Terms of special assessment of working conditions. Special assessment of working conditions (wage). Step-by-step instructions from Dogma Results of the special assessment of working conditions

The procedure for using the results of a special assessment of working conditions is regulated by the provisions of 426-FZ. The main amount of responsibilities related to the use of the results is covered by the employer. However, some functions carry out an expert organization who carried out work under the contract. In some cases, state bodies may be involved in this issue.

Employer duties on the results of a special assessment of working conditions

The list of responsibilities of the organization acting in the role of the Customer's work on the vehicle is determined mainly by Art. 15 426-FZ. This and other articles of this regulatory act establish that, upon completion of all necessary procedures, the employer must:

• to get acquainted with the report of the organization who performed the work on the work on, and approve it. This procedure concerns not only the main reporting documentation, but also of all applications to it, including consolidated statements of the results of the vehicle;
• on a three-day period after the approval of the results, send the corresponding notification to the Contractor;
• on a thirty-day sentence, after approval of the report, send a notice to the employee on the results of the special origin at its place of work or otherwise notify him about them;
• in a thirty-day period, after accepting a report, it is easy to place the results on the organization's website for open access of all interested parties. For example, the results of the FMBA environment of the Russian Federation are of interest to the public and journalists;
• if at this place of work on the results of the results, it is harmful to the normal indicators - to develop and implement a system of benefits and compensation for workers. The volume of surcharges in a special assessment of working conditions is regulated by the Labor Code and other regulatory documents. Supplements are established to all workers who have harmful or dangerous working conditions;
• ensure the storage of the results of special sections according to the order of the Ministry of Culture No. 558. The term of the requirement for the storage of such documents is 45 years.

The actions of the employer in disagreement with the total

The above algorithm is applied if the employer agrees with the conclusions specified in the Special Price Report. If disagreement takes place with the results, they should be guided by order of the Ministry of Line No. 501N. According to this document, the employer must send a written application to the Ministry of Labor with a description of its position. If there are confirming documents, they should be attached to the application. It will be discussed within 45 working days from the date of its receipt and registration.

Actions of the expert organization based on the results

The main task of the performer after the reporting and receipt of the notification of its coordination is to inform the state bodies on the results of the results. The expert organization should send them to the federal state system of accounting for a special assessment of working conditions.

If for any reason the organization has not fulfilled its duty, this can make it an employer. The main difference in this case will be to send documents. If the expert organization sends them directly to the accounting system, then the employer should provide them with labor inspection. Specialists of the department will then redirect them to the federal system. It should be borne in mind that sending the results of special origin to the state body is the right, not the responsibility of the employer.

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Amazing business adventures with hired employees

Until December 31, 2020, everyone who has employees have, should conduct a special assessment of jobs.

Natalia Chelyan

made special fees

The legislator established the five-year transitional period for a phased spent - it ended December 31, 2018. Therefore, employers had to conduct a special assessment of jobs until January 1, 2019. But those who spent the wage in 2015, until December 31, 2020, it is necessary to re-undergo a procedure, because the special price is carried out at least once every five years.

This article is for small enterprises and IP, because the major themselves know everything themselves.

In fact, it is not enough to carry out a special price - you need to fill in the declaration and submit it to the work inspection. And here they begin the nuances.

This spring I spent a special price in a small real estate agency. It was necessary to evaluate four office places located in the center of St. Petersburg, I had a reserve. As a result, I paid 6000 R for the estimate of the four jobs and was satisfied. I will tell in order.

What is a special assessment of working conditions

Southew is an assessment of jobs: experts determine harmful production factors and evaluate how important indicators are complied with regulations.

There is a law on which organizations with employees should conduct a special assessment of jobs, which are reduced. It is determined by the class of working conditions. Depending on the class, contributions are considered, workwear is purchased or, for example, additional lamps are installed.

When conducting special fees, harmful factors are evaluated, and not aesthetics. On the noise, dust or lack of light, the expert will pay attention to the color of the walls or the quality of the door fittings - no. Still may measure weight, chemical, biological factors. But usually it concerns complex manufacturing enterprises.

Again stagger business inspections?

Special assessment of working conditions is, let's say right, headache. A lot of vene, paper and formalities.

But she has a meaning: they will be able to make sure that employees work in normal conditions, they have something to breathe, they do not refuse radioactive lime, and the eyes do not flow due to the dusk in the office.

Who should spend

Evaluate jobs should any business in which employees work. The assessment is subject to all places where people work are: in the office, in the kitchen in the cafe, in the sewing shop and on the furniture production.

