals of the 1st and 2nd hazard class, pathogenic microorganisms, as well as substances with allergenic, gonadotropic, embryotropic, carcinogenic, mutagenic and teratogenic effects.

It is also prohibited to use the labor of women in work related to lifting and manually moving loads that exceed the maximum allowable norms for them. Such norms are approved by the Decree of the Government of the Russian Federation of February 6, 1993 No. 105.

When is it allowed to use the labor of women in jobs with harmful or dangerous working conditions

The employer may decide to use the labor of female employees in jobs (professions, positions) included in the List of jobs in which the work of women is prohibited, provided that safe working conditions are created at the workplace (diagram below). This must be confirmed by the results of attestation of workplaces (currently - a special assessment of working conditions) and a positive conclusion of the state examination of working conditions and the service of the State Sanitary and Epidemiological Supervision Service of the constituent entity of the Russian Federation (clause 1 of the Notes to the List of jobs where women are prohibited from working).

Safe working conditions are working conditions under which the impact on workers of harmful or hazardous production factors is excluded, or the levels of their impact do not exceed the established standards (part five of article 209 of the Labor Code of the Russian Federation). Safe working conditions include optimal and permissible working conditions (parts 2, 3 of article 14 of Law No. 426-FZ).

As an exception, the use of underground work of female labor is permitted in the positions listed in paragraph 2 of the Notes to the List of jobs in which the work of women is prohibited. These include, in particular, specialists who do not perform physical work (with a non-permanent stay underground); workers servicing stationary mechanisms and not performing other work related to physical activity; employees admitted to internships in the underground parts of organizations; scientific and educational institutions; doctors, middle and junior medical staff, barmaids and other workers engaged in sanitary and domestic services.

It is forbidden to involve women under the age of 35 in operations in crop production, animal husbandry, poultry farming and fur farming with the use of pesticides, pesticides and disinfectants (clause 419 of the List of Works where the work of women is prohibited).

Thus, a woman can work in jobs with harmful or dangerous working conditions in the event that this is not expressly prohibited by law, and also when, according to the results of a special assessment of working conditions, these conditions are recognized as safe for the use of women's labor.

We refuse employment with harmful or dangerous working conditions

Currently, dissemination of information about vacancies containing discriminatory restrictions is subject to administrative liability (Article 13.11.1 of the Code of Administrative Offenses of the Russian Federation). The employer is not entitled to post information about vacancies containing an indication of the gender of the applicant.

When an organization requires employees to work with harmful, dangerous working conditions, the employer decides whether he has the right to arrange a woman to work in such conditions. In addition, the Labor Code does not contain provisions obliging an employer to fill vacant positions immediately as they arise.

At the same time, an unreasonable refusal to conclude an employment contract is prohibited (part one, article 64 of the Labor Code of the Russian Federation). A person who is refused to conclude an employment contract has the right to require the employer to state in writing the reasons for such a refusal (parts five, six of article 64 of the Labor Code of the Russian Federation). The failed employee has the right to attach this document to his statement of claim to the court if you wish to appeal the refusal to hire

A statement on the reasons for refusing to conclude an employment contract should contain an explanation that such a denial is not discrimination in the sphere of labor, since restrictions on the rights of workers that are determined by the requirements inherent in this type of work established by federal law or are due to the state’s concern for persons will not be discrimination. who need increased social and legal protection.

If a woman is an applicant for a position included in the List of jobs in which the work of women is prohibited, but according to the results of a special assessment of working conditions (attestation of workplaces), the working conditions at this workplace were found to be harmful or dangerous, the norms of labor legislation establishing a ban on discrimination in the sphere of labor cannot be applied (Article 3 of the Labor Code of the Russian Federation). The employer has the right, but not the obligation, to decide on the use of a woman's labor in the jobs listed in the List of jobs where the work of women is prohibited, creating safe conditions labor.

However, it is not always possible to create acceptable working conditions in the workplace. There are factors of production that cannot be eliminated by modern level development of technology and labor organization. The presence of such a factor in the workplace, where the work of women is prohibited, is a sufficient and independent reason for refusing a woman to conclude an employment contract.

What to do when an employee is actually employed in work with harmful and dangerous working conditions

The results of a special assessment of working conditions can be used to make a decision on the establishment of restrictions provided for by labor legislation for certain categories of workers (clause 14, article 7 of Law No. 426-FZ). When identifying harmful or hazardous production factors in workplaces where women are employed, the employer must either create safe working conditions for female workers, or, if this is not possible, take measures to limit the work of women in such workplaces.

If, based on the results of a special assessment of working conditions, it turns out that the use of women's labor in this workplace is impossible, the employer must offer the employee another available job (corresponding to the qualifications of the employee, vacant lower paid position or lower-paid work that she can do due to her health). It is necessary to offer all the vacancies that meet the specified requirements that the employer has in the given area. The employer is obliged to offer vacancies in other areas, if this is provided for by the collective agreement, agreements, labor contract (part two of article 84 of the Labor Code of the Russian Federation).

If the woman does not give her consent to the transfer, or the employer does not have a suitable position or job, the employment contract is terminated on the grounds provided for in paragraph 11 of the first part of Article 77 Labor Code(violation of the rules for concluding an employment contract, which excludes the possibility of continuing work). In this case, the employee is paid severance pay in the amount of the average monthly salary.

