Article 117 of the Labor Code of the Russian Federation: annual paid holidays

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of special assessment working conditions are classified as hazardous working conditions of 2, 3 or 4 degrees or hazardous working conditions.

The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and collective agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave that exceeds the minimum duration of this leave established by part two of this article may be replaced by a separately established one. monetary compensation in the manner, in the amounts and on the terms established by the industry (inter-industry) agreement and collective agreements.

Commentary to Art. 117 Labor Code of the Russian Federation

1. The Government of the Russian Federation in Resolution No. 870 of November 20, 2008 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions Labor" instructed the Ministry of Health and Social Development of Russia within 6 months after entry into force of this document establish, in accordance with the regulation of social and labor relations, reduced working hours for these employees, the minimum duration of annual additional paid leave, minimum size increases in wages, as well as the conditions for providing these compensations (depending on the class of working conditions and taking into account the opinion of the Russian Tripartite Commission).

2. Until the entry into force of such an act, the previous procedure for establishing reduced working hours for employees employed in unfavorable working conditions continues to apply.

3. The duration of additional leave is established differentially (from 6 to 36 working days) according to the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298-P/22 (see also commentary to Article 92 of the Labor Code of the Russian Federation).

4. For certain categories of employees (for example, medical and veterinary workers; persons injured as a result of the disaster at the Chernobyl nuclear power plant, etc.), the right to additional paid leave arises on the basis of other regulatory legal acts.

Thus, additional leave is provided to persons working in areas exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant (see Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” // Russian Air Force. 1992. N 32. Art. 1861).

Second commentary to Article 117 of the Labor Code

1. From Part 1 of Art. 117 the word “irremovable” is excluded. This seems justified, since the presence of the adverse effects of harmful and (or) dangerous working conditions in itself should already serve as a basis for the introduction of protective and compensation mechanisms that protect the employee, regardless of whether they could be eliminated or not.

Part 2 of the commented article has been completely changed. It provides for the establishment of a minimum duration of annual additional paid leave for hazardous working conditions and the conditions for its provision in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The lists of industries, works, professions and positions in which work gives the right to such additional leave, which were named in the previous edition of this article, are not mentioned in its new edition. This does not mean that such lists are not needed and will not exist. Only they will no longer be approved by the Government of the Russian Federation. The existing acts on this issue have not yet been repealed.

2. The right of employees to annual additional paid leave in accordance with Art. 117 of the Labor Code of the Russian Federation is implemented primarily in accordance with the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of October 25, 1974 N 298/ P-22 (separate publication. M.: Economics, 1977). Subsequently, the List was repeatedly supplemented.

Resolution of the State Labor Committee of the USSR and the All-Russian Central Council of Trade Unions dated November 21, 1975 N 273/P-20 approved the Instructions on the procedure for applying the List. By decision of April 15, 2004 N GKPI2004-481, the Supreme Court of the Russian Federation invalidated a number of provisions of this Instruction // Bulletin of the Ministry of Labor of the Russian Federation. 2004. N 11.

The List contains the names of professions and positions of workers in production and workshops performing work directly provided for in the List. In the section general professions For all industries, those that give the right to leave are indicated, regardless of the workshop or production in which the employee is employed. The duration of annual additional paid leave in the List is indicated for each profession, position - from 6 to 36 working days. The duration of this leave cannot be reduced, but can be increased by agreement, collective agreement, or local act.

3. In addition to the employees mentioned in the List, employees specified in other regulatory legal acts have the right to additional annual paid leave due to harmfulness and (or) dangerous working conditions.

The following have the right to additional annual leave on the same basis:

1) workers in the coal, shale industry and mine construction (see paragraph 3 of clause 1 of the Resolution of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 N 647 “On increasing the duration of vacations for workers in the coal, shale, mining industry and certain basic industries national economy» // SP USSR. 1990. N 16. Art. 85). Its duration depends on the time of work in underground conditions, in open-pit mines, quarries (in calendar days);

2) employees of enterprises, institutions and organizations of the state and municipal healthcare systems that diagnose and treat HIV-infected people, as well as persons whose work is related to materials containing the human immunodeficiency virus (see Article 22 Federal Law dated March 30, 1995 N 38-FZ “On preventing the spread in Russian Federation disease caused by the human immunodeficiency virus (HIV infection)” // SZ RF. 1995. N 14. Art. 1212);

3) psychologists who work directly and full-time with mental patients, medical managers (with irregular working hours) of psychiatric (psychoneurological), neurosurgical, drug treatment and preventive institutions, departments, wards and offices, nursing homes (departments) for the mentally ill and their deputies, as well as chief psychiatrists of health authorities directly involved in the provision of psychiatric care (see paragraph 1 of the Resolution of the Ministry of Labor of the Russian Federation of July 8, 1993 N 133 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 6. P. 46, agreed with the Ministry of Finance of the Russian Federation and the Ministry of Health of the Russian Federation and adopted in accordance with paragraph 3 of the Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision” // SAPP RF 1993. N 18. Art. 1602);

4) medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis (see Article 15 of the Federal Law of August 18, 2001 N 77-FZ “On preventing the spread of tuberculosis in the Russian Federation” // SZ RF 2001. N 26. Art.

