Workers employed in industries associated with hazardous working conditions have the right, in addition to the regular salary, to count on a certain additional payment. Such amounts are intended to at least partially compensate for the adverse effects on the human body. harmful factors.

Additional payments for hazardous working conditions

The employer's obligation to make additional payments for harmful working conditions is established in Articles 146 and 147 of the Labor Code. They speak of the need to establish higher wages for employees whose work is performed in harmful and dangerous conditions. However, in this case, you need to understand that working conditions should be recognized as such only after a special assessment of working conditions (SAL). It is carried out according to the rules prescribed in Law No. 426-FZ of December 28, 2013.

Let us remind you that all employers are required to undergo this procedure. It is carried out at least once every five years in relation to all employee workplaces. In addition, it is necessary to carry out an additional assessment outside the plan when commissioning newly organized workplaces, upon receipt of the appropriate instructions labor inspection, in case of radical changes in working conditions, after an accident at work or in the event of an identified occupational disease, as well as upon receipt of a corresponding motivated proposal from the trade union.

If, after an inspection, working conditions are recognized as harmful, then additional pay must be established for employees in the relevant positions. And vice versa, if, according to the conclusion, the workplace is recognized as safe, then such additional payment for harmful working conditions is not established, since there are no harmful conditions themselves (Part 4 of Article 219 of the Labor Code of the Russian Federation).

Accordingly, the factor of the presence of harmful conditions or, conversely, their absence is considered valid until the next special assessment. Consequently, additional payments to employees will be made only during those periods when the workplace is certified with the appropriate “hazardous” status. If this status has changed, then the company issues an order for additional payment for harmful working conditions.

How to calculate additional payment for hazardous working conditions

How the additional payment for hazardous working conditions is calculated is stated in the already mentioned Article 147 of the Labor Code. In particular, the amount of such additional payments in its minimum amount should be 4 percent of the tariff rate or salary in force for similar types of work under normal working conditions. At the same time, this issue must be resolved taking into account the opinion of the representative body of workers. Specific amounts of additional payment for hazardous working conditions are prescribed in collective and labor agreements.

An example of calculating additional payment for hazardous working conditions

Based on the results of a special assessment of workplaces in the production division of Alpha LLC, working conditions in this division were recognized as harmful from April 10, 2017. On the same date, the company prepared the relevant documents establishing a 5 percent bonus for employees of this division, signed the corresponding additional agreements to the employment contracts, and made adjustments to the collective agreement.

Calculation wages an employee of a department with a salary of 40,000 rubles for April will be:

5 working days before SOUT x (40,000 rubles: 20 working days per month) + 15 working days after the special assessment x (40,000 rubles: 20 working days per month) x 1.05 = 41,500 rubles.

If the company is located in the regions of the Far North or equivalent territories, and, therefore, wages are paid to employees using the regional coefficient, then this coefficient also applies to additional payment for hazardous conditions.

Fines for non-payment of additional payment for hazardous working conditions

Incorrect calculation of “harmful” additional payments or their complete absence in situations where they need to be paid is fraught with a set of penalties for the employer. In this case, liability arises for non-payment of part of the salary itself.

First of all, we will talk about calculating compensation to employees for delaying part of the due amounts. Let us remember that it is calculated as one hundred and fiftieth of the key rate in force during the period of delay of the amount of debt for each day of delay.

A negligent employer will be required to pay compensation to the employee, but he may have a penalty debt to the budget. Fines for delaying even part of the payment of wages are provided for in Part 6 of Article 5.27 of the Code of Administrative Offences.

Their amount for the organization ranges from 30,000 to 50,000 rubles, for official- from 10,000 to 20,000 rubles, and for individual entrepreneur– from 1000 to 5000 rubles.

We should not forget about criminal liability, according to Article 145.1 of the Criminal Code. In some cases, it provides for measures up to imprisonment for the director of a company that does not pay wages.

Hello! In this article we will tell you what working conditions are considered harmful or dangerous.

Today you will learn:

1. Who can work in enterprises with hazardous working conditions (HCL);
2. How are such conditions stipulated in employment contracts?
3. What additional payments are due to working people?

What is the difference between harmful working conditions and dangerous ones?