Remember the main thing

– If the type of work performed is not prohibited for women at the legislative level, the employer is obliged to provide them with safe working conditions. To do this, it is necessary to take measures aimed at improving the working conditions of employees, selected based on the results of a special assessment of working conditions.

– If, based on the results of a special assessment of working conditions, it turns out that a woman’s work in a particular workplace is impossible, the employer must offer the employee a transfer to another available job (corresponding to her qualifications or lower qualifications). If there is no other job or the woman refuses to transfer, the employment contract will have to be terminated.

Document Will help you


Federal Law No. 426FZ of December 28, 2013 “On Special Assessment of Working Conditions” (hereinafter – Law No. 426-FZ)	Learn how to conduct special assessment working conditions
Decree of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”	Get acquainted with the new clarifications of the Supreme Court of the Russian Federation on the application of legislation regulating the work of women
Scroll heavy work and work with harmful or dangerous working conditions, in the performance of which the use of women's labor is prohibited, approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 162 (hereinafter referred to as the List of Works in which Women's Labor is Prohibited)	Find out in which jobs the use of women's labor is prohibited (limited)

Punishment of the innocent

Most often, disciplinary measures are applied to the employee for being late for work. If such violations are repeated repeatedly or if the employee is more than four hours late, the employer has the right to dismiss the violator.

An employee can be punished if he is guilty of a misconduct. It says so in . Therefore, the employer is obliged to obtain a written explanation of his misconduct from the violator.

In justification, the employee may refer to bad job public transport, weather and other similar circumstances which he could not foresee. Whether the reason given by the employee is valid is up to the employer to decide. And in most cases, such explanations do not satisfy him. As a result - the conflict with the worker.

If in such a situation the employer dismisses the violator for absenteeism, it is likely that the dismissed person will go to court to restore justice. Then the company will have to prove that the employee was absent without a good reason.

To prevent this from happening, you must definitely get a written explanation from him on the fact of the violation and ask him to provide evidence of his words. And in case of refusal - to issue an act about this.

An employee's refusal to give explanations about a misconduct cannot be regarded as a violation of discipline, and even more so punished for it (determination of the Supreme Court of the Russian Federation No. 47-G04-29, review judicial practice of the Supreme Court of the Russian Federation for the IV quarter of 2004 dated 09.02. 2005).

non-appearance of the employee at social events;
evasion of the employee from performing actions not related to labor duties;
the refusal of the employee to start work to which he was transferred in violation of the law;
finding an employee good reasons not at his workplace, but in the premises of another or the same workshop (department) or on the territory of an enterprise or facility where he must perform his labor functions;
removal of an employee from work by the employer.

Correctly drawn up will help to avoid a conflict with an employee. Its wording should clearly define how the employee should perform his duties. If this is not done, it will be difficult to establish whether the employee is to blame for not fulfilling his duties.

Inconsistency between the severity of the offense and the punishment

When deciding whether to punish an employee, one must take into account the severity of the misconduct committed by him. This is necessary, despite the fact that the Labor Code of the Russian Federation does not contain requirements for such a comparison.

Keep in mind, even if an employee has committed several disciplinary offenses, this is not a reason for him to be fired.

Watchman Mikhailova was reprimanded for leaving her workplace during work without warning the shift supervisor.

The worker explained her action by the need to take medicines from the first-aid kit. After some time, she called home from her workplace, thereby violating the job descriptions, which established a ban on personal telephone conversations from a business phone. At the same time, the worker explained that she called home because she was worried about the health and safety of her young daughter, who was there alone. The employer fired Mikhailova for repeated violations of labor discipline.

In response, the employee filed a complaint with the court, which found that the violations of Mikhailova's labor discipline were insignificant, and it was inappropriate to dismiss her for this.

Illegal Punishments

comment;
rebuke;
dismissal.

Other types of disciplinary sanctions can be applied only to civil servants. They are mentioned by the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service Russian Federation". It allows you to announce to a civil servant a remark, a reprimand, a warning about incomplete official compliance, dismissal from a occupied position, dismissal from civil service(Article 57 of the Law).

And the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” gives the right, as a disciplinary sanction, to deprive an employee of the badge “Honorary Worker of the Prosecutor’s Office of the Russian Federation”.

There are no such laws for commercial firms. Therefore, it is prohibited to apply penalties not listed in the Labor Code.

You should also remember about the special procedure for applying dismissal as a disciplinary sanction. You can only dismiss:

for repeated violations of labor discipline;
per gross violation labor discipline, including the head of the company and his deputies;
for an unreasonable decision taken by the head, as a result of which damage was caused to the property of the company.

However, employers often "reinvent the wheel". Here are the most common punishments that are not prescribed by law:

fine;
deprivation of the award;
warning;
censure.

Apply a fine as a form of influence on an employee labor law does not allow. Such punishment is applicable for administrative, tax and criminal offenses.

If an employer wants to punish an employee for dishonest performance of work or failure to meet the production standard, you need to use it. It allows you to reduce wages depending on the amount of work performed.

The deprivation of a bonus can be used as a form of material impact in addition to disciplinary action. To do this, it is necessary to provide in the Regulation on bonuses that the bonus is not paid to employees who have disciplinary sanctions. Then there will be no conflicts with employees.