5) for performance job responsibilities employees in hazardous conditions customs authorities(see Rules for granting employees of the customs authorities of the Russian Federation additional leave for performing official duties in harmful conditions, approved by Decree of the Government of the Russian Federation of February 15, 1998 N 189 // SZ RF. 1998. N 8. Art. 951).

4. The right to annual additional paid leave for work with harmful and (or) dangerous working conditions is enjoyed only by employees directly working in the relevant conditions.

The length of service that gives the right to additional leave for work with harmful and (or) dangerous conditions includes only the time actually worked under these conditions (see Article 121 of the Labor Code of the Russian Federation).

New edition Art. 117 Labor Code of the Russian Federation

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.

The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.

Commentary on Article 117 of the Labor Code of the Russian Federation

Those employees who are employed in work with harmful and (or) dangerous working conditions have the right to additional paid leave (Article 117 Labor Code RF).

Another comment on Art. 117 Labor Code of the Russian Federation

1. Additional leaves for persons employed in work with harmful and (or) dangerous working conditions are among the most important social guarantees provided to employees by labor legislation. They extend to wide circle workers in various industries.

2. While the conditions for providing additional leave to employees engaged in work with harmful and (or) dangerous working conditions, and its minimum duration in the manner established by Part 2 of Art. 117 of the Labor Code, not defined, continues to be in effect. The List of production facilities, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Customs Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974. The procedure for providing additional vacations are regulated by the Instruction approved by the Decree of the State Committee of Labor of the USSR and the All-Union Central Council of Trade Unions of November 21, 1975 N 273/P-20.

Leave is granted only to those employees whose professions and positions are listed in the sections of the List related to certain industries and workshops. If the organization has a workshop mentioned in the List, then the relevant employees of this workshop may apply for additional leave for harmful working conditions, regardless of the organizational and legal form of the organization. In cases where the List does not indicate a workshop, but the name of the work (for example, forging, welding), additional leave should be provided to employees performing such work in any workshop and in any production.

3. The basis for granting additional leave for harmful working conditions is special length of service. About the order of calculation length of service, giving the right to annual additional paid leave for work with harmful and (or) dangerous working conditions, see Part 3 of Art. 121 of the Labor Code of the Russian Federation and commentary to it.

4. The duration of additional leave depends on the degree of harmfulness of working conditions and ranges from 6 to 36 working days. If an employee has worked in jobs with varying degrees of harmfulness, leave is granted in proportion to the time worked in each hazardous job.

5. Special rules for granting leave for hazardous working conditions are provided for workers in the coal, shale, mining industries and certain basic sectors of the economy (Resolution of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 N 647). Additional leave for underground work, harmful and difficult working conditions in organizations of the coal and shale industry and in mine construction consists of two parts: additional leave for dangerous and harmful working conditions and additional leave for exposure to specific hazardous factors - coal, asbestos dust, elevated temperature air, gas pollution, vibration, etc. (for each harmful factor separately). This procedure was later extended to a number of other industries.

6. Medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, have the right to additional paid leave of 12 working days (Article 15 of the Federal Law dated June 18, 2001 N 77-FZ "On preventing the spread of tuberculosis in the Russian Federation").

7. Resolution of the Ministry of Labor of the Russian Federation of July 8, 1993 N 133, which established additional leave for work in hazardous working conditions for medical and other personnel involved in the provision of mental health care, also continues to apply. Additional leave for work under hazardous working conditions of 30 working days is provided to psychologists and physiologists who work directly and full-time with mentally ill people, to medical directors of psychiatric (psychoneurological), neurosurgical, drug treatment and preventive treatment institutions, departments, wards and offices, homes disabled people (departments) for the mentally ill and their deputies, as well as chief psychiatrists of health authorities directly involved in the provision of mental health care.

1. Part 1 of Article 117 of the Labor Code of the Russian Federation determines which working conditions, work in which gives the right to additional paid leave, are classified as harmful and (or) dangerous. This includes underground mining, open-pit mining in open pits and quarries, work in zones of radioactive contamination and other work associated with the adverse effects on human health of harmful physical, chemical, biological and other factors.