Note that there is a serious difference between these two terms: If we talk about harmful working conditions, it means that the human body is affected by factors that can subsequently negatively affect health.

If we are talking about dangerous conditions, then we mean that harm can be caused not only to the health, but also to the life of the worker.

How to determine how harmful production is

In order to determine how harmful or dangerous production is and how these factors affect workers, workplaces are certified. This process affects all jobs that exist in the enterprise.

What if the organization has recently started its activities? In this case, certification is carried out 2 months after the start of work.

For each workplace, it is determined to what extent it complies with safety and labor protection requirements, and to what extent workers are provided with protective equipment. An assessment of working conditions in the complex is also carried out.

VUT factors

Divided into several groups. We will look at each in more detail.

Chemical.

Associated with various chemicals. mixtures, enzymes, hormones and biological substances that are obtained as a result of chemical synthesis.

Physical.

• Humidity;
• Radiation;
• Vibration;
• Dust;
• Lighting (insufficient or excessive), uneven, with pulsation.

Biological.

• Presence of microorganisms, bacteria;
• Related to biological mixtures and substances

Labor.

• Intensity of activity;
• High duration of the work process;
• Level of severity of work.

How are they classified?

It is clear that difficult working conditions can cause negative consequences of various types: loss of ability to work, exacerbation of existing diseases, acquisition of work-related diseases, and so on.

The degrees of harmful working conditions are divided as follows:

• 1st class: these are conditions that provoke various functional changes. At the same time, health is restored when a person stops contacting harmful factors;
• 2nd grade: changes in the body become sustainable and lead to the appearance of prof. diseases;
• 3rd grade: these conditions can cause loss of ability to work (albeit temporary) during activities;
• 4th grade: Such conditions provoke the development of prof. severe diseases, stimulate the development of existing diseases and can cause complete loss of ability to work.

The Russian Federation has developed and operates a list of hazardous work. It is he who is turned to when it is necessary to determine the harmfulness of working conditions in a particular industry.

List of professions with hazardous working conditions

This register is valid for the current year. Initially, it was developed and consolidated in the USSR.

It includes the following range of professions:

• Persons who work in enterprises related to the mining industry;
• Working in the field of metallurgy;
• Mining ferrous and non-ferrous metals;
• Persons employed in enterprises producing thermoanthracite, coke and coke chemicals;
• Those who produce generator gas;
• Workers creating dinas products;
• Employees of companies with chemical activities;
• Working with ammunition, gunpowder, explosives;
• Employees of oil refineries;
• Employees of gas processing enterprises;
• Persons processing coal, gas condensate and oil shale;
• Employed in metalworking enterprises;
• Persons employed in electrical production and repairing electrical devices;
• Persons engaged in the manufacture of electronics and radio equipment;
• Persons who create glass and porcelain objects;
• Citizens working with synthetic fibers;
• Employees of enterprises producing paper and pulp;
• Working in healthcare institutions;
• Transport service employees;
• Persons who deal with substances containing radioactivity;
• Carrying out activities in the field of nuclear industry and energy;
• Divers;
• Gas cutters;
• Welders who work inside the tank or compartments of the vessel;
• Persons who interact with dangerous germs;
• Specialists in etching metal in hazardous solutions;
• Specialists who clean metal with quartz sand;
• Specialists of mercury substations;
• Citizens who are employees of power plants;
• Employees of enterprises related to the food industry;
• Those involved in the restoration, repair and construction of objects;
• Employees of enterprises in the field of communication services;
• Workers of agricultural organizations interacting with agrochemicals;
• Chemical industry training specialists;
• Mining Training Specialists;
• Coal Industry Training Specialists;
• Lime slakers;
• Locksmiths;
• Vulcanizers;
• Stokers;
• Solderers;
• Machinists;
• Varnishers.

The persons listed in this list are citizens entitled to benefits.

Who cannot work in positions with VUT

There are a number of restrictions on the performance of official duties of this kind. Moreover, these restrictions are established by the legislation of the Russian Federation.

In accordance with it, restrictions apply to the following persons:

• For employees who are under 18 years of age;
• For persons with health problems;
• For females. In particular, they cannot work with mercury, in boiler rooms, in jobs where they need to manually move heavy objects, or in servicing equipment in heavy engineering enterprises.