On a note

The use of such measures as disciplinary sanctions, such as depriving an employee of percentage allowances, allowances for the special nature of work, reducing travel allowance, etc., is illegal.

If it is necessary to have an educational impact on the employee, you can declare him a reprimand or a warning.

The cashier of LLC "Palitra" Fedorova, leaving the premises for official reasons, forgot to close the cash register window several times. After another such misconduct, the director of the company issued an order in which he warned the cashier about the need to conscientiously fulfill his duties. The employee applied to the court with a request to declare the order illegal. She pointed out that the deadline for imposing a disciplinary sanction was missed, and the procedure for its application was violated for the reason that she was not required to provide a written explanation.

However, the court refused to satisfy the claim of Fedorova, as it recognized her actions as a violation job description. And the order of the employer is an assessment labor activity cashier without disciplinary action.

Punishment with violation of deadlines

A disciplinary sanction can be imposed on an employee only within a month from the moment the misconduct was discovered. For example, if the employer discovers misconduct on August 8, 2008, apply disciplinary action it can only until September 8, 2008.

Punishment in more late deadline will inevitably lead to conflicts and labor disputes. And if a violation of the law is discovered by the labor inspectorate, the manager faces a fine.

In order not to make a mistake in calculating the term, you need to remember a few important points.

First, it does not include the time during which the employee was on or on vacation. The absence of an employee from work for other reasons (for example, time off) does not increase this period.

Secondly, the day when the misconduct was discovered is the day when the head of the employee became aware of it. This is stated in paragraph 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

Employee Mikhalev was late for work. His delay was recorded by the timekeeper Sviridova. The monthly period during which a disciplinary sanction can be imposed on Mikhalev should not be calculated from the moment the timekeeper discovers the delay, but from the day when it is reported to the manager.

It must also be remembered that after six months from the date of the violation, the employee cannot be punished. The exception is cases where the violation is discovered during audit, as a result of an audit or during an audit of the financial and economic activities of the company by the tax service or other controllers. In this case, the employee can be punished no later than two years from the date of the misconduct.

Violation of the punishment procedure

When bringing an employee to disciplinary responsibility, one should not forget about collecting evidence that confirms the fact of a violation. They explain the essence of the offense, help to establish the exact date of its commission and other circumstances. It is desirable that this evidence be documented.

To prevent the employee from arguing about the evidence of a violation, you need to:

document the fact of violation of the act;
receive a written explanation from the violator;
in case of his refusal to explain the misconduct, draw up an act about this;
the employee of the company who directly discovered the violation should write a memorandum to the manager;
to the immediate supervisor to draw up a presentation in the name of the director of the company for the application of a disciplinary sanction to the violator.

In case of violation of the procedure for imposing a penalty and punishment, the court may recognize the actions of the employer as illegal.

Employee M. decided to quit Soyuz CJSC for own will. Having written a statement addressed to the head of the company, he worked for two weeks, after which he did not come to work.

The management of the company considered M.'s actions to be absenteeism and dismissed him on this basis. The employee applied to the court demanding that the dismissal be declared illegal.

The court granted his request, as it established that M. had not been requested to provide a written explanation of the reasons for his absence from work and that an act of refusing explanations had not been drawn up. That is, the employer violated the requirements of Article 192 of the Labor Code (the definition of the Moscow regional court dated May 16, 2005 No. 33-4395).

The personnel department should keep records of all violations and disciplinary sanctions against employees. True, the Labor Code prohibits entering information about disciplinary sanctions into work books, and there is no corresponding column in the personal card. Therefore, the forms and methods of accounting for disciplinary sanctions can be established independently. For example, in filing extracts from punishment orders, submissions from the immediate supervisor for the application of punishment, acts and other evidence of a committed misconduct.

It is also advisable to keep a sheet or card of rewards and penalties for each employee and keep it in the personnel department while the employee works in the company.

Suspension conflicts

The employee also bears material responsibility in the event that he spoiled the property of another company, and his employer compensated for this damage. In this case, the employee will have to compensate for the losses that his company had to bear.

Only the amount of direct actual damage can be recovered from the employee. That is, the cost of destroyed or damaged equipment, goods or other property. This also includes the costs of the employer for the acquisition of new property or the restoration of damaged property. But the employee is not responsible for the unreceived benefit.

Limited Liability

By general rule, for damage caused to the employer, the employee bears limited liability. That is, you can recover from him an amount no more than his average monthly earnings (). For example, if the seller's average monthly salary is five thousand rubles, and the amount of damage caused is 7,200 rubles, then in fact he will compensate for the damage in a limited amount, that is, in the amount of five thousand rubles.

Here are some of those cases:

the employee negligently damaged or destroyed goods, tools, company property or special clothing issued for work;
an employee of a trading company or store incorrectly stored the goods, as a result of which he caused damage to the employer;
the employee - the head of the department did not take the necessary measures to prevent downtime or theft of the company's property;
the employer paid a fine for the fact that his employee-salesman did not use a cash register during work.

Claiming damages in full or in excess of the average monthly earnings in all these cases is illegal and can lead to conflict.