2. According to Part 2 of the commented article, the minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations.

The Government of the Russian Federation, by its Resolution of November 20, 2008 N 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions” ( RF 2008. N 48. Art. 5618) determined that the following compensations are established for employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions:

reduced working hours - no more than 36 hours per week in accordance with Art. 92 TK;
annual additional paid leave - at least 7 calendar days;
increase in wages - at least 4% of the tariff rate (salary) established for various types of work with normal working conditions.

Called the Decree to the Ministry of Health and social development The Russian Federation was instructed, within 6 months after the entry into force of this Resolution, to establish, depending on the class of working conditions and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, reduced working hours, the minimum duration of annual additional paid leave, the minimum amount of increase in wages, as well as the conditions for the provision of these compensations.

Currently, before the adoption of the relevant regulatory legal acts of the Ministry of Social Health Development of Russia, one should be guided by the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P-22, with subsequent amendments and additions (M.: Economics, 1977). The procedure for applying the List is determined by the Instructions, approved. Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 N 273/P-20 (see also commentary to Article 92).

Employees of professions whose positions are provided for in production and workshops in the relevant sections of the List have the right to additional paid leave, i.e. directly performing work directly provided for in the List. It also contains a list of general occupations for all industries. In this case, it does not matter in which workshop or production the employee is employed. The duration of leave is established in the List for each job, position and ranges from 6 to 36 working days.

Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of July 2, 1990 N 647 (SP USSR. 1990. N 16. Art. 85) for workers of industrial production personnel in the coal, shale, mining industries and some other basic industries, along with additional leave for work with harmful working conditions, additional leave has been introduced for work in underground conditions, in open-pit mines, and quarries, lasting from 4 (in accordance with the Decree of the Government of the Russian Federation of November 20, 2008 N 870 - from 7) to 24 calendar days. Both additional leaves are provided on the basis of a special List, approved. as an annex to the Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of July 2, 1990. It lists the types of production, work, names of professions and positions, and for each of them the duration of additional leave for work in underground conditions, in open pits, quarries, as well as maximum duration of additional leave for work with hazardous working conditions. In this case, the duration of additional leave for work with hazardous working conditions is determined depending on the presence of harmful production factors, each of which is compensated by additional leave of a certain duration. When exposed to several harmful factors, the duration of additional leave for each of them is summed up. In general, it should not exceed the maximum duration of additional leave specified in the List on this basis for certain types of work, professions, positions.

4. The Chernobyl Law provides for the provision of additional paid leave to citizens working in areas exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant. These additional leaves are actually established in connection with unfavorable working conditions in such territories, although they are provided in addition to additional leaves for work with harmful working conditions. Their duration varies depending on which zone a particular territory belongs to, and on the time of residence (work) in it.

5. Employees of healthcare organizations diagnosing and treating HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus, additional leave for work in conditions hazardous to health are taken into account when establishing annual paid leave of 36 working days ( Clause 4 of the Decree of the Government of the Russian Federation of April 3, 1996 N 391 “On the procedure for providing benefits to employees exposed to the risk of contracting the human immunodeficiency virus during the performance of their official duties.” The list of employees who are entitled to this leave and the conditions for its provision are established by the Decree. Ministry of Labor of Russia dated August 8, 1996 N 50 // BNA RF 1996. N 6).

6. Medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, have the right to additional paid leave (Article 15 of the Law on Preventing the Spread of Tuberculosis. See . also Decree of the Government of the Russian Federation of December 25, 2001 N 892 “On the implementation of the Federal Law “On preventing the spread of tuberculosis in the Russian Federation” // SZ RF. 2001. N 53 (part II). Art. 5185).

7. The duration of additional paid leave provided for in the List in relation to a particular job or position is the minimum guarantee for an employee of any organization employed in this job.

Part 4 of Article 117 of the Labor Code of the Russian Federation states that in a collective agreement or local regulatory act, employees engaged in work with harmful and (or) dangerous working conditions may be granted additional paid leave of a longer duration.

In the library sector, representatives of administrative bodies and the trade union committee are developing amendments to the collective agreement, according to which all employees of the system are entitled to an additional 9-day paid leave. Do these amendments comply with the norms of the Labor Code of the Russian Federation?

Lawyer's answer:

According to Art. 116 of the Labor Code of the Russian Federation, employers have the right to independently determine the duration of additional leaves for staff. Their regulation is carried out by collective agreements or local legal acts, which are adopted taking into account the position of the trade union committee. Thus, contradictions with the Labor Code of the Russian Federation in in this case No.

Question

I need additional leave for health reasons. Under what conditions could I count on him?

Lawyer's answer:

Additional leave should not be granted for less than 3 days, but there are no restrictions on increasing leave.