Harmful working conditions in an employment contract

If the profession involves the possibility of causing harm to human health or life, the following points must be included:

• Information on the payment of benefits, compensation and leave to the employee;
• Information about all existing risks (with their classification);
• Information about the measures that the employer takes to preserve the life and health of its employees.

In addition to this information, the contract specifies all the guarantees that are provided to the employee.

The working hours, which are reduced, must be specified. It should not be more than 36 hours per week. Maximum daily work can last 8 hours or even 6.

How is it paid?

For persons in hazardous professions, increased wages apply. What exactly it is is determined by the employer, taking into account the opinion of the trade union organization or relying on the collective and labor agreements.

Employee Rights

Persons who work in enterprises with harmful and difficult working conditions have a number of rights and benefits.

Therapeutic and preventive nutrition, obtaining vitamins.

Food and vitamins are provided to employees absolutely free. Issued on the day that the person actually worked, or when the employee lost his ability to work, but was not hospitalized.

Meals can be provided as breakfast or lunch.

Milk.

Milk is issued free of charge if the employee writes a request for this, or the issue can be replaced with compensation if this does not contradict the collective agreement.

Passing a medical examination.

An employee engaged in dangerous and harmful work not only has the right, but also the obligation. The procedure for passing is regulated by regulatory documents.

In addition, some categories of workers are examined by a psychiatrist. It is carried out once every 5 years. It is usually carried out if a person works with harmful substances or with sources that pose an increased danger.

Availability of PPE.

The employer provides special clothing, shoes, disinfectants and cleaning agents. All this is at his expense, and is free for employees. In addition, he is obliged to ensure that clothes are washed, dried, and replaced.

Granting a pension before the appropriate age.

Men who are 50 years old and women who are 45 years old have the right to retire early. In this case, it is taken into account the conditions under which they carried out their labor activity. If a person worked in a hot shop or other jobs with harmful or difficult working conditions, he can take advantage of this right.

Persons of what professions can apply for preferential pension, let's look at it further.

The Pension Fund of the Russian Federation may require a certificate confirming the harmfulness of the profession. It must be taken at the place of work.

Leave for hazardous working conditions

To receive this leave, a person’s workplace must be classified as hazard class 2, 3 or 4. Then this right is prescribed immediately upon concluding an employment contract.

If workplace certification was carried out before 2014, such employees may also qualify for.

Any employee has the right to know whether the working conditions in which he works are harmful. To do this, after the certification, management familiarizes all employees with its results against signature.

When determining the duration of such leave, it must be taken into account that it cannot be less than seven calendar days. But you can set a larger number of days on an individual basis.

To main and additional leave it was possible to formalize, initially they develop a vacation schedule, which is logical. The manager decides whether it will contain specific dates, or whether only the month in which the employee will go on vacation is indicated.

If the employee performing hazardous work, is in specific organization part-time worker, he also has the right to additional vacation. But its duration will be calculated based on how much he actually worked in production with harmful or dangerous working conditions.

Cannot replace additional vacation with financial compensation. Payment of compensation is allowed only if the person did not use his vacation. Then he will receive the money.

Conclusion

Dear readers! Today we tried to talk in as much detail as possible about harmful and dangerous working conditions. We also looked at how to conclude an agreement with employees working in difficult conditions, and what to include in it.

We hope that this article will be useful and help managers avoid making mistakes.

10.24.2019, Sashka Bukashka

Compensation for harmful working conditions of the Labor Code of the Russian Federation is payments established by law to employees working in special conditions. Let's take a closer look at them.

Legal regulation of the issue

Working conditions in which there are factors that negatively affect the health of workers are considered harmful. That is, if the production does not meet the established criteria (lighting, hygiene, load, operating mode, chemical and biological hazards, etc.), then such production is recognized as dangerous or harmful. The hazards and class of working conditions are determined only when carrying out a special assessment. This is a regulated procedure carried out by special licensed organizations. And it is the responsibility of every employer to conduct such a special assessment.

