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The production factor whose impact on the employee can. Test: Production factor, the impact of which on the worker can

Rostrud could safely answer “yes” to the question posed.

After all, part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for a fine for improper execution of an employment contract. What exactly is meant by this is not specified in the norm. This gives reason to interpret it literally: any deviation from the norms of the Labor Code of the Russian Federation regulating the content of an employment contract makes it improperly executed.

Therefore, if such a contract includes a condition that should not be in it, then this contract is executed improperly.

This conclusion is confirmed in judicial practice. For example, in labor contract it is said that vacation pay is paid one day before the start of the vacation, although according to the code it is supposed to be 3 days in advance (Decision of the St. A similar case is the Decision of the Tambov Regional Court of 01/10/2018 7-15/2018 (7-571 (2)/2017).

At the same time, we note that more often Labour Inspectorate draws attention to the terms of the contract, which should be in it and, according to the specified norm, fines for their absence, for example:

  • the employee's signature is missing (Decision of the Moscow City Court dated July 10, 2018 7-8297 / 2018);
  • the working conditions at the workplace are not indicated (Decision of the Moscow City Court of February 26, 2018 7-3044/2018, 7-1214/2018, 7-1215/2018);
  • the reasons why the agreement was signed for a limited period (one, two, three, five, and so on) are not indicated (Decision of the Moscow City Court dated 06/14/2018 7-7047 / 2018).
  • PART THREE
  • PART FOUR
    • Section XII. FEATURES OF LABOR REGULATION OF CERTAIN CATEGORIES OF EMPLOYEES
      • Chapter 40. GENERAL PROVISIONS
      • Chapter 41
      • Chapter 42
      • Chapter 43
      • Chapter 44
      • Chapter 45
      • Chapter 46
      • Chapter 47
      • Chapter 48
      • Chapter 48.1. PECULIARITIES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, RELATED TO MICRO-ENTERPRISES (introduced by Federal Law of 03.07.2016 N 348-FZ)
      • Chapter 49
      • Chapter 49.1. FEATURES OF REGULATION OF THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
      • Chapter 50
      • Chapter 50.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law No. 409-FZ of December 1, 2014)
      • Chapter 51
      • Chapter 51.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by Federal Law No. 353-FZ of November 30, 2011)
      • Chapter 52
      • CHAPTER 52.1. PECULIARITIES OF REGULATION OF THE LABOR OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS AND THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
      • Chapter 53.1. PECULIARITIES OF REGULATION OF THE LABOR OF EMPLOYEES SENT TEMPORARYLY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE LABOR AGREEMENT FOR EMPLOYEES (STAFF) (introduced by Federal Law No. 116-FZ of 05.05.2014)
      • Chapter 54
      • Chapter 54.1. PECULIARITIES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
      • Chapter 55
  • PART FIVE
  • PART SIX

    • Article 209 of the Labor Code of the Russian Federation. Basic concepts

    Occupational safety - a system for preserving the life and health of workers in the process labor activity, which includes 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.

    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) 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. model provision 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 production and processing various kinds raw materials, construction, 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 rules and regulations on 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 likelihood of harm to health as a result of exposure to harmful and (or) dangerous 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 levels of occupational risks.

    Newly created workplace

    According to article 209 of the Labor Code of the Russian Federation workplace- this is the territory (place) where the employee is obliged to work or where he must arrive in connection with his work. It must be controlled by the employer directly or indirectly. A newly created workplace is a place where an employee has begun to perform work functions that were not previously performed by anyone. The new workplace needs to be put into operation in order to be able to assess the new working conditions directly during the process. The moment of commissioning a newly created place is considered to be the start of the production process on it. For example, a new driver's workplace will be put into operation at the moment when he starts working behind the wheel vehicle, which was previously not managed by anyone at this enterprise.

    Various working conditions

    Article 209 of the Labor Code of the Russian Federation in part 2 defines the term “working conditions”. This is a combination of environmental and work process factors that generally affects the health, well-being and performance of a person. That is, a lot depends on working conditions, and, most importantly, the very efficiency of work. Labor conditions pass special assessment(SOUT) and in accordance with it are divided into types. Information about what SOUT is and what conditions are contained in Federal Law No. 426 dated 12/28/13. SOUT is a set of measures to identify the influence of harmful and dangerous factors on the work process. Such monitoring makes it possible to minimize the possibility of unfavorable conditions, and, if they are detected, to assign appropriate compensation to employees. There is also a definition of “state examination of working conditions”. It is also contained in Article 209 of the Labor Code of the Russian Federation and implies compliance with the working conditions of the state. safety and labor protection requirements. However, SOUT and state. expertise is a different concept. Specialist. Evaluation must be carried out by all organizations without exception once every 5 years. There are no exceptions for small businesses. Even if the company has only two employees, SOUT must be carried out. Let us return to the varieties of working conditions, which differ in the degree of harmfulness or danger. Federal Law No. 426 distinguishes 4 classes of labor conditions (TU) according to this criterion. Moreover, the 3rd class is further subdivided into subclasses. So, there are TU:

