The production factor whose impact on the employee can. Test: A production factor that can affect an employee. Definition of the terms "hazardous production factor", "harmful production factor", "safe working conditions"

Article 209 of the Labor Code of the Russian Federation with comments and amendments for 2019-2020.

Labor protection is a system of preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, 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 is a production factor, the impact of which on an employee can lead to his illness.

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

Safe working conditions - working conditions under which exposure to harmful and (or) hazardous production factors is excluded or their exposure levels do not exceed 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.

Personal and collective protective equipment for workers - technical meansused to prevent or reduce the exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution.

The OSH management system is a complex of interrelated and interacting elements that establish the policy and objectives in the field of OSH for a particular employer and procedures to achieve these goals. The standard regulation on the OSH 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 employees using the means of labor necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, the provision of various types of services.

Labor protection requirements - state regulatory labor protection requirements, 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 conformity of the examination object with the state regulatory requirements labor protection.

Occupational safety standards - rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, treatment and prevention, rehabilitation measures in the field of occupational safety.

Occupational risk is the likelihood of harm to health as a result of exposure to harmful and (or) hazardous production factors when the employee fulfills his obligations under an employment contract or in other cases established by this Code and other federal laws. The procedure for assessing the level of professional risk is established 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.

Occupational risk management is a set of interrelated measures that are elements of the occupational safety management system and include measures to identify, assess and reduce the 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 thereby serves 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 of preserving the life and health of workers in the process of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures, gives an idea of \u200b\u200bthis sphere as a multifaceted activity of the state and employers aimed at protecting the life and health of workers in the labor process 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 supported by this by an appropriate mechanism of support, but also as a system of organizational actions of managers that allow to quickly resolve labor protection issues that arise in the process 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 set 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 refer to the Guidelines for the hygienic assessment of factors in the working environment and work process. Criteria and classification of working conditions. R2.2.2006-05, approved The 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 organism (cardiovascular, respiratory, etc.), providing its activity. The severity of labor is characterized by a physical dynamic load, the mass of the lifted and moved load, the total number of stereotyped work 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 employee.

Working capacity is a person's condition, 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 employer's use of the concept of "working conditions", taking into account the characteristics enshrined in the Guidelines, will be more oriented towards both the elimination of harmful production factors and the streamlining of the workers' labor process 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 has been supplemented with such basic concepts as "labor protection requirements", "state examination of working conditions" and "certification of workplaces for working conditions", which will contribute to better understanding of Art. Art. 211, 212, 215 and 216.1 TC, etc.

Labor disputes and conflicts between employees and employers often accompany work operating companies... Life is life, and it is not always possible to avoid them completely. The main thing is to find a competent way out of the conflict, supported by law. The main norm governing labor disputes is the Labor Code of the Russian Federation. Let's consider various situations of conflicts and ways of their legal settlement.

Punishment of the innocent

Most often, an employee is disciplined for being late for work. If such violations are repeated more than once, or the employee is more than four hours late, the employer has the right to dismiss the violator.

You can punish an employee if he is guilty of a committed misconduct. So it is said in. Therefore, the employer is obliged to obtain from the offender a written explanation of his offense.

The employee may cite poor performance as an excuse. public transport, weather conditions, and other similar circumstances that he could not have foreseen. The employer decides whether the reason given by the employee is valid. And in most cases, such explanations do not satisfy him. As a result, there is a conflict with the employee.

If in such a situation the employer dismisses the violator for absenteeism, it is highly likely that the dismissed person will go to court to restore justice. Then the firm 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 of the violation from him and ask him to provide evidence of his words. And in case of refusal - to issue an act about it.

The employee's refusal to give explanations about the committed misconduct cannot be regarded as a violation of discipline, and even less punished for it (definition The Supreme Court RF No. 47-G04-29, overview judicial practice Of the Supreme Court of the Russian Federation for the IV quarter of 2004 from 09.02. 2005).

• failure of an employee to attend public events;
• the employee's evasion from performing actions not related to labor duties;
• the employee's refusal to start work to which he was transferred in violation of the law;
• finding an employee without good reason not in 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.

A correctly drafted 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 the failure to fulfill his duties.

Inconsistency of the severity of the offense with the punishment

When deciding on the punishment of an employee, the severity of the offense must be taken into account. 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 yet a reason to fire him.

Wachter Mikhailova was reprimanded for leaving her workplacewithout warning the shift supervisor.