Full liability

The employee must fully compensate for the damage only if:

when he intentionally caused damage;
when he caused damage while in a state of alcoholic, narcotic or toxic intoxication;
when he committed a crime, and there is a court sentence against him (for example, the seller was convicted of stealing several bottles of perfume);
when he did administrative offense(for example, a store loader broke a shop window out of hooligan motives);
when he caused damage without fulfilling his labor duties;
when there is a shortage of money or goods.

These bases are listed in .

In addition, the employee is obliged to fully compensate for the damage if he was responsible for the property by a special one-time written order of the employer.

If an agreement on full material individual (collective) liability has been concluded with an employee, compensation for damage can only be claimed for a shortage of property. If the property was damaged due to a violation of the storage period, the employee will be responsible only within his average monthly salary ().

On a note

Conclude a written agreement with the employee on the full liability it is possible if he holds a position or performs work indicated in a special list.

This is the List of positions and works substituted or performed by employees with whom the employer may enter into written contracts on full individual liability for the shortage of entrusted property (approved by the Decree of the Ministry of Socialist Labor of Russia dated December 31, 2002 No. 85).

Such employees include, for example:

cashiers, controllers, cashier-controllers;
employees who conduct cash transactions when servicing ATMs;
collectors;
managers and other managers of warehouses, pantries;
forwarders.

In order to avoid misunderstandings, it is advisable to indicate the limits of their liability with employees who occupy the positions listed in the list. If this is not done, you need to conclude a separate agreement on full liability.

An employee's refusal to sign such an agreement is considered a violation of labor discipline. But it is possible to declare him a disciplinary sanction only if two conditions are met:

responsibility for the maintenance of material assets - the main labor function employee, and this is specified in the employment contract;
the employee knew that an agreement on full liability could be concluded with him.

If the employee refuses to conclude an agreement on full liability, he can be fired due to: “the employee’s refusal to continue working due to a change essential conditions agreements." This is the position of the Plenum of the Supreme Court of the Russian Federation (Decree of March 17, 2004 No. 2).

Another important point. An employee under the age of 18 can be brought to full liability only if the property of the company is damaged:

intentionally;
in a state of alcoholic, narcotic or toxic intoxication;
as a result of a crime or administrative offense.

However, the employer can forgive the employee for the damage he caused, or demand compensation for only part of it. It's possible:

if the amount of damage is small;
if the employee has proven himself during work only on the positive side;
if the delinquent worker has a large family, it is difficult financial situation, sick close relatives, etc.

However, it should be borne in mind that the right of the employer to forgive the employee for the damage caused to the company may be limited by the owner of the property of the company or such a restriction may be written in the company's charter.

Compensation for damage

To bring the employee to liability, you need to correctly calculate the amount of damage caused to him. Find out if he is to blame for damage to property or shortage, whether there is a causal relationship between the actions of the employee and damage to property.

This requires an internal audit, and sometimes an administrative or criminal investigation.

The inspection involves an inventory of goods or other property. It is carried out by a special commission, created by order of the head of the company. The employee must write an explanation and indicate in it how he caused the damage.

There are two ways to recover damages from the perpetrator:

by order of the head of the company;
By the tribunal's decision.

The first method is used if the amount of damage does not exceed the size of the average monthly earnings of the culprit. If the amount of damage is greater, the manager must issue an order for the recovery of damages and offer the employee to compensate him in voluntary. The order must be issued no later than one month from the day when the final amount of damage is determined.

The amount of damage caused is determined by actual losses. The calculation must be done based on the market value of the property in the area on the day the damage was caused. In this case, the degree of its wear should be taken into account. This procedure is established by Article 246 of the Labor Code.

So, the procedure for recovering the amount of damage from the employee includes the following steps:

detection of damage and drawing up an act;
sending a memorandum to the head about the occurrence of damage;
issuance of an order for an audit and;
issuing an order to conduct an internal investigation;
obtaining written explanations from the employee;
filing a complaint with the police if the manager believes that an administrative or criminal offense has been committed;
issuance of an order imposing liability on the perpetrator;
sending a written notice to the employee with a proposal to compensate for the damage voluntarily;
issuance of an order to bring the perpetrator to disciplinary responsibility and familiarize the employee with it against signature.

If the employee does not agree to voluntarily compensate for damages in excess of his average monthly earnings, or the manager did not have time to issue the necessary order, he will have to go to court.

When an employee is not liable for damages

The employee is not liable for damage if the employer has not provided the necessary conditions storage of property entrusted to the employee. For example, he did not order to install a burglar alarm in a warehouse.

He shall not be held liable even if the damage was caused due to force majeure, as a result of normal economic risk, extreme necessity or necessary defense.

During the audit at the warehouse of Sever LLC, a shortage of goods was revealed. The head of the company demanded that the storekeeper compensate for the damage. The employee did not agree with the demand and went to court.

During the trial, it turned out that the warehouse was not originally intended for the storage of material assets. The warehouse was adjacent to other premises of the company. Its walls were not brought up to the ceiling, and the remaining space was fenced with a chain-link mesh. In addition, a spare key to the warehouse was kept by the warehouse manager, who was not a financially responsible person.

The court came to the conclusion that the employer did not provide the necessary security for the premises, so the storekeeper could not properly fulfill her obligations to preserve the property. On this basis, the claim of the employee was satisfied.

Financial responsibility of the head

For example, the manager abused the right to dispose of the company's property, committed big deal that violated her interests.