    1. optimal - with them there are no negative factors or it does not exceed the normative levels accepted as safe;
    2. permissible - with them there is an influence of negative factors, but their level does not exceed the standards, and the employee's body can recover by the beginning of the next shift;
    3. harmful - with them the negative impact exceeds the standard level;
    4. dangerous - with them, the employee is affected by negative factors throughout the working day, and the consequences of exposure entail a threat to life and the risk of occupational diseases.
    Harmful conditions (class 3) are divided into subclasses in connection with the degree of harmfulness:
    • 1st degree - after the action of negative factors, the state of the employee's body returns to normal longer than necessary in time (i.e. usually does not have time to recover before the start of the next shift);
    • 2nd degree - the action of negative factors can lead to persistent funkts. changes in the body, causing the development of the initial forms of prof. diseases of mild severity after 15 years or more;
    • 3rd degree - negative factors may lead to the development of prof. diseases of mild and moderate severity with the loss of narrow disability during the period of work;
    • 4th degree - negative factors can lead to severe forms of prof. diseases with loss of general ability to work during the period of work.

    Issuance of milk “for harmfulness”

    According to part 3 of article 209 of the Labor Code of the Russian Federation, harmful production. factor is a negative factor, the action of which can cause an employee to become ill. These are, for example, chemical, biological, physical factors. It is well known that in some industries workers are given milk “for harmfulness”. This happens for a reason and legally justified. The obligation to issue milk or products equivalent to it to citizens employed in harmful production, article 222 of the Labor Code of the Russian Federation is fixed. The Ministry of Health approved a whole list harmful factors, under the influence of which in production it is recommended to use milk and other products equivalent in terms of the presence of trace elements. There are also rules and conditions for the free distribution of dairy products to employees, also developed by the Ministry of Health. If labor or call. the contract allows, then the delivery of milk can be replaced by a cash payment equal to the value of the dairy products.

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

    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.

    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) 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 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 safety instructions.

    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 likelihood of 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.

    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 levels of occupational risks.

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

    1. Opening a section 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 thus serves for the correct understanding and application legal regulations included in this 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, however, exclude 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, the total number of stereotyped working movements, the magnitude of the static load, the nature of the working posture, the depth and frequency of the body tilt, and movements in space.

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

    Efficiency - a state of a person, determined by the possibility of 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 Manual, 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 tension.

    3. Federal Law No. 90-FZ of June 30, 2006, 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.

    Which is carried out in a space called the production environment.

    In the production environment, objectively add up, negatively affecting a person in the process of his life

    Harmful production factor- a production factor, the impact of which on an employee can lead to his illness (unfavorable microclimate, elevated level, poor lighting, unfavorable aeroionic composition of the air).

    Hazardous production factor- a production factor, the impact of which on an employee can lead to his injury (height, fire, electricity, moving objects, explosion).

    Harmful and dangerous factors are divided into physical, chemical, biological and psychophysiological.

    Physical factors- moving machines and mechanisms, increased levels of noise and vibration, electromagnetic and ionizing radiation, insufficient lighting, increased levels of static electricity, increased voltage in the electrical circuit, etc.

    Chemical Factors- substances and compounds that are different in their aggregate state and have toxic, irritating, carcinogenic and mutagenic effects on the human body and affect its reproductive function.

    Biological factors- pathogenic microorganisms (bacteria, viruses, rickettsiae, spirochetes) and their metabolic products, as well as animals and plants.

    Psychophysiological factors- factors of the labor process. These include physical (static and dynamic overloads) and neuropsychic overloads (mental overstrain, overstrain of analyzers, monotony of work, emotional overloads).

    Harmful production factors can lead to a decrease in working capacity and occupational diseases, dangerous factors - to industrial injuries and accidents at work.

    Ensuring labor protection— the basis of high-performance and creative activity employees of enterprises of various forms of ownership. The problems of labor protection are versatile and multifaceted, affecting many aspects of life and work labor collectives, organization of production and labor, organization of production management, etc.

    In order to ensure compliance with labor protection requirements, to monitor their implementation, each employer who exercises production activities If the number of employees exceeds 50, a labor protection service is created or the position of a labor protection specialist with appropriate training or experience in this field is introduced.

    The employer, the number of employees of which does not exceed 50 people, decides on the creation of a labor protection service or the introduction of the position of a labor protection specialist, taking into account the specifics of his production activity.

    If the employer does not have a labor protection service, a full-time labor protection specialist, their functions are carried out by the employer - individual entrepreneur(personally), the head of the organization, another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection, attracted by the employer under a civil law contract. Organizations providing services in the field of labor protection are subject to mandatory accreditation. The list of services for the provision of which accreditation is required, and the rules for accreditation are established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

    The structure of the labor protection service in the organization and the number of employees of the labor protection service are determined by the employer, taking into account the recommendations of the federal executive body that performs the functions of legal regulation in the field of labor.