The worker explained her act by the need to take medicines from the medicine cabinet. After a while, she called home from her workplace, thereby violating the job descriptions that prohibit personal telephone conversations from the office 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 dismissed Mikhailova for repeated violations labor discipline.

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

Unlawful punishments

• comment;
• rebuke;
• dismissal.

Other types of disciplinary action can only be applied to government civil servants. The Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" speaks about them. It allows a civil servant to announce a remark, a reprimand, a warning about incomplete official compliance, release from a substituted position, dismissal from the civil service (Article 57 of the Law).

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

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 fire:

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

However, employers often “reinvent the wheel”. Here are the most common penalties not provided for by law:

• fine;
• withdrawal of the premium;
• a warning;
• censure.

Labor legislation does not allow applying a fine as a form of influence on an employee. This penalty is applicable for administrative, tax and criminal offenses.

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

Withdrawal of a bonus can be used as a form of pecuniary punishment in addition to disciplinary action. To do this, it is necessary to provide in the Regulations 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 the deprivation of an employee of percentage allowances, allowances for the special nature of work, reduction of travel allowances, etc., as disciplinary sanctions, is illegal.

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

The cashier of LLC "Palitra" Fedorova, leaving the premises due to official needs, several times forgot to close the cash register window. After another such misconduct, the director of the company issued an order in which he warned the cashier about the need to faithfully fulfill his duties. The worker went to court with a request to declare the order illegal. She indicated that the term for imposing a disciplinary sanction had been missed, and the procedure for its application had been violated for the reason that no written explanation was required from her.

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

Punishment out of time

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 the misconduct on August 8, 2008, apply disciplinary action he can only until September 8, 2008.

Punishment at a later date 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 be mistaken in calculating the term, it is necessary to remember several important points.

Firstly, it does not include the time during which the employee was on or on vacation. The absence of an employee at 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 employee's manager became aware of it. This is stated in paragraph 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation of 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 be calculated not from the moment the timekeeper was found to be late, but from the day when he was 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 exceptions are cases when a violation is discovered during an audit, as a result of an audit or during an audit of the financial and economic activities of a 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.

So that the employee does not have the desire to argue about the evidence of the violation committed, you need:

• formalize the fact of violation by an act;
• receive a written explanation from the offender;
• in case of his refusal to explain the misconduct, draw up an act about it;
• an employee of the company who directly discovered the violation, write a memo to the head;
• to the immediate supervisor to draw up a submission to the director of the company for the application of a disciplinary sanction against the offender.

In case of violation of the procedure for imposing a penalty and punishment, the court may declare the employer's actions illegal.

Employee M. decided to quit ZAO "Soyuz" on their own... Having written a statement addressed to the head of the company, he worked for two weeks, after which he did not return to work.

The company's management considered M.'s actions as absenteeism and dismissed him on this basis. The employee went to court with a demand to declare the dismissal 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 had not drawn up an act of refusal to explain. That is, the employer violated the requirements of Article 192 of the Labor Code (ruling of the Moscow Regional Court of May 16, 2005 No. 33-4395).

The personnel department must maintain a record of all violations and disciplinary sanctions of employees. True, the Labor Code prohibits the entry of information on disciplinary sanctions into work books, and in the personal card there is no corresponding column. Therefore, the forms and methods of accounting for disciplinary sanctions can be set independently. For example, in filing extracts from orders on punishment, submissions of 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 incentives and penalties for each employee and keep it in the personnel department while the employee works in the company.

Conflicts during suspension from work

The employee bears financial responsibility also in the event that he damaged the property of someone else's company, and his employer compensated for this harm. In this case, the employee will have to reimburse the losses that his company had to bear.

Only the amount of direct actual damage can be collected 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 purchase 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 harm caused to the employer, the employee bears limited liability. That is, you can collect an amount from him no more than his average monthly earnings (). For example, if the average monthly salary of a seller is five thousand rubles, and the amount of damage caused is 7200 rubles, then in fact he will compensate for the damage in a limited amount, that is, in the amount of five thousand rubles.

Some of these are:

• an employee has 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;
• an 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-seller did not use the cash register when working.

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

Full material responsibility

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, drug or toxic intoxication;
• when he committed a crime and there is a court verdict against him (for example, the seller is convicted of stealing several bottles of perfume);
• when he did administrative offense (for example, a store loader broke a shop window out of hooliganism);
• when he caused damage without fulfilling his labor duties;
• when there is a shortage of money or goods.