If he broke or spoiled any property of the company, he will be responsible only within the limits of his average monthly earnings. However, full liability in this case can be provided for in the employment contract.

Note: it is not required to conclude a special agreement on full liability with the head.

Conflicts due to changes in working conditions

The law highlights the mandatory and additional terms of the employment contract. The first in any case should be registered in it. The latter can be included in the contract at the request of the parties. However, if additional conditions were specified in the contract, they become equal in force with the mandatory ones and acquire the same status as “determined by the parties” with them.

When entering a job, a person expects that the terms of the employment contract determined by the parties will not be changed without his consent (especially since Article 72 of the Labor Code of the Russian Federation expressly prohibits this).

An employer's decision to change at least one of them can cause serious employee dissatisfaction. And so that it does not develop into a litigation, you need to know what requirements of the law must be followed.

It is possible to change the terms of an employment contract without the consent of the employee only for reasons related to organizational or technological measures. It says so in .

The Plenum of the Supreme Court of the Russian Federation, in its resolution of March 17, 2004 No. 2, explained that organizational and technological measures should be understood as:

changes in engineering and production technology;
improvement of workplaces on the basis of their certification;
structural reorganization of production, etc.

The most common reasons for changing working conditions and, as a result, transferring employees to another job are:

reconstruction of production;
supply disruptions;
upgrading or other change in technology;
relocation of the enterprise to another location.

In any case, these changes should not worsen the position of the employee compared to the terms of the collective labor agreement (if any) or the working conditions at the time of the changes.

On a note

It is impossible to carry out reorganization measures specifically to change the essential working conditions of employees.

An employee must be notified in writing about upcoming changes in working conditions two months in advance. This obligation will be considered fulfilled if the employee:

personally wrote a statement of agreement with the proposed changes;
signed the order or instruction of the employer to change the essential working conditions.

Instead of a handwritten statement, you can prepare a written proposal on behalf of the employer to change working conditions with the stamp: “I agree with the translation” and a place for the employee’s signature. It is advisable to draw up the document in two copies signed by the employer and the head of the personnel department. But the employee must set the date of drawing up the document or familiarizing himself with it with his own hand.

Only the written consent of the employee with the upcoming changes can serve as the basis for issuing an order for their introduction.

If the employee refused to sign the notice, an act must be drawn up about this. Subsequently, if a dispute arises with the employee, it will serve as evidence of his timely warning about the upcoming changes.

An employee who refused to work under the new conditions must be offered any other vacant position available in the firm. At the same time, it is important to take into account his qualifications and state of health (so that he can perform the proposed work). If the company does not have a vacancy that matches the qualifications of the employee, you need to offer any less qualified and lower paid job.

The offer must be made in writing. Then, in the event of a dispute, the employee will not be able to deny that it actually came.

Head of planning and economic department unitary enterprise"OKB PT" Bulatova was reduced official salary. At the same time, the employer did not notify the employee of the upcoming changes, did not receive her written consent to work on the new conditions. Subsequently, she was fired under paragraph 12 of Article 81 of the Labor Code of the Russian Federation: "termination of access to state secrets." Bulatova did not agree with the decision and went to court demanding that she be reinstated at work, that the reduction in salary be declared illegal, and that unpaid wages be recovered from the employer. wages, bonuses, remuneration, compensation for forced absenteeism and moral damage. The court recognized the actions of the head of OKB GP as illegal and satisfied the requirements of the employee in full (determination of the Supreme Court of the Russian Federation of April 13, 2004 No. 35-Г04-5).

If a suitable job no, or the employee refused the proposals received, he can be dismissed by: "the employee's refusal to continue working due to a change in the essential terms of the employment contract." However, he does not need to pay.

Sometimes, due to changes in organizational or technological working conditions, the enterprise introduces a part-time mode. In this case, the employee has to work in new conditions. If he refuses to work in the new regime, he can be fired for: "reducing the number or staff of the organization's employees."

note

You can enter part-time work for a period not exceeding six months.

If an employee is transferred to another job without his consent, he has the right not to start its implementation. This will not be considered absenteeism. If he started to work, this does not mean automatic recognition of the legality of the translation. The employee retains the right to appeal the employer's decision to labor inspection or court.

Conflicts related to reimbursement of travel expenses

Unfair, from the point of view of the worker, compensation travel expenses can lead to serious conflict.

To avoid it, you need to remember that the Labor Code establishes the obligations of the company to pay:

travel expenses to the place of business trip and back;
expenses for renting a dwelling;
per diem in the amount established in the employment contract;
other expenses related to the business trip (visa fee, telephone conversations, booking tickets and accommodation, etc.).

Usually, before leaving on a business trip, the company gives the employee an advance. After returning, within three days, the employee must submit to the accounting department a financial report and documents confirming his expenses.

If the employee spent less money than he was given for a business trip, he must hand over the balance to the cashier. If more money is spent and this is confirmed by documents, the company is obliged to reimburse the overspending.

The company is obliged to reimburse in full:

transport ticket price common use;
payment for the ticket reservation;
payment for the use of bed linen on trains;
the cost of travel by public transport to the station, pier or airport, if the landing place is outside the city;
the amount of insurance for passengers on transport.