The legislation provides for special guarantees and compensation for harmful working conditions under the Labor Code of the Russian Federation, but not only in the code. The amounts and procedure for providing benefits are set out in the following regulations:

1. Articles, and Labor Code of the Russian Federation.
2. Law of December 28, 2013 No. 436-FZ regarding the conduct of a special assessment.
3. Government Decree No. 188 dated February 29, 2002 defines a list of types of activities and professions that are classified as dangerous or harmful.

Specific conditions for the provision of benefits “for harmfulness” are fixed in the local administrative documents of the organization (collective agreement, labor agreement and other documents).

What are the occupational hazard factors?

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

They are divided into several groups:

1. Harmful factors of the labor process: physical dynamic load, the mass of the load lifted and moved manually, stereotypical working movements, static load, working posture, body tilts, etc.
2. Chemical factors: working with chemicals considered harmful. These are allergens, carcinogens, asbestos, clay, cement, aerosols, ore and many other substances that chemical composition capable of causing harm to humans.
3. Biological factors: working with infections, viruses, microorganisms, toxins, and so on.
4. Physical factors: various types of radiation, vibrations, noise, ultra- and infrasounds, temperature conditions, light, pressure, gravity and so on.

For workers who work with these factors, it is mandatory (which doctors to see and how often - it is written in the same order of the Ministry of Health).

Depending on the factors of hazardous production and the classes of working conditions based on the results of the special assessment, the employee receives compensation and additional payments.

Hazard classes at work

There are 4 main classes, but there are also subclasses. They are described in article 14 Federal Law No. 426-FZ.

For convenience, we have listed them in a table:

Types of guarantees and compensation “for harmfulness”

The Labor Code guarantees the following benefits:

• reduction of working hours (no more than 36 hours per week);
• provision of additional (from 7 calendar days);
• surcharges to official salary, including regional coefficients;
• provision of free treatment and (or) health improvement, medical examinations (can be provided after the dismissal of an employee or after retirement);
• Providing the employee with free consumables (uniforms, etc.).

Some industries provide for the issuance of dairy products (Article 222 of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development of the Russian Federation No. 45n). Let us remind you that the cost of milk for calculating compensation for harmfulness is determined at the rate of 0.5 liters per shift per employee.

For pensioners who worked in harmful or dangerous industries, in addition to compensation, significant compensation is provided.

IMPORTANT! The law defines a list of persons who do not have the right to work under harmful or dangerous working conditions.

These include:

• employees with health problems;
• pregnant women and women with children under 1.5 years old.

Additionally, a separate list of prohibited industries and professions has been established for women.

Reducing the time spent working in hazardous working conditions

Article 92 of the Labor Code states that harmful workers have their working hours reduced.

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

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

Milk is harmful

The Labor Code states that a number of workers must be given milk as harmful (or other equivalent food products). The norm for such distribution is 0.5 liters per work shift of any duration.

Milk is not given to everyone, but only to those employees who work with harmful factors established by Order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n. The list includes:

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

Download the full list of factors under which you should receive , at the end of the article.

Instead of issuing milk directly, it is common to pay monetary compensation for milk for harmfulness, so that the employee can buy products for himself that reduce the harmful effects on the body.

Additional leave for harmful activities

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

It is important to understand 3 points about such compensation as additional. vacation:

1. Only based on the results of a special assessment of working conditions, an employee is recognized as a “harmful.” And only then is he entitled to additional vacation and other benefits and compensation.
2. The duration of this labor leave is specified in the employee’s employment contract.
3. Additional leave cannot be given in cash (even if the employee himself really wants it). Be sure to take him for a walk! True, we are only talking about a minimum of 7 days. If there is additional vacation of more than 7 days, then it is already allowed to take it in money (this is a replacement of vacation with monetary compensation).

Additional payment for hazardous working conditions

Now let's look at Article 147 of the Labor Code of the Russian Federation. It says:

“The minimum increase in wages for employees engaged in work with harmful and (or) dangerous working conditions is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions.”

That is, the additional payment is at least 4% of the salary. The employer has the right to pay more, and 4% is the mandatory minimum wage along with other compensation.

