According to the current legislation, enterprises with harmful working conditions are obliged to provide their employees with certain benefits and guarantees. What conditions are considered harmful and where can you find a list of professions in which these conditions are listed?
Where to look for a list of harmful conditions
To determine a profession that belongs to harmful categories, one should study the Decree of the Government of the Russian Federation No. 870 "On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful / dangerous and other special working conditions" …
You can find a list of "harmful" positions in the collective agreements or industry agreements of some enterprises.
This Resolution obliges the Ministry of Health and Social Development to approve a list of positions, professions and industries that give an employee the right to free therapeutic and prophylactic meals, vitamin preparations, additional paid leave and other appropriate measures for employees of hazardous professions.
Harmful conditions in employment contracts
In the presence of harmful or dangerous working conditions, the employer is obliged to indicate in the employment contract information about the labor function, working hours, compensation and terms of payment, additional payments, allowances and incentive payments. Also, workers in hazardous industries are not legally allowed to work more than 36 hours a week. Additional annual leave at the expense of the enterprise, according to the terms of the employment contract, is given to people working in the zone of radioactive contamination or in quarries / open-pit mines (underground and open pit mining).
Employees of enterprises whose work is associated with harmful physical, chemical or biological factors also have the right to paid leave.
The decree states that the minimum duration of paid leave is a calendar week. It is usually provided to employees who have worked in hazardous conditions for at least eleven months during the working year. If the term of work is shorter, the vacation period is provided in accordance with the worked hours. At the same time, the payment of monetary compensation instead of using additional leave is not practiced - such payments are possible only upon dismissal of the employee.
The only caveat in getting paid leave is the requirement for work experience in harmful working conditions - moreover, the length of service includes only the time actually worked in these conditions.