The company is obliged to pay the expenses of the employee for renting accommodation on a business trip, as well as reimburse the costs of paying additional services provided by the hotel, which are included in the cost of living. The exception is service services in a bar, restaurant or room and expenses for the use of recreational and health facilities (pool, sauna, gym etc.). The basis for the reimbursement of expenses are invoices, invoices, cash receipts or forms strict accountability hotels. To pay, one of these documents is sufficient (decree of the Federal Antimonopoly Service of the West Siberian District of June 11, 2003 in case No. F04 / 2539-461 / A70-2003).

Daily allowance is paid to a posted worker for each day on a business trip, including weekends and holidays, as well as for all days on the road (including the day of departure and the day of arrival). The amount of daily allowance paid to employees sent on a business trip is established by a collective agreement or a local regulatory act (for example, by order of the head).

An employee of Passiv LLC Somov A.S. from September 9 to September 11 of the current year (3 days) is sent to business trip. By order of the head of Passiv LLC, the daily allowance for business trips across Russia is 1,500 rubles. per day.

The accountant of Passive LLC must issue a daily allowance to A. S. Somov in the amount of:

1500 rub./day H 3 days = 4500 rubles.

When sending an employee on a business trip to the area, from where he can return to his office every day permanent place residence, daily allowance is not paid. It is advisable to give money for the payment of daily allowance to the employee in advance based on the estimated number of days of the business trip. The day of departure and arrival are considered days of the business trip, so per diem is also charged for these days.

Keep in mind: if vehicle leaves before 24:00 inclusive, the day of departure is considered the current day, and if later - the next. But when the station or airport is located outside the settlement, the time required to travel to this object is taken into account.

Money for a business trip is given to the employee under the report before the trip. However, expenses are recognized when they are actually incurred and paid for. At the moment when the money is given to the employee for a business trip under the report, the expenses have not yet been made and the employee is indebted. In addition, the firm does not yet have documents confirming the expenses. And only after the employee submits an advance report, attaching supporting documents to it, and the manager approves it, the costs can be recognized for tax purposes.

The employee must report for the money issued against the report no later than three working days after he returns from the trip (clause 6.3 of the Instruction of the Bank of Russia dated March 11, 2014 “On the procedure for maintaining cash transactions legal entities and simplified procedure for conducting cash transactions individual entrepreneurs and small businesses). If the employee has an overexpenditure compared to the amount of the previously issued advance, then the travel expenses will be recognized as expenses after the employee is reimbursed for the amount of the overexpenditure.

Conflicts over salary

payroll system commercial firm installs on its own. It must be fixed in a collective agreement, Regulations on wages or in an employment contract with a specific employee.

If the enterprise is financed from the state budget, the wage system is established by law. For example, the Federal Law of February 4, 1999 No. 22-FZ "On the remuneration of employees of federal state institutions."

A conflict between an employee and an employer occurs, as a rule, if:

the employer delays the payment of wages;
the employee has not been paid or withdrawn allowances;
the system of remuneration has changed;
no indexing;
salary is paid in kind;
do not make additional payments (for night, overtime, holidays).

Basic principles of organization of working time

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Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee.

A harmful production factor is a production factor, the impact of which on an employee can lead to his illness.

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Safe working conditions - working conditions under which the impact on workers of harmful and (or) dangerous production factors is excluded or the levels of their impact do not exceed the established standards.

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Means of individual and collective protection of workers — technical means used to prevent or reduce exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution.

The labor protection management system is a complex of interrelated and interacting elements that establish the policy and goals in the field of labor protection for a particular employer and procedures for achieving these goals. The model regulation on the labor protection management system is approved federal body executive power which performs the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Production activity is a set of actions of workers using the means of labor necessary to transform resources into finished products including production and processing various kinds raw materials, construction, provision of various types of services.

Occupational safety requirements - state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection.

State examination of working conditions - assessment of the compliance of the object of examination with state regulatory requirements for labor protection.

Occupational safety standards are rules, procedures, criteria and standards aimed at preserving the life and health of employees in the course of their work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection.

Occupational risk - the probability of causing harm to health as a result of exposure to harmful and (or) hazardous production factors in the performance of duties by an employee employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Occupational risk management is a set of interrelated activities that are elements of the labor protection management system and include measures to identify, assess and reduce the levels of occupational risks.

Commentary on Art. 209 of the Labor Code of the Russian Federation

1. The basic concepts in the field of labor protection given in this article contribute to the correct and uniform application of fundamental norms labor law in protecting the legitimate rights and interests of the parties to the employment contract.

2. When formulating these concepts, the provisions of the relevant international legal acts were taken into account, in particular the ILO Convention No. 155 “On Safety and Health at Work and the Working Environment” (1981), as well as other acts.

Second commentary on Article 209 of the Labor Code

1. Section X (chapters 33 - 36) of the Labor Code of the Russian Federation combines the norms of the labor protection institute. It is one of the most important institutions of labor law, providing safe and healthy working conditions. In the commented article of the Code, the main concepts of this institution are fixed: “labor protection”, “working conditions”, “harmful production factor”, “hazardous production factor”, “safe working conditions”, “workplace”, “means of individual and collective protection of workers ”, “certificate of conformity of work on labor protection (safety certificate)”, “production activity”.