Question

I work in a call center as a customer service manager. Payment is based on the number of calls processed. When applying for a job, I was informed that due to piecework payment, sick leaves and vacations (annual and educational) were not subject to payment. Is this true?

Lawyer's answer:

For all officially employed persons, regardless of the form of payment for their work, the employer is obliged to pay annual leave (Articles 114-115 of the Labor Code of the Russian Federation). If necessary, the employer also pays sick leave(Article 183 of the Labor Code of the Russian Federation), additional leave (Article 116-119 of the Labor Code of the Russian Federation) and study leave(Article 173, 173.1, 174, 176 of the Labor Code of the Russian Federation).

Question

For an officially registered employee of a Moscow private security company who has 3 years of work experience in the company, the employment contract establishes the following work schedule: 15 days every 15 (rotation shift). Does this employee have the right to receive paid leave (or monetary compensation in case of non-use)?

Lawyer's answer:

According to Art. 122 of the Labor Code of the Russian Federation, paid vacations must be provided to employees annually, while in the first year of work such a right arises after 6 months from the date of hiring, in subsequent years - on the basis of the schedule in force at the enterprise. Based on Art. 115 of the Labor Code of the Russian Federation, the duration of such leave is 28 calendar days. According to clause 7.1 of the Basic Provisions governing the rotational method of organizing work (approved by Decree of the USSR State Committee for Labor No. 794/33-82 of December 31, 1987), the employer’s responsibility is to provide annual paid leave to employees engaged in work of a rotational nature only after using the inter-shift period rest. Concurrence of these rest periods is not allowed.

Question

Is an employee entitled to additional leave in the event of liquidation (11/28/2014). And the vacation is scheduled for December 1, 2014.

Lawyer's answer:

Additional leave is not allowed.
You can write an application to reschedule vacation dates with a request to provide it to you in October with subsequent dismissal. Or, upon dismissal, you will already receive compensation for unused regular annual paid leave.

Question

How can you properly get time off from work? Or is it the employer's right? I wanted it, I gave it time off, I wanted it, I didn’t give it.

Lawyer's answer:

Does not exist in labor legislation this concept. But at the same time, you can get an additional day off if you worked on your legal day off (Article 153 of the Labor Code of the Russian Federation), overtime also serves as a reason for an additional day off (Article 152 of the Labor Code of the Russian Federation). If you have a valid reason or family circumstances, the legislator indicates that you can get an additional day off by writing a written statement and indicating the reason. The duration of such a day off is determined by agreement between both parties, and such days off are given without saving wages employee. In the event of a wedding, the employer, upon written application of the employee, must provide five days leave without pay.

Question

I work under hazardous working conditions. The employment contract states that for this I receive an additional payment to my salary in the amount of 20% of the salary. But they pay less. I'm about to quit. After dismissal, can I demand compensation through the court that was not paid to me?

Lawyer's answer:

You can still go to court to consider an individual labor dispute in accordance with Art. 391 and Art. 392 of the Labor Code of the Russian Federation.

New edition of Art. 117 Labor Code of the Russian Federation

Commentary on Article 117 of the Labor Code of the Russian Federation

Those employees who are employed in jobs with harmful and (or) dangerous working conditions have the right to additional paid leave (Article 117 of the Labor Code of the Russian Federation).

Another comment on Art. 117 Labor Code of the Russian Federation

1. Additional leaves for persons employed in jobs with harmful and (or) dangerous working conditions are among the most important social guarantees provided to employees by labor legislation. They apply to a wide range of workers in various industries.

3. The basis for granting additional leave for harmful working conditions is special length of service. On the procedure for calculating length of service, which gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions, see Part 3 of Art. 121 of the Labor Code of the Russian Federation and commentary to it.

8. Replacement of additional leave provided to employees engaged in work with harmful and (or) dangerous working conditions for work in appropriate conditions with monetary compensation is not allowed, except in cases of dismissal (see Part 3 of Article 126 of the Labor Code of the Russian Federation and commentary to her).

Article 117 of the Labor Code of the Russian Federation. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Article 117 of the Labor Code of the Russian Federation with comments and amendments of 2017.

The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.

Commentary on Article 117 of the Labor Code of the Russian Federation:

reduced working hours - no more than 36 hours per week in accordance with Art. 92 TK;
annual additional paid leave - at least 7 calendar days;
increase in wages - at least 4% of the tariff rate (salary) established for various types of work with normal working conditions.

The said Decree instructed the Ministry of Health and Social Development of the Russian Federation, within 6 months after the entry into force of this Decree, to establish, depending on the class of working conditions and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, workers engaged in heavy work, work with hazardous and (or) dangerous and other special working conditions, reduced working hours, the minimum duration of annual additional paid leave, the minimum amount of increase in wages, as well as the conditions for the provision of these compensations.

6. Medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, have the right to additional paid leave (Article 15 of the Law on Preventing the Spread of Tuberculosis. See . also Decree of the Government of the Russian Federation of December 25, 2001 N 892 “On the implementation of the Federal Law “On preventing the spread of tuberculosis in the Russian Federation” // SZ RF. 2001. N 53 (part II). Art. 5185).

7. The duration of additional paid leave provided for in the List in relation to a particular job or position is the minimum guarantee for an employee of any organization employed in this job.

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is provided to employees, conditions

labor in workplaces which, based on the results of a special assessment of working conditions, are classified as

harmful working conditions of 2, 3 or 4 degrees or dangerous working conditions.

Minimum duration of annual additional paid leave

for employees specified in part one of this article is 7 calendar days.

The duration of the annual additional paid leave for a specific

the employee is established by an employment contract on the basis of industry (inter-industry)

agreement and collective agreement, taking into account the results of a special assessment of working conditions.

Based on industry (inter-industry) agreement and collective agreements, and

also the written consent of the employee, formalized by concluding a separate agreement with

employment contract, part of the annual additional paid leave that exceeds

the minimum duration of this leave established by part two of this

article may be replaced by separately established monetary compensation in the manner

in the amounts and on the terms established by the industry (inter-industry) agreement and

Commentary to Art. 117 Labor Code of the Russian Federation

1. Additional paid leave is a way to compensate employees for harmful and dangerous working conditions. The basis for its provision is the results of a special assessment of working conditions in the workplace, carried out in accordance with the Federal Law “On Special Assessment of Working Conditions”. Working conditions according to the degree of harmfulness and danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions, and harmful working conditions (class 3) are divided into four subclasses: subclass 3.1 (harmful working conditions of the 1st degree), subclass 3.2 (harmful conditions labor 2nd degree), subclass 3.3 (harmful working conditions 3rd degree), subclass 3.4 (harmful working conditions 4th degree). Hazardous working conditions (class 4) are working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease during labor activity. The right to annual additional paid leave is given to those employees whose working conditions are classified, based on the results of a special assessment, as hazardous working conditions of 2, 3, and 4 degrees of harmfulness or hazardous working conditions.

In cases where certification of workplaces for working conditions was carried out at workplaces before 2014, in relation to these workplaces a special assessment of working conditions may not be carried out for five years from the date of completion of the certification. The results of this certification can be used to establish additional paid leave (see Article 27 of the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions”).

Reforming the definition of harmful and dangerous working conditions takes some time. In these conditions, in some cases, the previous rules on granting additional leave to persons engaged in hazardous work may be applied, namely Resolution of the State Committee of the USSR Council of Ministers on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P-22 , which approved the List of productions, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, and the Instruction on the procedure for applying the List of productions, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee of the Council of Ministers of the USSR on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20, which must be applied taking into account the decision of the Supreme Court of the Russian Federation dated January 14 2013 N AKPI12-1570 and the Determination of the Constitutional Court of the Russian Federation of February 7, 2013 N 135-O. In this case, the minimum duration of additional paid leave cannot be less than seven calendar days.

2. Required condition The provision of additional leave for harmful working conditions is based on special length of service. On the procedure for calculating length of service, which gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions, see Art. 121 of the Labor Code of the Russian Federation and commentary to it.

3. The duration of additional leave depends on the degree of harmfulness of working conditions. The commented article establishes only the minimum duration of annual additional paid leave - seven calendar days. The specific duration of leave for an employee engaged in work with harmful and (or) dangerous working conditions is established in the employment contract, but not arbitrarily, but on the basis of norms on the duration of additional paid leave for harmful working conditions of 2, 3, 4 degrees and dangerous working conditions contained in the industry (inter-industry) agreement and collective agreement. Establishing the duration of such leave should be based on the results of a special assessment of working conditions. If an employee has worked in jobs with varying degrees of harmfulness, leave is granted in proportion to the time worked in each hazardous job.

4. Special rules for granting leave for harmful working conditions are provided for workers in the coal, shale, mining industries and certain basic sectors of the economy (Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of July 2, 1990 N 647 “On increasing the duration of leave for workers in the coal, shale, mining industry and certain basic sectors of the national economy"). Additional leave for underground work, harmful and difficult working conditions in organizations of the coal and shale industry and in mine construction consists of two parts: additional leave for dangerous and harmful working conditions and additional leave for exposure to specific hazardous factors: coal, asbestos dust, elevated temperature air, gas pollution, vibration, etc. (for each harmful factor separately).