How to achieve the required payments, benefits and compensation

Often employers shy away from providing the required benefits “for harmfulness”. What should employees do in this case:

1. Draw up a collective complaint together with the organization’s trade union. In your appeal, indicate in detail the norms of the current legislation that the employer is violating, describe the harmful working conditions with which you work, and voice the requirements for eliminating the violations. The claim must be submitted to the employer against signature or by registered mail.
2. If the issue is not resolved and the employer does not correct the identified violations, . In response to the appeal, an inspection will begin, as a result of which a decision has been made on violations of the law in relation to employees.
3. To receive compensation for past periods, you will have to go to court. The statement of claim will have to be accompanied by evidence (statements, orders, employment contracts, witness testimony) confirming the fact of violations and failure to provide statutory benefits and compensation for hazardous work.

Russian legislation establishes the right of workers in hazardous industries to receive various compensations, benefits and salary increases, designed to partially compensate for the health lost from exposure to an unfavorable environment. Let's consider what additional payment for hazardous working conditions in 2019 is due to workers in hazardous working conditions.

Classification of working conditions in the workplace

Workplace may cause harm to an employee if there is a negative factor associated with production activities, which penetrates directly into the body or has an effect through wave radiation. Health deteriorates over time, and an occupational disease or injury appears that prevents a normal life and/or the birth of healthy children.

Some harmful factors have little effect on the body, others have a weak effect, and others significantly worsen health and well-being. In this regard, harmful working conditions are usually divided into classes and subclasses, depending on the level of exposure to humans. The basis for the assessment is the conditions in which the employee feels good.

Assessing working conditions State inspection on labor protection. The size and procedure for assigning benefits, compensation and additional payments to an employee depends on what degree it assigns to a particular workplace.

In total, there are 4 classes of harmful effects on humans of working conditions:

The most common is the 3rd class of harmfulness, and it includes many factors that negatively affect humans, and therefore it is divided into several subclasses:

Working under what conditions is considered harmful?

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

• concentrations of microorganisms, bacteria, chemicals in the air;
• brightness of light;
• effects on the human body of magnetic and electric fields;
• x-ray examination;
• UV radiation and IR radiation;
• sound and ultrasound vibrations;
• exposure to external conditions (wind force, temperature and humidity);
• tension during work, leading to too much stress on the central nervous system and sensory organs;
• severity of work (high physical activity).

For work under what working conditions compensation is due?

In 1974, in order to preserve the health of the working class, a List of professions, industries, workshops and positions was developed, which are now generally considered harmful to the health of employees (other professions have now been added to the List). From the same year, procedures were established for additional payments to the salaries of workers forced to work under the influence of the negative impact of various factors of production.

If the specialty is on the List of Particularly Hazardous Workplaces, a salary increment is awarded without prior certification.

Peculiarities of remuneration in harmful and dangerous production

All employees performing job responsibilities in hazardous working conditions, they may qualify for a salary increase if the additional payment was approved upon completion of the certification of the enterprise before the beginning of 2014 (then the standards for mandatory testing of hazardous production were relevant).

At the moment, another law is in force, replacing the need for certification with an assessment of working conditions. In addition, employers received the right not to inspect the enterprise for hazardous conditions (except for production facilities requiring unscheduled inspections of the working environment) if the workplace assessment was carried out less than 5 years ago.

Additional payment for hazardous working conditions in 2019: amount

The employer has the right to increase the salary supplement at his discretion, provided that its amount does not fall below the norms of the Labor Code.

Funds for accruing additional payments to employees are deducted from the employer’s insurance contributions at the rates established by insurance organizations. In certain regions of the Russian Federation, there are special increased tariffs approved due to difficult natural conditions.

The minimum amount of additional payment for work in hazardous conditions is 4% of the salary of employees working in normal conditions.

The amount of the surcharge is calculated using the formula:

Airborne Forces = ZRN x NK,

where VDV is the amount of additional payment for harmfulness;

ZRN – wages of workers under normal conditions;

NK – extra coefficient.