Occupational safety is a system for preserving the life and health of an employee in the course of labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

So, labor protection is the creation of healthy and safe working conditions by various means. Depending on the latter, labor protection is distinguished in a broad and narrow sense. In a broad sense, labor protection is a system of measures to preserve the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures. This concept of protection was enshrined in Art. 1 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" dated July 17, 1999 (SZ RF. 1999. N 29. Art. 3702) (hereinafter - the Law on Labor Protection) and Art. 209 of the Labor Code of the Russian Federation. It has now expired.

In a narrow sense, labor protection is a set of measures in the following areas: legal, economic, organizational and technical (safety of equipment, means of production), treatment and prevention, etc. Therefore, certain areas of labor protection are studied in the relevant universities. In law schools, the emphasis is on the legal institution of labor protection as a system legal regulations, ensuring health and safe working conditions, enshrined in the specified Law on labor protection and in chapters 33 - 36, 41, 42 and, as well as in other laws and regulations, in collective agreements and agreements.

But only labor protection in its broadest sense can provide healthy and safe working conditions. If at least some of its components (i.e., the labor protection component in the narrow sense) are not properly ensured, the entire labor protection system is practically not ensured. So, if machines, equipment, tools, machines (technical components) are unsafe for the life and health of workers, accidents are inevitable, industrial injuries, which, by the way, have increased significantly in recent years due to wear and tear of equipment.

If a legal aspect labor protection is violated, the entire labor protection system is also violated. The same happens in case of violation of its socio-economic or medical components. Consequently, comprehensive labor protection will be ensured only when all its components in the broadest sense are observed.

2. Section X of the Labor Code of the Russian Federation in accordance with Art. 37 of the Constitution of the Russian Federation is aimed at preserving the life and health of workers in the process of their work. They fixed the main directions (principles) of the state policy in the field of labor protection, public administration labor protection, the right of workers to labor protection and its guarantees, measures to ensure labor protection. For special rules on labor protection for women, minors and persons with family responsibilities, see comments to chapters 41, 42, 57 of the Labor Code of the Russian Federation, as well as the Federal Law "On Compulsory social insurance from accidents at work and occupational diseases” dated July 2, 1998.

3. Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee. They can be normal, severe, harmful, dangerous to the life and health of workers. These factors of production are a component (constituent) general conditions labor, about which the employee agrees with the employer, i.e. his working time, rest time, including all types of holidays, wages and other conditions.

4. The impact of a harmful production factor can lead to an employee's illness, and an occupational disease at that. For example, in a miner, these are different forms of silicosis, when the lungs are filled with coal dust.

5. Hazardous production factor, affecting the worker, can injure him. It is especially manifested in blasting, the work of firefighters, steeplejacks, divers, etc.

6. Article 209 of the Labor Code of the Russian Federation gives the concept of safe working conditions. These are the conditions under which the impact on the employee of harmful and (or) hazardous production factors is excluded or the level of their impact does not exceed the established standards. Therefore, in the usual industrial practice they are called normal working conditions, as was recorded in the Labor Code.

7. The workplace is the place where the employee performs or must perform his work in the overall labor process, which is directly or indirectly under the control of the employer or representatives of his administration, immediate supervisors of the work.

8. Personal and collective protective equipment is designed to prevent or reduce the impact on the employee of harmful and (or) hazardous production factors (gas masks, respirators, goggles, masks, etc.), as well as to protect against pollution (overalls, soap and etc.).

9. A safety certificate is a document certifying the compliance of the labor protection work carried out in the organization with the established state regulatory requirements. Each production must have a safety certificate.

New and reconstructed production facilities and means of production cannot be accepted into operation if they do not have a safety certificate issued in the prescribed manner. At operating enterprises, in accordance with the Certification Regulations, an appropriate safety certificate is issued (parts 3 and 4 of article 11 of the Labor Protection Law).

10. The new edition of the commented article has changed the name of the certificate of conformity of work on labor protection (safety certificate). Now it is called a “certificate of compliance with the organization of work on labor protection” and is a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection.

11. Art. 209 in new edition introduces such new concepts of the institute of labor protection as:

a) "requirements for labor protection" - state regulatory requirements for labor protection, established by the rules and instructions for labor protection;

b) "state examination of working conditions" - assessment of the compliance of the object of examination with state regulatory requirements for labor protection;

c) "attestation of workplaces in terms of working conditions" - assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

The federal executive body, which carries out the functions of developing state policy and legal regulation in the field of labor, establishes the procedure for attesting workplaces.

Article 209 of the Labor Code of the Russian Federation with comments and changes in 2019-2020.

Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee.

Harmful production factor - a production factor, the impact of which on an employee can lead to his illness.

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Safe working conditions - working conditions under which the impact on workers of harmful and (or) hazardous production factors is excluded or the levels of their impact do not exceed the established standards.

Workplace - the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) dangerous production factors, as well as to protect against pollution.

The labor protection management system is a complex of interrelated and interacting elements that establish the policy and goals in the field of labor protection for a particular employer and procedures for achieving these goals. The model regulation on the labor protection management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Production activity - a set of actions of workers using the means of labor necessary to turn resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

Labor protection requirements - state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection.

State examination of working conditions - assessment of the compliance of the object of examination with state regulatory requirements for labor protection.

Occupational safety standards - rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection.