Veterinary specialists of institutions directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products, serving farm animals with tuberculosis, as well as other workers directly involved in the provision of anti-tuberculosis care, and employees of organizations for the production and storage of livestock products, Those serving farm animals with tuberculosis, whose occupation is associated with the danger of infection with Mycobacterium tuberculosis, have the right to additional paid leave of 14 calendar days (Order of the Ministry of Labor and Social Protection of the Russian Federation of September 11, 2013 N 457n).

Additional paid leave for work under harmful and dangerous working conditions has been established medical workers those involved in the provision of psychiatric care, directly involved in the provision of anti-tuberculosis care, diagnosing and treating HIV-infected people, as well as persons whose work is related to materials containing the human immunodeficiency virus. The duration of additional leave is from 14 to 35 calendar days in accordance with the annex to the Decree of the Government of the Russian Federation of June 6, 2013 N 482 “On the duration of the annual additional paid leave for work with harmful and hazardous working conditions provided individual categories workers."

Resolution of the Ministry of Labor of the Russian Federation of July 8, 1993 N 133, which established additional leave for work in hazardous working conditions for medical and other personnel involved in the provision of mental health care, also continues to apply. Additional leave for work under hazardous working conditions of 30 working days is provided to psychologists and physiologists who work directly and full-time with mentally ill people, to doctors - heads of psychiatric (psychoneurological), neurosurgical, drug treatment institutions, departments, wards and offices, houses disabled people (departments) for the mentally ill and their deputies, as well as chief psychiatrists of health authorities directly involved in the provision of mental health care.

5. Replacement of additional leave provided to employees engaged in work with harmful and (or) dangerous working conditions for work in appropriate conditions with monetary compensation is not allowed, except in cases of dismissal (see Article 126 of the Labor Code of the Russian Federation and the commentary thereto).

In contrast to this general rule The commented article provides for the possibility of such a replacement. An industry (inter-industry) agreement or collective agreement may establish a rule to replace part of the additional leave for harmful and dangerous working conditions exceeding seven calendar days with separately established monetary compensation, the size and conditions of which are established by an industry (inter-industry) agreement or collective agreement. Replacing part of the additional paid leave is possible only with the written consent of the employee. This consent must be formalized by concluding a separate agreement to the employee’s employment contract.

Article 147. Remuneration for workers engaged in work with harmful and (or) dangerous working conditions

Remuneration for workers engaged in work with harmful and (or) dangerous working conditions is set at an increased rate.

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.

Specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations, or by a collective agreement or employment contract.

Commentary on Article 147 of the Labor Code of the Russian Federation

For workers engaged in work with harmful and (or) dangerous working conditions, wages are set at an increased rate compared to tariff rates, salaries ( official salaries), established for various types of work with normal working conditions.

At the same time, the amount of remuneration for this category of workers cannot be lower than the amount established by labor legislation and other regulatory legal acts containing standards labor law. Thus, Part 2 of the commented article establishes the minimum amount of increase in wages for workers engaged in work with harmful and (or) dangerous working conditions, which is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions.

It should be noted that the classification of working conditions in workplaces as harmful or dangerous working conditions for the purposes provided for by labor legislation, from January 1, 2014, is carried out on the basis of the results of a special assessment of working conditions in accordance with the requirements of Federal Law of December 28, 2013 N 426 -FZ.

As noted by the Ministry of Labor of Russia, Federal Law No. 421-FZ of December 28, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Special Assessment of Working Conditions,” which entered into force on January 1, 2014, The Labor Code of the Russian Federation has been amended to establish a differentiated approach to determining the type and volume of guarantees and compensation provided to employees engaged in work with harmful or dangerous working conditions (Articles 92, 117, 147 of the Labor Code of the Russian Federation). Federal Law No. 421-FZ of December 28, 2013 stipulates that when implementing compensation measures aimed at mitigating the negative impact of harmful and (or) dangerous conditions on their health, factors of the working environment and labor process (reduced working hours, annual additional paid leave or monetary compensation for them, as well as increased wages), the procedure and conditions for the implementation of such measures cannot be worsened, and the amounts reduced in comparison with the procedure, conditions and amounts of compensation measures actually implemented in relation to these employees as of the date of entry into force of the specified Federal Law subject to the preservation of appropriate working conditions in the workplace, which were the basis for the appointment of implemented compensatory measures. Thus, by the time Federal Law No. 421-FZ of December 28, 2013 came into force, the types and achieved amounts of guarantees (compensations) provided to employees in whose workplaces, based on the results of workplace certification carried out before December 31, 2013, hazardous working conditions were established (dangerous) working conditions must be maintained until working conditions at these workplaces are improved, confirmed by the results of a special assessment of working conditions.