    Occupational Safety and Health

    Occupational Safety and Health— a system for preserving the life and health of workers in the course of labor activity, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

    Legal measures- consist in the creation of a system of legal norms that establish standards for safe and healthy working conditions and legal means to ensure their observance, i.e. protected by the state under pain of sanctions. This system of legal norms is based on and includes: federal laws, laws of the constituent entities of the Russian Federation, by-laws regulations executive authorities of the Russian Federation and constituent entities of the Russian Federation, as well as local regulations adopted at specific enterprises and organizations.

    Socio-economic activities include: measures of state incentives for employers to improve the level of labor protection; the establishment of compensations and benefits for the performance of hard work, as well as for work in harmful and dangerous working conditions; protection of certain, least socially protected categories of workers; compulsory social insurance and payment of compensations in case of occupational diseases and industrial injuries, etc.

    Organizational and technical measures consist in the organization of labor protection services and commissions at enterprises and organizations in order to plan work on labor protection, as well as to ensure control over compliance with labor protection rules; organizing training for managers and staff; informing employees about the presence (absence) of harmful and dangerous factors; certification of workplaces, as well as in order to eliminate or reduce the degree of impact of negative factors, carrying out measures to introduce new safe technologies, use safe machines, mechanisms and materials; improving labor discipline and technological discipline, etc.

    Sanitary and hygienic measures consist in carrying out work aimed at reducing industrial hazards in order to prevent occupational diseases.

    Therapeutic and preventive measures include the organization of primary and periodic medical examinations, organization of therapeutic and preventive nutrition, etc.

    Rehabilitation activities imply the obligation of the administration (employer) to transfer the employee to easier work in accordance with medical indicators etc.

    Purpose of labor protection- to minimize the probability of injury or illness of working personnel while maximizing labor productivity.

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

    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.

    Orientation legal regulation labor protection is defined by Art. 37 of the Constitution of the Russian Federation, which establishes that everyone has the right to work in conditions that meet the requirements of safety and hygiene.

    In order to improve legislative framework on labor protection On December 30, 2001, the Labor Code was adopted Russian Federation(as amended June 30, 2006).

    According to Art. 212, dedicated to the obligations of the employer to ensure safe conditions and labor protection, the employer is obliged to ensure:
    • corresponding to the requirements of labor protection;
    • training in safe methods and techniques for performing work on labor protection, briefing on labor protection;
    • certification of workplaces in terms of working conditions, followed by certification of the organization of work on labor protection;
    • informing employees about the conditions and labor protection at the workplace, about the risk of damage to health and the compensations and personal protective equipment due to them;
    • investigation and recording of accidents at work and occupational diseases;
    • compulsory social insurance of workers against industrial accidents and occupational diseases;
    • familiarization of employees with the requirements of labor protection, etc.

    C indicates the rights of the employee to work in conditions that meet the requirements of labor protection (Article 219), as well as the obligations of the employee in the field of labor protection (Article 214).

    In case of violation of labor protection, the Labor Code provides for liability: disciplinary (remark, reprimand, dismissal); administrative (fine from 5 to 50 minimum wages, for a repeated violation, disqualification through the court); criminal (fine from 200 to 500 minimum wages, or corrective labor up to 2 years, or imprisonment for two years, in case of death of an employee, imprisonment up to 5 years).

    In accordance with the Decree of the Ministry of Labor and social development of Russia “On the certification of workplaces for working conditions” dated March 14, 1997 No. 12, all enterprises, regardless of their form of ownership, are required to certify workplaces for working conditions.

    Currently public policy And legal regulation in the field of conditions and labor protection is carried out by the Ministry of Health and Social Development of the Russian Federation. A program for attestation of workplaces in terms of working conditions for 2005-2008 has been developed, which is designed to assess the working conditions of each employee and take timely measures to eliminate the identified inconsistencies with the requirements of the regulatory legal framework for labor protection.

    Certification of workplaces according to 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.

    All workplaces available in the organization are subject to certification in terms of working conditions, certification is carried out at least once every 5 years. Workplaces are subject to mandatory recertification after the replacement of production equipment, changes technological process, as well as at the request of the labor certification bodies of the Russian Federation, which revealed violations during the certification of workplaces in terms of working conditions.

    Based on the results of the certification, an action plan is developed to improve and improve working conditions in the organization. After the certification of workplaces in terms of working conditions, it is planned to carry out certification of work on labor protection with the issuance of a safety certificate (SSOT) for five years, which is carried out in accordance with the decree of the Ministry of Labor of Russia “On the creation of a system for certification of work on labor protection in organizations” dated April 24, 2002 G.

    Certificate of conformity of the organization of work on labor protection- a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection.

    The results of attestation of workplaces and certification of work on labor protection directly affect the protection of the employee's rights to safe working conditions and compensation for work in harmful and difficult working conditions. In Art. 146 of the Labor Code of the Russian Federation, it is established that workers engaged in heavy work, work with harmful, dangerous and other special conditions labor is produced at an increased rate. The mechanism for establishing discounts and premiums to insurance rates for compulsory social insurance against industrial accidents and occupational diseases is also directly dependent on the certification of workplaces in terms of working conditions. A prerequisite for calculating the amount of the discount to the insurance rate is that the employer conducts attestation on working conditions for at least 30% of jobs.