Specialized firms are being evaluated. The expert of such a company comes to the office or on production, checks everything, and then writes a report. Based on this report, you fill out and submit to the work inspection of the declaration.

Who should not evaluate working conditions

Companies without employees. Suppose, in the company the only employee is the general director. It works out of the house, because there is no office space. Then there is no assessment object, which means it is not needed.

If IP has no employees, nothing is not necessary to evaluate.

Companies without jobs - All employees are deleted. It is not necessary to evaluate the workstations of remote and home-friendly workers: if, for example, the designer or seamstress work at home and it is spelled out in their employment contract - it is not necessary to conduct an assessment. No need to evaluate vacant places - it's when there is a place, and no one works on it.

Ordinary people. The procedure does not concern individuals: if you have a private cook or a personal assistant to whom you pay as an individual, then you do not need to carry out the procedure either.

Nuances

Sometimes a special price is needed, but the declaration is not needed: it mainly concerns all production, cafes and restaurants. Or any business where harmful or dangerous factors are found - here you need to act differently, but this is the topic of a separate article.

What time frame is a special price

Special price needs to be carried out at least five years. For example, if you spent in August 2015, you must re-pass a procedure no later than August 2020. And you will have 30 working days from the date of the report approval to arrange and submit a declaration on the OUT.

Responsibility for the non-payment of special fees - fine up to 200,000 p

For those who do not want to do special seating, penalties are provided. First time:

• cEO or IP will pay from 5,000 to 10,000 p;
• a legal entity - from 60,000 to 80,000 r.

Repeated violation (nevertal evaluation of working conditions) will cost:

• the general director is a fine of 30,000 to 40,000 p or disqualification (prohibition) lead for a term of 1 to 3 years;
• a legal entity will have to answer the amount from 100,000 to 200,000 rubles or the suspension of activities for a maximum of 90 days;
• IP will pay a fine as the general director - up to 40,000 rubles, but the activity will be suspended as a company.

How often to spend and how much does it work

The deadline for the declaration is 5 years. We consider it from the date of making information on the results of the assessment in the information system of accounting. In most cases, this period will be automatically extended for another 5 years. But the assessment will need to be renovated if:

1. An accident occurred with an employee.
2. The employee has found a disease that appeared due to harmful or dangerous factors at work.
3. During the inspection, the labor inspectorate revealed violations of labor protection standards.
4. In these cases, in addition to the termination of the conformity declaration, it will have to carry out an unscheduled special assessment of working conditions. Another unscheduled special price will be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also carry out an unscheduled verification if the employee directs him comments and objections to the results of special seats at its workplace.

Procedure for assessing working conditions

For myself, I divided the entire process for three steps:

Preparation - the choice of the artist, collecting documents. Conduct - research and receipt of documents from the organization. Finishing reporting is to fill the declaration, notification of employees. Let's look more for each of the steps.

Choose artist, publish an order and approve the list of places

Evaluate jobs special people who have equipment and knowledge for this. The entrepreneur cannot hold it for himself. The artist must have accreditation - it can be checked on the site of the Ministry of Labor.

Immediately - in the section "Register of Experts of Organizations, conducting a special assessment of working conditions" - you can check the certification of an expert who will be carried out.

1. The total number of places is the less, the more expensive.
2. The location of the office - departure to the commonion on the outskirts of the city will be more expensive.
3. Evaluation complexity - if you do not appreciate the office, but, for example, sewing production, then additional measurements of the noise and severity of the labor process will be required, it will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they had accreditation, and then I remembered that the company was friendly with me on the phone. With this company I entered into a standard contract.

In parallel with the conclusion of the contract, you need to create a commission for conducting a special assessment of working conditions. It sounds loud, but in fact it is necessary to compile and sign the order from the general director, which lists the composition of the commission from the company's employees.

Before the procedure, it is necessary to compile and sign the list of places that are subject to evaluation, and make a schedule of the work. The graph does not have any installed form, you make it up as all other internal documents.

Neither the order nor the schedule nor the list of places needs to be given anywhere. They are stored together with other documents in a thick daddy at an accountant. That's how these documents look like me.

The order, the schedule and the list amounted to personally, for example. Registration may differ from yours. It is not regulated, but the documents themselves must be.

Getting a conclusion

When evaluating jobs, there are two stages: Identification, and then measurements and research.