To establish the appropriate amount of compensation, the employer can use the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P -22, Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a reduced working day, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P- 20, as well as the Standard Regulations on the assessment of working conditions in workplaces and the procedure for applying sectoral lists of work for which additional payments to workers for working conditions can be established, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 3, 1986 N 387/22-78, and other current regulatory legal acts, establishing the appropriate amounts of compensation, to the extent that does not contradict the Labor Code of the Russian Federation (see the decision of the Supreme Court of the Russian Federation of January 14, 2013 N AKPI12-1570 “On the refusal to satisfy the application for recognition as partially invalid paragraph 1 of the resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of October 25 1974 N 298/P-22, paragraphs 1 and 4 of the Instruction on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by a resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20").

The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of LNA, or by a collective agreement or employment contract.

Moreover, in accordance with Article 219 of the Labor Code of the Russian Federation, in the case of provision at workplaces safe conditions labor confirmed by the results of certification of workplaces for working conditions, compensation for workers is not established.

Consultations and comments from lawyers on Article 147 of the Labor Code of the Russian Federation

If you still have questions regarding Article 147 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Additional payment for hazardous working conditions in 2017

Harmful working conditions are understood as a set of factors manifested in production activities that can have a negative impact on the health of personnel. In order to determine the presence of harmfulness, as well as its degree, certification (assessment) of workplaces is carried out. The main method for certification (assessment) is measurements.

The presence of harmful working conditions at a production enterprise implies that the employer has an obligation to compensate employees for working in such conditions. Compensation is carried out through the provision of benefits (for example, in the form of shortened working hours, additional leave, special food, protective equipment, vouchers to sanatoriums) and monetary compensation payments. Providing them is an obligation, not a right of the employer.

It should be remembered that the presence of hazardous working conditions limits the possibility of hiring women for certain positions (Article 253 of the Labor Code of the Russian Federation). By virtue of Article 265 of the Labor Code of the Russian Federation, the use of labor by persons under 18 years of age in work with hazardous conditions is prohibited. Lists of works that involve the presence of harmful factors are approved in a manner determined by the Government of the Russian Federation.

What kind of work is considered harmful?

Among the factors determining the presence of a negative impact on the health of employees, it should be noted that the standards are exceeded in relation to:

the severity of work, which implies increased physical stress on the human body;
labor intensity, which implies an increased load on the senses and central nervous system;
external factors, affecting the worker’s body (temperature environment, wind speed, air humidity);
sound, ultrasonic and vibration effects;
infrared and ultraviolet radiation;
radioactive contamination;
x-ray radiation;
exposure to electric and magnetic fields;
illumination level;
concentration level chemicals, bacteria, microorganisms.

Based on the entire range of signs that negatively affect workers, working conditions are legally divided into 4 groups. Based on this, they can be:

The degree of exposure of workers to harmful factors may vary. In cases where it exceeds certain values, the existing working conditions are considered harmful. It is believed that when performing work functions in such conditions, the risk of contracting occupational illnesses increases significantly.

Harmful conditions must be distinguished by drawing a line from hazardous conditions. It is customary to speak of hazardous conditions when personnel are exposed to factors that directly have a negative impact on their health. An example in this case is the work of painters in paint shops. If such employees have the necessary protective equipment, the conditions in which they work are considered harmful. Working without protective equipment implies dangerous working conditions.

In order to determine whether working conditions at a particular workplace are dangerous or harmful, measures are taken to certify workplaces. Within their framework, environmental parameters are measured, as well as a comparison of the results obtained with standards. The list of hazardous professions is set out in Resolution No. 10 of January 26, 1991 of the USSR Cabinet of Ministers.

It should be taken into account that the names of the positions of specialists performing work in hazardous conditions must exactly correspond to their designation in qualification reference books. These directories comply with Resolution No. 10 of January 26, 1991 and, in turn, are subject to approval by the Government of the Russian Federation. If the job titles of specialists do not correspond to the information set out in the reference books mentioned, these specialists may lose bonuses, preferential length of service, as well as other preferences due to these categories of employees.

Peculiarities of remuneration in hazardous and hazardous industries

Regulation of work processes, payments and provision of additional benefits to workers employed in hazardous industries is carried out by Articles 219, 92, 117, 147 of the Labor Code of the Russian Federation. In particular, in accordance with the requirements set out in Article 147 of the Labor Code of the Russian Federation, in 2017 employees have the right to receive additional payments for work in hazardous conditions. It should be taken into account that, by virtue of Art. 219 of the Labor Code of the Russian Federation, the establishment of allowances is guaranteed only to persons directly performing work under the negative impact of production factors. Thus, persons exposed to the negative impact of negative factors can expect to receive increased wages.