Occupational risk - the probability of causing harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Commentary on article 209 of the Labor Code of the Russian Federation:

1. Opening the section of the Labor Code "Labor Protection", the commented article consolidates the content of the basic concepts used in the process of ensuring safe working conditions for workers, and thereby serves for the correct understanding and application of the legal norms included in the named section.

Thus, the definition in the Labor Code of the concept of "labor protection" as a system for preserving the life and health of workers in the course of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures, gives an idea of this sphere as a multifaceted activity of the state and employers aimed at protecting the life and health of workers in the process of work and in connection with it. In addition, the above definition allows us to consider labor protection not only as a system of measures mediated by law and, therefore, supported by an appropriate mechanism for ensuring, but also as a system of organizational actions of managers that allow us to quickly resolve labor protection issues that arise in the course of production activities.

2. The presence of basic concepts in Article 209 of the Labor Code of the Russian Federation does not exclude, however, the need to use also other normative acts that reveal the content of these basic concepts.

For example, working conditions are defined as a combination of factors of the working environment and the labor process that affect the performance and health of an employee. The content of this concept will become clearer if we turn to the Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions. R2.2.2006-05, approved. Chief State Sanitary Doctor of the Russian Federation on July 29, 2005, where the factors of the labor process are revealed through the severity and intensity of labor.

The severity of labor is a characteristic of the labor process, reflecting the predominant load on the musculoskeletal system and functional systems of the body (cardiovascular, respiratory, etc.) that ensure its activity. The severity of labor is characterized by physical dynamic load, the mass of the load being lifted and moved, total number stereotyped working movements, the magnitude of the static load, the nature of the working posture, the depth and frequency of the inclination of the body, movements in space.

Labor intensity is a characteristic of the labor process, reflecting the load mainly on the central nervous system, sense organs, emotional sphere of the worker.

Efficiency - a state of a person, determined by the possibility of the physiological and mental functions of the body, which characterizes his ability to perform a certain amount of work of a given quality for the required time interval (see Basic concepts used in the Guide: section 3 of the Guide).

The use by the employer of the concept of "working conditions", taking into account the characteristics enshrined in the Guidelines, will to a greater extent orient him both to the elimination of harmful production factors and to streamlining the work process of employees in terms of severity and intensity.

3. federal law dated June 30, 2006 N 90-FZ, Article 209 of the Labor Code of the Russian Federation was supplemented with such basic concepts as "labor protection requirements", "state examination of working conditions" and "attestation of workplaces for working conditions", which will contribute to a better understanding of Art. Art. 211, 212, 215 and 216.1 of the Labor Code, etc.

Harmful production factors are unfavorable factors of the labor process or conditions environment which may have a detrimental effect on human health and performance. Prolonged exposure to a harmful production factor leads to disease.

In accordance with the standard "GOST 12.1.0.003-74 SSBT.

Korea Morea

Ensuring labor protection is the basis of a highly productive and creative activity employees of enterprises of various forms of ownership.

Sanitary and hygienic measures consist in carrying out work aimed at reducing hazards in order to prevent occupational diseases. Treatment and preventive measures include the organization of primary and periodic medical examinations, organization of therapeutic and preventive nutrition, etc.

Orientation legal regulation labor protection is defined by Art.

Occupational disease disease caused by a number of occupational factors

Occupational disease disease caused by a number of occupational factors Occupational disease – separate view diseases that can be caused by the action of unfavorable professional, as well as diseases in the development of which a connection was established between the influence of a factor of an industrial and professional nature. Occupational diseases are noted in the lists that were approved by the USSR Ministry of Health, this is the main document, the use of which allows you to establish a diagnosis of an occupational disease in relation to a specific job or profession.

A production factor that can lead to injury At enterprises during the operation of equipment and the performance technological processes workers may be in hazardous areas. Hazardous production is such a factor, the impact of which on the employee during certain conditions leads to injury or severe deterioration of health. factors (moving machines and mechanisms, moving parts of equipment, etc.)

A special case of occupational disease is poisoning.

Production factor For the convenience of studying the material, the article is divided into topics: - thermal: temperature (high, low), humidity, air velocity, thermal radiation; — electromagnetic fields and radiation; - industrial noise, ultrasound, infrasound; - lighting - natural (absence or insufficiency), artificial (insufficient illumination, direct and reflected glare, pulsation of illumination)

Hazardous and harmful production A hazardous factor (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to injury or to another sudden sharp deterioration in health.

Injury is damage to the tissues of the body and a violation of its functions by external influences.

an injury is the result of an accident at work, which is understood as cases of the impact of the OPF on the worker in the performance of his job duties or tasks of the work manager.

The production factor, the impact of which on an employee can lead to an occupational disease is called

/ 2 year / BC / Production factors 2. Medical workers in their work are exposed to a complex of various adverse factors, in particular physical ones (ionizing and non-ionizing radiation, ultrasound, laser radiation, noise, vibration, etc.); chemical (highly active medications, chemical substances and disinfectants) biological (pathogenic microorganisms); neuro-emotional (intellectual and emotional stress, shift work, often with a lack of time and in extreme situations); ergonomic (work in a forced position and when operating ergonomically inadequate equipment).

Definition of the terms "hazardous production factor", "harmful production factor", "safe working conditions"

. Harmful production (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to illness or reduced ability to work.

Diseases that occur under the influence of harmful factors are called occupational diseases.