Identification. At first, the expert examined the premises, talked to the staff and their direct supervisor: for example, asked how much time they spend at the computer. The task was to understand what the workflow is and what measurements or research will be required.

About the time you agree in advance - it is important that employees are in the workplace and attended the members of the Commission, which are indicated in the order. The expert will need to show:

1. List of jobs and actually the workplaces themselves.
2. Mode of staff.
3. Equipment for which employees work.

After examination, the expert said that one factor would measure - illumination. The Commission agreed, and we appointed a date of the new meeting.

Measures and research. The expert comes and conducts measurements in the workplace. In our office, it was necessary to measure "Light Wednesday" parameters: is it enough in place of light to work at the computer. For research, the expert brought a luxmeter and measured the level of artificial lighting.

The expert described the results in the measurement protocol and put the class of working conditions. Total 4 grade working conditions are distinguished:

1. Optimal (first class).
2. Permissible (second class).
3. Harmful (third class), there are also subclasses.
4. Dangerous (fourth grade).

The class affects the level of guarantees and compensation provided to employees engaged in manufacturing with harmful factors. In our office put the second class - these are permissible working conditions.

Class working conditions The expert lies in the card, and then makes the report. The reporting period is listed in the contract. In my case, 30 calendar days have been spelled out in the contract after receiving our payment, and I received documents exactly at the specified period.

The report should be:

1. Information about the organization that assess jobs, copies of the accreditation certificate and the accreditation area.
2. The list of jobs on which an assessment was carried out with the transfer of detected harmful factors.
3. Protocols for conducting research and measurements.
4. Special assessment cards.
5. The consolidated statement of the results is the consolidated table of classes of working conditions.
6. List of recommended measures to improve conditions, if necessary.
7. Expert opinion.

The report must approve and sign the chairman and members of the Commission.

Deliver a declaration

The expert gives you a report on approval, and you sign it. In our case, we received a conclusion on May 15, and on May 16 he was signed by the general director. Within three business days after approval, you must tell any accessible way to an organization that evaluated jobs. We sent a scan of a signed title list by email.

After that, the organization conducted by the FGIS states a report on the special price (the Federal State Accounting System of the Southern Results) and reports this to the customer within three working days. All these actions are on the validity of the contract.

In places that did not find anything harmful and dangerous, the conformity declaration is served. There are exceptions, for example, for medical, pedagogical workers, see the list of exceptions in paragraph 6 of Art. 10 of the Law 426-FZ. Submit a declaration is obliged by the employer. The deadline is 30 working days from the date of the report approval.

Serve need to be served in Rostrud:

1. personally;
2. by mail in a valuable letter with the description of investment and delivery notice;
3. if there is a qualified electronic signature, then you can fill in the declaration directly on the Rostrude website.

Results of assessment of working conditions

The organization that was spent will make out the results of the evaluation in the form of a report.

What to do according to the results

Fourth or third class: dangerous or harmful working conditions

What to do the employer

Pay additional contributions to the PFR

Maximum tariff - 8% of the salary under dangerous conditions

What to do the employer

Provide warranty and compensation workers

Since 2014, on the basis of Federal Law No. 426-FZ dated 28.12.13 "On a special assessment of working conditions" a special price of working conditions is carried out, before that, jobs were certified. The meaning is about the same, but nevertheless some changes are made.

It is necessary to conduct it to all employers. Based on the above mentioned law, the amendments were made, as a result of which administrative penalties were increased in the event of a refusal to carry out special projects, as well as tightened criminal punishment against persons whose fault accident occurred at work.

In order for you to understand, before the adoption of the Federal Law No. 426 dated December 28, 13, the concept of as certification of jobs and it was a mandatory procedure for all without exception, according to the Labor Code of the Russian Federation Article 2212. Since 2014, a new concept has been established and is currently called as a special assessment of working conditions.

Special price is a complex of uniform events carried out consistently and aimed at identifying hazardous and (or) harmful factors in production and also aimed at identifying their impact on employees of the organization. The result of such an assessment is to establish working conditions on working places of employees in classes and subclasses of harmfulness. The rules for conducting and harmfulness are made on the basis of 426 federal law.

Who should conduct a special assessment of working conditions (certification of jobs)

In accordance with Law No. 426-FZ, Article 8 Part 1 and the Labor Code of the Russian Federation Art. 212 And the obligation to conduct a special assessment lies on the employer, which is also held at his expense. It is obliged to conduct all employers, both organizations and individual entrepreneurs who have employees in the state.