Procedure for calculating additional payment for hazardous working conditions

When assigning additional pay for work in hazardous conditions, employers must be guided by the Model Regulations on the Assessment of Working Conditions. Next, the premium is calculated according to the following scheme:

1. A commission is being held to identify the hazard class.
2. The class is converted into points in the following order:
   
3. The actual duration of the negative impact of harmful factors on humans is calculated.
4. The bonus is calculated for each employee individually, based on the totality of factors negatively affecting his or her organization. The following indicators are taken into account:
   

How to get surcharge for harmful conditions

Upon employment, the employee must be familiar with the collective agreement and local documents, containing the conditions for calculating additional payments. Additional payments will be made in the prescribed manner - no additional actions need to be taken, the bonuses will be paid along with the salary automatically.

If the employer has not assigned additional payments, and the employee suspects that he is entitled to it, or the bonus has been unlawfully reduced, the employee has the right to contact the department of Rostrud and the labor inspectorate in the region where the enterprise is located and file a complaint, presenting:

• work book with a record of employment.

When the hazard surcharge can be canceled

After the adoption of the new law, from 2014 the lower limit of acceptable harmfulness indicators was increased, and therefore many employees lost their bonuses.

If the company's management takes measures to completely eliminate or reduce the negative impacts of various harmful production factors, the payment of salary bonuses may be revised. If it is possible to reduce the harmful impact of the work environment on the employee, the surcharge rate can be reduced. If the harm has been completely eliminated, employees will lose additional payments.

Legislative acts on the topic

Common mistakes

Error: The employer established the value of the hazard bonus without discussing this issue with the organization's trade union.

According to Article 147 of the Labor Code, wages for persons employed in these jobs must be set at increased rates. The minimum amount of salary increase and other benefits for the mentioned employees are determined by a decree of the Government of the Russian Federation*.

*fast. Government of the Russian Federation dated November 20, 2008 No. 870

This document provides that workers employed in harmful, difficult and dangerous working conditions:

Shortened working hours are established (no more than 36 hours per week);

Annual additional paid leave is provided (at least 7 calendar days);

The salary also increases (by no less than 4% of the tariff rate (or salary) established for various types of work with normal conditions).

These are the minimum guarantees. The company has the right, for example, to increase minimum size compensation for hazardous work, as well as determine other, more advantageous guarantees. These compensations are provided only based on the results of workplace certification.

Expert opinion

According to Decree of the Government of the Russian Federation dated November 20, 2008 No. 870, compensation for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions is established based on the results of workplace certification. According to Article 219 of the Labor Code, if safe working conditions are provided at workplaces, confirmed by the results of certification of workplaces for working conditions or the conclusion of a state examination of working conditions, compensation for workers is not established. The fact that any type of work is named in the list does not matter. If working conditions are found to be harmful or dangerous based on the results of certification, then compensation is established.

I. Morozov, expert of the Legal Consulting Service GARANT,

A. Kikinskaya, reviewer of the Legal Consulting Service GARANT

The responsibility to determine the conditions for providing these compensations was assigned by the Government of the Russian Federation to the Ministry of Health and Social Development of Russia. Today this department necessary documents not approved yet. Therefore, until now, the company needs to apply previously adopted regulatory legal acts (to the extent that does not contradict the Labor Code of the Russian Federation and the specified resolution of the Government of the Russian Federation). These documents include the Standard Regulations on the Assessment of Working Conditions at Workplaces and the procedure for applying sectoral lists of work, which may establish additional payments to workers for working conditions*.

*attachment to post. State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 10/03/1986 No. 387/22-78

According to paragraph 1.7 of this provision, additional payments for work in difficult and harmful working conditions (especially difficult or harmful) “are established for specific jobs and are accrued to workers only for the period of actual employment in these places.”

Example

ZAO Salyut has a five-day, 40-hour work week (8 hours a day) with two days off (Saturday and Sunday). The standard working time in February of this year is 159 hours. Of these, company employee Ivanov worked 140 hours in hazardous conditions, which was confirmed by workplace certification.

According to the regulations on remuneration, earnings for work in hazardous conditions increase by 4% of the hourly (daily) rate or salary.

Situation 1

Ivanov has an hourly tariff rate of 225 rubles/hour.

Ivanov’s salary for February will be:

225 rub./hour × 159 hours = 35,775 rub.

225 rubles/hour × 140 hours × 4% = 1260 rubles.

35,775 + 1260 = 37,035 rub.