These grounds are listed in.

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

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

On a note

It is possible to conclude a written agreement with an employee on full material liability if he holds a position or performs work specified in a special list.

This is the List of positions and jobs replaced or performed by employees with whom the employer can conclude written agreements on full individual material liability for the shortage of entrusted property (approved by the Resolution of the Ministry of Social Labor of Russia No. 85 dated December 31, 2002).

Such workers include, for example:

• cashiers, controllers, cashiers-controllers;
• employees who carry out cash transactions when servicing ATMs;
• collectors;
• managers and other managers of warehouses, storerooms;
• forwarders.

In order to avoid misunderstandings, it is advisable to indicate the limits of their financial responsibility 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.

The employee's refusal to sign such an agreement is considered a violation of labor discipline. But a disciplinary sanction can be announced to him only if two conditions are met:

• the obligation to service material assets is the main labor function of the employee, and this is indicated in the employment contract;
• the employee knew that an agreement on full financial responsibility could be concluded with him.

If the employee refuses to conclude an agreement on full liability, he can be dismissed according to: "the employee's refusal to continue working due to a change in the essential terms of the agreement." This is the position of the Plenum of the Supreme Court of the Russian Federation (Resolution No. 2 of March 17, 2004).

Another one important point... An employee under the age of 18 can be held liable only if the company's property is damaged:

• intentionally;
• in a state of alcoholic, drug 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 to compensate only part of it. This is possible:

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

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

Compensation for damage

To bring an employee to financial responsibility, you need to correctly calculate the amount of damage caused to him. Find out whether he is guilty of 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.

Checking 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 damage 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 perpetrator's average monthly earnings. If the amount of damage is greater, the manager must issue an order to recover the damage and offer the employee to compensate it on a voluntary basis. The order must be issued no later than one month from the date when the final amount of damage is established.

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

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

• detection of damage and drawing up an act;
• direction to the head of the report on the occurrence of damage;
• issuance of an order to conduct an audit and;
• issuance of an order to conduct an official investigation;
• obtaining written explanations from the employee;
• filing a statement with the police if the manager believes that an administrative or criminal offense has been committed;
• issuance of an order on imposing material liability on the culprit;
• sending a written notice to the employee with a proposal to compensate the damage voluntarily;
• issuing an order to bring the culprit to disciplinary responsibility and familiarizing the employee with it against signature.

If the employee does not agree to voluntarily compensate for damage 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 damage

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, did not order to install burglar alarm in a warehouse.

He is not liable even in the event that the damage was caused due to force majeure, as a result of normal economic risk, extreme necessity or necessary defense.

During the audit, a shortage of goods was revealed at the Sever LLC warehouse. The head of the company demanded compensation from the storekeeper. The worker did not agree with the demand and went to court.

During the trial, it turned out that the warehouse was not originally intended for storing material values. 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 off with a chain-link netting. In addition, the spare key to the warehouse was kept by the warehouse manager, who was not financially responsible.

The court concluded that the employer did not provide the necessary security for the premises, therefore the storekeeper could not properly fulfill her obligations to preserve the property. On this basis, the worker's claim was satisfied.

Financial responsibility of the head

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

If he broke or damaged any property of the company, then he will be responsible only within the limits of his average monthly earnings. However, full financial responsibility for 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 manager.

Conflicts due to changes in working conditions

The law identifies mandatory and additional conditions of an employment contract. The first in any case should be spelled out 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 the same in force with the obligatory ones and acquire an equal status with them as “determined by the parties”.

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 directly prohibits doing this).

An employer's decision to change at least one of them can cause serious employee discontent. And so that it does not develop into a legal dispute, 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. So it is said in.

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

• changes in technology and production technology;
• improvement of workplaces based on 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;
• interruptions in supply;
• upgrading or other change in technology;
• transfer of the enterprise to another locality.

In any case, these changes should not worsen the position of the employee in comparison with the terms of the collective 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.

Upcoming changes in working conditions of the employee must be notified in writing two months in advance. This obligation will be deemed fulfilled if the employee:

• wrote a statement of agreement with the proposed changes with his own hand;
• signed the order or order of the employer to change essential working conditions.

Instead of a handwritten statement, you can prepare a written proposal on behalf of the employer to change working conditions with a stamp: "I agree with the translation" and a place for the employee's signature. It is advisable to draw up the document in duplicate with the signatures of the employer and the head of the personnel department. But the employee must set the date of drawing up the document or getting acquainted with it with his own hand.