Each employee who performs his or her job functions under the negative influence of production factors has the right to count on receiving these payments, which represent a salary supplement if it was established based on the results of certification activities before the beginning of 2014. This threshold was established due to the fact that until 2014 there were regulations requiring mandatory certification of workplaces in order to determine the presence of harmful and dangerous factors.

Federal Law No. 426-FZ of December 28, 2013 replaced certification with an assessment of the working conditions of personnel. At the same time, by virtue of Part 4 of Art. 27 named normative act employers have the right not to inspect those places of work of personnel that were assessed less than 5 years ago. The law contains an exception to of this rule: before 5 years, only those jobs are assessed where additional unscheduled analysis of the existing state of working conditions is necessary.

Refusal to provide employees performing their work functions in hazardous conditions with the required additional payment is recognized as a legislative violation and is the basis for bringing employers to legal liability.

How to calculate the amount of surcharge

In Russia, the amount of minimum payments to employees performing their labor functions under the influence of harmful factors is legally established. Thus, the amount of additional payment in this case cannot be less than 4% of the salary, which is established for specific types of work performed under normal conditions.

As a basis for calculating additional payments for harmfulness, it is customary to use the Standard Regulations on the Assessment of Working Conditions, introduced on October 3, 1986. In accordance with it, the following calculation algorithm is used:

Identification of the hazard class by comparing the established maximum permissible indicators with the hazard parameters actually existing in a particular production.
Conversion of production hazard classes (established in reporting documents for certification or assessment of working conditions) into points based on the following table:

Establishing the period of influence of negative factors. The amount of the surcharge is determined taking into account the period of actual stay in the area affected by the negative factor.

Determining the amount of additional payment for harm to a specific employee. When installed interest rate the totality of all negative factors is taken into account. In this case, the following table should be used as a guideline when calculating:

Total points according to the level of harmfulness

Amount of additional payment as a percentage of salary

Particularly heavy, particularly harmful

The employer has the right to increase the percentage of additional payment specified by law, taking into account the severity and harmfulness of the conditions in which the employee performs his work functions. The specification of the size of such allowances is subject to confirmation in special documents such as:

individual employment contracts;
collective agreements;
local regulations.

The formation of these documents regarding the establishment of increased premiums for work in hazardous conditions should be carried out taking into account the financial and economic situation of the organization.

In addition to monetary payments, specialists performing labor functions under the influence of harmful factors have the right to demand:

reduction of the working week to 36 hours;
provision of annual additional leave for a period of 7 days.

In addition to the mentioned types of compensation, legislation (Article 222 of the Labor Code of the Russian Federation) provides for the provision of special food products to employees exposed to negative factors during work. In particular, the employer is responsible for providing milk or equivalent food products to specialists engaged in hazardous work.

Representatives of:

state examination of working conditions (according to Part 2 of Article 216.1 of the Labor Code of the Russian Federation);
tax service in collaboration with SZN specialists (letter of the Ministry of Finance of the Russian Federation No. 03-05-02-04/36 dated 04/07/2006).

Accounting for additional payment for harmful effects

The considered additional payments of a compensatory nature, provided for by collective agreements, are subject to reflection in accounting as part of the costs of the organization’s core activities. In this case, they are subject to reflection in the debit of the account. 20 “Main production” and credit account. 73 “Settlements with personnel for other operations.”

Can the surcharge be waived?

Organizations that have implemented measures aimed at reducing the negative impact of production factors on personnel to an acceptable (permissible) level are exempt from the obligation to pay compensation to employees for working in hazardous conditions. Such activities usually include actions aimed at:

effective modernization of equipment, premises and labor tools;
providing specialists with individual protective kits that help reduce the harmful effects of harmful factors.

If, as a result of the measures taken, the impact on people of harmful factors was not completely eliminated, however, the hazard class was lowered, then employers have the right to reduce the percentage of compensation payments. The decision to provide (or refuse to provide) payments of this nature is made by organizations in the process of reviewing assessment reports working conditions workers.

Employees have the right to disagree with the employer’s decision to refuse to provide compensation or with the decision to downgrade the hazard class. In this case, the employee may submit an appeal to the supervisory authority demanding a review of the results of measures to assess working conditions.

Conclusion

The presence of harmful working conditions in an organization requires enterprise management bodies to take measures aimed at reducing negative influence production factors, as well as providing compensation to employees working in hazardous conditions. Neither employees nor the management bodies of the enterprise have the right to independently determine the presence of harmful factors or the class of harmfulness. This work should be carried out by a special commission as part of activities to assess working conditions. Establishment this fact(harmful working conditions) requires an immediate response from the governing body, namely ensuring the protection of personnel by issuing special protective kits, carrying out modernization measures (creating additional protective screens, ventilation hatches, etc.), and establishing compensation.