Harmful is understood as such working conditions, as a result of which the hazard level exceeds the established standards. All mandatory payments and benefits to employees who work in places where conditions are unhealthy are clearly spelled out in Russian legislation.
Assessment of workplaces
According to the law, the employer must pass the certification of his existing workplaces to identify the harmfulness of working conditions. This procedure is costly, but is mandatory for every organization. After receiving the results of such attestation, the employer must draw up a list of all harmful jobs and approve them in the collective agreement. Also, this document prescribes all the benefits and compensations that are relied on in accordance with the legislation of the Russian Federation.
In addition, each employment agreement (or contract) must also contain a reference to the fact that the workplace falls under the category of harmful. In the event that the certification of the place was carried out later than the employment of the employee, then the company is obliged to renegotiate his employment contract.
Benefits for harm provided by the legislation of the Russian Federation
At work with harmful working conditions, the legislation of the Russian Federation established the following types of benefits:
- Issuance of milk or other equivalent food products of a therapeutic and prophylactic direction to workers;
- provision of annual and additional paid vacations;
- a shortened working week of no more than 36 hours in total;
- wages should be higher in comparison with the official salaries established for a normal workplace with optimal working conditions;
- preferential labor pension, which can be assigned to men who have worked at the enterprise in the production of underground work and in similar working conditions for at least 10 years, while women must have worked in such conditions for at least 7, 5 years.
The preferential pension deserves special attention. To obtain it, a woman must be 45 years old, and a man 50 years old, while the total length of service must be at least 20 and 15 years. In the event that a man's age has reached 55 years old, and a woman's age is 50 years old (while their work experience in harmful conditions is at least 12, 5 and 10 years), then their individual total work experience should be 25 and 20 years.
In addition, such enterprises are required to issue special clothing, footwear and other necessary protective equipment, as well as detergents and disinfectants.
In order for all benefits to be paid regularly, each person needs to make it a rule to read the employment contract before signing it. In cases of violation of the legislation in force in Russia regarding the receipt of benefits for harmful working conditions, you can always contact the labor inspectorate, the prosecutor's office, or the court for help.