If we talk about entrepreneurs who work upon themselves without attracted employees, they do not need to carry out special seats. However, in the event of an emergence in the staff of employees there will be a duty in carrying out such a procedure.

It is also not necessary to carry out special institutions to individuals who do not have the status of the individual entrepreneurs that hire workers (according to Law No. 426-FZ, Article 3).

For what work places it is necessary to carry out special

There are a number of differences between jobs that are subject to now special fees and for which jobs have previously been certified.

So, earlier, the workshop certification was carried out in the case of use of manual tools, mechanisms, equipment, installations, machinery, devices, devices and vehicles, with sources of danger. Starting from 2014, in the case of a special price of such restrictions, it was not established, in this regard, it is carried out regardless of whether the factors are in the workplace or not.

Another difference, regarding workers who work remotely and homasters. On this workplace, the workplaces conducted on the general basis was certified. Based on the Law No. 426-FZ, in which it is currently written on this issue - a special assessment of labor in relation to workers working remotely, no need to conduct.

See also:

Responsibility for informal employment for employer and employee

As for office employees, such most and the matter deserves special attention. Earlier, the law did not have clarity about the need for certification. Law No. 426-FZ made clarity, because there are no restrictions in the relations of office staff, in relation to these jobs, it is also necessary to carry out special fees.

Let us summarize, the special price must be carried out for all jobs, with the exception of the following:

• In case the employee is doing homework.
• Regarding places of workers who work remotely.
• If an individual acts as an employer, which is not an IP.

The frequency of conducting special price

What are the deadlines for the special seating? There is a planned check and unscheduled. The planned must be carried out once every five years. If attestation was held at the workplace, then the conduct of special assessment can be prescribed after 5 years, after completion of the certification.

However, cases of cases are agreed at whose occurrence of which special fee is conducted by an unscheduled test (before the occurrence of 5 years from the moment of the last one:

• When commissioning new jobs.
• In the event of a change in the technological process, including the use of the composition of the materials used and other innovations affecting the level of exposure to hazardous and harmful production factors.
• In the event of an accident occurred at the production or occurrence of a professional disease, which are caused by dangerous and harmful working conditions.
• Based on the prescription of the Inspector on Labor, as well as a motivational proposal coming from the trade union organization.

What threatens the rejection of the special price

In the event that the organization did not conduct a special assessment of labor, it could be attracted to administrative responsibility.

Until 2015, for such an offense, the employer was involved in accordance with the COAP of the Russian Federation Article 5.27, on which the amount of a fine for officials ranges from 1 to 5 thousand rubles, and for JUR.LIC - from 30 to 40 thousand rubles. A different kind of punishment is the suspension of the organization's activities for up to 90 days.

Since 2015, a penalty for the lack of special charges is charged on the basis of the COAP of the Russian Federation Art. 5.27.1 and amounts to:

• For individual entrepreneurs and officials from 5 to 10 thousand rubles.
• For JUR. LIC is from 60 to 80 thousand rubles.
• Preventive warning.

In case of re-violation, penalties will be tougher:

• For IP and officials will be from 30 to 40 thousand rubles.
• For JUR. Persons - from 100 to 200 thousand rubles.
• Instead of the application of penalties, the suspension of the organization (SP) is possible for up to 90 days, and the official may be disqualified for 1-3 years.

What will happen if an accident occurred, and there is no special seating?

In this case, as evidence of the guilt of the employer, there may be a lack of results in the organization (at IP) a special assessment of working conditions. If the wines are proven, then the head can be criminally liable in accordance with the Criminal Code of the Russian Federation Art. 143:

• The size of the fine may be in the amount of up to 400 thousand rubles.
• In the amount of the salary of the head from 8 to 18 months.
• It is possible to use punishment in the form of forced labor until 1 year or imprisonment for up to 1 year.

Special assessment of working conditions is the responsibility of all employers provided for by the Labor Code. Consider the main aspects associated with its organization and conduct.

The concept and legal foundations of special vehicle working conditions

Special assessment of working conditions (SOUTO) is a system of measures to assess the harmful and hazardous production factors affecting the employee.

The duty of its implementation was established by the TC RF (Art. 212). The main regulatory document regulating is the law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions". In addition, individual issues related to the implementation are disclosed in more detail in the decisions of the Government and documents of relevant departments (Ministry of Labor, Ministry of Health and Social Development).

Who and in what time frame is obliged to carry out

Special price is required by all economic entities (legal entities and individual entities) using the services of employees. It is necessary to evaluate all jobs such as constant and temporary, even if we are talking about employees with a traveling nature of work.