Situation 2

Ivanov’s salary was set at 36,000 rubles. In this case, to calculate additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the number of hours according to the schedule of the corresponding month.

Ivanov’s hourly tariff rate in February will be:

36,000 rub. : 159 hours = 226.42 rubles/hour.

Compensation for work in hazardous conditions will be:

226.42 rubles/hour × 140 hours × 4% = 1268 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 1268 = 37,268 rubles.

Situation 3

Ivanov’s salary was set at 36,000 rubles. In this case, to calculate additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the average monthly number of working hours per year.

The average monthly number of working hours this year will be:

1986 h: 12 months = 165.5 hours

The hourly tariff rate will be equal to:

36,000 rub. : 165.5 hours = 217.52 rubles/hour.

Compensation for work in hazardous conditions will be:

217.52 rubles/hour × 140 hours × 4% = 1218 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 1218 = 37,218 rubles.

The Labor Code does not establish the procedure for remuneration for piece workers in harmful or dangerous conditions. Therefore, it can be paid by general principles in a manner similar to payment for overtime work or work on a weekend (holiday). Products produced in harmful or dangerous conditions may be paid at increased piece rates.

The minimum size of their increase should be 4 percent of prices for the same products produced under normal conditions. If work cannot be carried out during the period of time in harmful (dangerous) conditions, the additional payment to the piece worker can be calculated using the formula:

Example

Ivanov, a worker at ZAO Salyut, works on a piece-rate wage system. According to the wage regulations adopted by the company, work in harmful or difficult conditions, confirmed by certification of workplaces, is paid at an increased rate. The increase is 4% of the piece rate for similar products produced under normal conditions, or the hourly tariff rate.

Situation 1

The piece rate is 80 rubles. per unit of finished product, production rate - 3 units/hour. During March, Ivanov produced 525 units of finished products, including 24 units as a result of labor in difficult and dangerous conditions.

It for March will be:

525 units × 80 rub./unit + 24 units × 80 rub./unit × 4% = 42,077 rub.

Situation 2

The piece rate is 4,000 rubles. per unit of finished product. At the same time, in March, Ivanov produced 8 units of finished products (including when working in harmful and difficult conditions).

The number of hours worked by Ivanov in March is 167. The number of hours worked by Ivanov in harmful and difficult conditions is 48.

For manufactured products, Ivanov should be credited with:

8 units × 4000 rub. = 32,000 rub.

For work in hazardous conditions, he is awarded an additional payment in the amount of:

8 units × 4000 rub. : 167 hours × 48 hours × 4% = 368 rub.

Ivanov’s total salary will be:

32,000 + 368 = 32,368 rubles.

In addition, we note that employees who are employed in work with harmful or dangerous conditions have a number of other additional benefits. Thus, for them the working time is no more than 36 hours per week*.

*Art. 92 Labor Code of the Russian Federation

In this case, the maximum permissible duration daily work(shifts) should not exceed 36 hours working week 8 hours, and with a 30-hour work week or less - 6 hours. Meanwhile, the collective agreement may provide for an increase in daily work hours, provided that the maximum weekly working hours and hygienic standards for working conditions are met*.

*Art. 94 Labor Code of the Russian Federation

To prevent or reduce workers' exposure to harmful and hazardous production factors, as well as to protect against pollution, use appropriate personal and collective protective equipment (PPE) *. The employer, at his own expense, ensures the timely issuance of personal protective equipment, as well as their storage, washing, drying, repair and replacement**. Please note that all issued personal protective equipment must be certified or undergo a declaration of conformity***.

*Art. 209 Labor Code of the Russian Federation

**st. 221 Labor Code of the Russian Federation

***st. 221 Labor Code of the Russian Federation; fast. Gosstandart of Russia dated June 19, 2000 No. 34

In jobs with hazardous working conditions, workers should be given free milk or other equivalent food products, and in particularly harmful conditions, they should be provided with therapeutic and preventive nutrition. Labor legislation allows employers to provide employees (upon their written requests) instead of milk with compensation in an amount equivalent to the cost of milk or other equivalent food products*.

* Art. 222 Labor Code of the Russian Federation

Based on materials from the reference book "Salaries and other payments to employees"
edited by V. Vereshchaki