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

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

An employee who refused to work under the new conditions must be offered any other vacant position available at 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 job). If the firm does not have a vacancy that matches the qualifications of the employee, any less qualified and lower paid job must be offered.

The offer must be made in writing. Then, in the event of a dispute, the employee cannot deny that it really happened.

The head of the planning and economic department of the unitary enterprise "OKB PT" Bulatova was reduced official salary... At the same time, the employer did not notify the employee about the upcoming changes, did not receive her written consent to work under the new conditions. Subsequently, she was dismissed under paragraph 12 of Article 81 of the Labor Code of the Russian Federation: “termination of admission to state secrets”. Bulatova disagreed with the decision and applied to the court with a demand to reinstate her at work, to declare the reduction of salary illegal, to recover unpaid wages, bonuses, remuneration, compensation for the time of forced absence and moral damage from the employer. The court recognized the actions of the head of OKB GP as illegal and satisfied the worker's demands in full (ruling of the Supreme Court of the Russian Federation of April 13, 2004, No. 35-G04-5).

If there is no suitable job or the employee refused the received offers, he can be dismissed according to: “the employee's refusal to continue working due to changes in the essential terms of the employment contract”. At the same time, he does not need to pay.

Sometimes, in connection with a change in the organizational or technological working conditions at the enterprise, a part-time regime is introduced. In this case, the employee has to work in new conditions. If he refuses to work in the new regime, he can be dismissed on: "reduction of the number or staff of the organization's employees."

note

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

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

Conflicts related to compensation for travel expenses

Unfair travel reimbursement from the employee's point of view can lead to serious conflict.

To avoid it, you need to remember that the Labor Code establishes the company's obligations for payment:

• travel expenses to the place of business trip and back;
• housing rental costs;
• per diem in the amount specified in the employment contract;
• other expenses associated with a business trip (fees for obtaining a visa, telephone calls, 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 a financial report and documents confirming his expenses to the accounting department.

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

The firm is obliged to compensate in full:

• the cost of a ticket for public transport;
• payment of 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 site is outside the city;
• the amount of insurance for passengers in transport.

The company is obliged to pay the expenses of the employee for the rental of housing on a business trip, as well as reimburse the costs of payment additional servicesprovided by the hotel, which are included in the price. Exceptions are bar, restaurant or room service and the cost of using recreational and health facilities (swimming pool, sauna, gym, etc.). The basis for reimbursement of expenses are invoices, invoices, receipts of the CCP or forms strict accountability hotels. One of these documents is enough for payment (resolution 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 business traveler for each day of being on a business trip, including weekends and holidays, as well as for all days on the way (including the day of departure and day of arrival). The amount of per diem that is paid to employees sent on a business trip is established by a collective agreement or local normative act (for example, by order of the head).

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

Accountant LLC "Passive" must issue Somov A. S. per diem in the amount of:

1500 rub / day H 3 days \u003d RUB 4500

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

Please note: if vehicle departs 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 outside the city, the time required to travel to this facility is taken into account.

The money for the business trip is given to the employee for the report before the trip. However, expenses are recognized when they are actually incurred and paid. At the moment when the money is given to the employee for a business trip on account, the expenses have not yet been made and the employee has a debt. In addition, the firm does not yet have documents to prove the costs. 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 account no later than three working days after he returns from the trip (clause 6.3 of the Directive of the Bank of Russia dated March 11, 2014 "On the procedure for conducting cash transactions legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses "). If the employee has an overrun compared to the previously paid advance, travel expenses will be recognized as an expense when the employee is reimbursed for the overrun.

Salary conflicts

The commercial firm sets the wage system independently. It must be fixed in the collective agreement, the Regulations on remuneration or in the employment contract with a specific employee.

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

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

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

Basic principles of organizing working time

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Women are subject to labor regulation additional rules and special restrictions (Article 251 of the Labor Code of the Russian Federation). The work of female employees is limited to work with harmful or hazardous working conditions, as well as underground work, with the exception of non-physical work or work on sanitary and domestic services (Article 251 of the Labor Code of the Russian Federation).

Moreover, under harmful conditions labor is understood as a set of factors of the working environment and the labor process, the impact of which on the employee can lead to his illness. And under dangerous - a set of factors that can lead to his injury (Article 209 of the Labor Code of the Russian Federation).