The current is not carried out only with respect to the following categories of workers (clause 3 of Article 3 of Law No. 426-FZ):

1. Working at home or remotely.
2. Workers hired by individuals who are not IP (Assistants by housework, tutors, etc.).

For a specific employer, the timing of the vehicle is established taking into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. The fact is that the special price is the "succession" operating until 2014. Certification of jobs. Therefore, if in the enterprise until December 31, 2013. Certification was carried out, then it is possible to do not work for 5 years after it. The transition period ends on 12/31/2018, by this time all employers must be held on the new rules.

However, for certain categories of jobs, special origin should be carried out in the shortest possible time, without waiting for the completion of the transition period. We are talking about workplaces with harmful and dangerous working conditions. Their categories are listed in paragraph 6 of Art. 10 of Law No. 426-FZ.

In addition, in the cases listed in paragraph 1 of Article 17 of the Law No. 426-FZ, the assessment of working conditions in the workplace should be carried out outside the plan. First of all, it concerns the emergence of new jobs or significant changes to the working conditions at existing places. In addition, unscheduled will be carried out after an accident, on the basis of the prescription of the controlling authorities or on the application of the trade union. The deadlines for carrying out unscheduled will be from 6 to 12 months, depending on the basis.

The employer chooses the organization from the registry and concludes a contract with it to conduct. The customer is obliged to provide the Contractor all documents and other information necessary for work.

First of all, you need to choose jobs for evaluation and make a schedule, given all the features of establishing the timing of the vehicle listed in the previous section.

Special purpose of working conditions itself is to identify and measure harmful and hazardous production factors. According to her results, each tested workplace is assigned one of the four hazard classes. The choice of class depends on the availability and intensity of the impact on the employee of these negative factors.

The results of the vehicle conducted are made in the form of a report, which must be signed by all members of the Commission.

Information about the results will be:

1. It should be brought to workers and posted on the company's website for a 30-day term after signing the report (Art. 15 of Law No. 426-FZ).
2. It is included in the declaration of conformity of working conditions provided to the Mintrost.
3. He sent to the FSS division of the Russian Federation to make a decision on the adjustment of insurance tariffs (more - in the next section).
4. Posted in the state information system (Article 18 of Law No. 426-FZ).

Read also Form of information about the average number for 2017

Legal consequences are soot

The results of the vehicle conducted will affect labor relations with employees and at the rate of contributions to extrabudgetary funds.

Workers whose jobs are recognized as harmful or dangerous (3-4th grade) various guarantees and compensation in accordance with the Labor Code of the Russian Federation and other regulatory acts:

1. Disgraced working time (Art. 92 of the Labor Code of the Russian Federation).
2. Increased tariff rates (Art. 146, 147 of the Labor Code of the Russian Federation).
3. Additional holidays (Art. 117 of the Labor Code of the Russian Federation).
4. Highlighting retirement (Art. 27 of the Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation").
5. Restrictions for work at such places of women and minors (Art. 253, 265 of the Labor Code of the Russian Federation).
6. Regular medical examinations (Art. 213 of the Labor Code of the Russian Federation).
7. Providing personal protective equipment.
8. The issuance of milk and therapeutic and preventive nutrition (Art. 222 of the Labor Code of the Russian Federation).

In addition, according to the results, it is developed and implemented measures for labor protection and improving its conditions.

The FSS of the Russian Federation can provide a discount company (or on the contrary - surcharges) to the current tariff for insurance against accidents and occupational diseases. The rules for the provision of discounts (surcharges) approved by the Decree of the Government of the Russian Federation of 30.05.2012 No. 524. The decision of the FSS on tariffs depends on the state of labor protection in the enterprise, one of the most important characteristics of which is the result of the OUT.

Also assessing working conditions affects the accrual of additional contributions to compulsory pension insurance (Art. 428 of the Tax Code of the Russian Federation). The definition of specific classes and subclasses of working conditions on working places allows you to accrue these contributions more differentiated and in most cases - reduce the amount of payments.

Sanctions for violation of the procedure for

The Administrative Code provides for sanctions for these violations both for employers and for specialized organizations conducting an assessment.

Employers in the first violation of the legislation on the SOUTY receive a warning or subjected to the following penalties (clause 2 of Art. 5.27.1 of the Administrative Code of the Russian Federation):

1. Officials and IP are from five thousand to ten thousand rubles.
2. Legal entities - from sixty to eighty thousand rubles.