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

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

In the production environment, they objectively form, negatively affecting a person in the process of his life

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

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

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

Chemical factors- substances and compounds that differ in their state of aggregation and have toxic, irritating, carcinogenic and mutagenic effects on the human body and affect its reproductive function.

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

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

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

Ensuring labor protection - the basis of highly productive and creative activity of employees of enterprises of various forms of ownership. Labor protection problems are of a multifaceted and multifaceted nature, affecting many aspects of the life and activities of labor collectives, the organization of production and labor, the organization of production management, etc.

In order to ensure compliance with labor protection requirements, to monitor their implementation, each employer carrying out production activities, the number of employees of which exceeds 50 people, creates a labor protection service or introduces the position of a labor protection specialist with appropriate training or experience in this area.

An employer, whose number of employees does not exceed 50 people, makes a decision to create an occupational safety service or introduce the position of an occupational safety specialist, taking into account the specifics of its production activities.

If the employer does not have a labor protection service, a full-time labor protection specialist, their functions are performed by the employer - individual entrepreneur (personally), the head of the organization, another employee authorized by the employer, or an organization or specialist providing labor protection services, 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 in charge 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 process of working, including legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures.

Legal measures - are to create a system of legal norms that establish standards for safe and healthy working conditions and legal means to ensure their compliance, 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 of the executive authorities of the Russian Federation and the 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 when performing heavy work, as well as for work in harmful and hazardous working conditions; protection of certain, least socially protected categories of workers; compulsory social insurance and payment of compensation upon occurrence occupational diseases and industrial injuries, etc.

Organizational and technical measures are in the organization of services and commissions for labor protection 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 personnel; informing employees about the presence (absence) of harmful and dangerous factors; certification of workplaces, as well as in order to eliminate or reduce the impact of negative factors, taking measures to introduce new safe technologies, use safe machines, mechanisms and materials; improving labor discipline and technological discipline, etc.

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

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

Rehabilitation measures imply the obligation of the administration (employer) to transfer the employee to more easy work according to medical criteria, etc.

The purpose of labor protection - to minimize the likelihood of injury or illness of working personnel at maximum 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 exposure to harmful and (or) hazardous production factors is excluded or the levels of their exposure do not exceed the established standards.

Focus 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 of the Russian Federation was adopted (as amended on June 30, 2006).

• meeting the requirements of labor protection;
• training in safe methods and techniques for performing labor protection work, instruction in labor protection;
• certification of workplaces for working conditions with subsequent certification of the organization of work on labor protection;
• informing employees about working conditions and labor protection at workplaces, about the risk of damage to health and the compensations and personal protective equipment due to them;
• investigation and registration of industrial accidents and occupational diseases;
• compulsory social insurance of employees against industrial accidents and occupational diseases;
• familiarization of employees with labor protection requirements, etc.

In specifies the employee's rights to work in conditions that meet the requirements of labor protection (Art. 219), as well as the employee's obligations in the field of labor protection (Art. 214).

In case of violation of labor protection, the Labor Code provides for liability: disciplinary (reprimand, reprimand, dismissal); administrative (a fine from 5 to 50 minimum wages, for a repeated violation, disqualification through the courts); criminal (fine from 200 to 500 minimum wages, or correctional 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 obliged to carry out certification of workplaces for working conditions.

At present, the Ministry of Health and Social Development of the Russian Federation implements the state policy and legal regulation in the field of labor conditions and labor protection. 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 to take timely measures to eliminate the identified inconsistencies with the requirements of the regulatory legal framework for labor protection.

Certification of workplaces for working conditions - assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and to 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 for working conditions; certification is carried out at least once every 5 years. Jobs after replacement are subject to mandatory recertification production equipment, changes technological process, as well as at the request of the certification bodies of working conditions of the Russian Federation, which revealed violations during the certification of workplaces for working conditions.

Based on the results of certification, an action plan is developed to improve and improve working conditions in the organization. After certification of workplaces for working conditions, it is envisaged to carry out certification of labor protection works 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 certification system for labor protection in organizations" dated April 24, 2002 g.

Certificate of compliance with the organization of 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 certification of workplaces and certification of labor protection work 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 working conditions are made in an increased amount. 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 for working conditions. A prerequisite for calculating the amount of the discount to the insurance rate is the employer's certification of working conditions for at least 30% of workplaces.