Ch first article 219 of the shopping mall of the Russian Federation. What does the employee's right to reliable information on working conditions mean?

New edition Art. 219 of the Labor Code of the Russian Federation

Every employee has the right to:

workplace that meets the requirements of labor protection;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

obtaining reliable information from the employer, relevant government agencies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for federal laws, until such a hazard is eliminated;

provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;

training in safe methods and techniques of work at the expense of the employer;

additional professional education at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance labor legislation and other normative legal acts containing norms labor law, others federal authorities executive power implementing state control(supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms;

appeal to public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation and bodies local government, to the employer, to associations of employers, as well as to trade unions, their associations and other authorized by employees representative bodies on labor protection issues;

personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;

an extraordinary medical examination in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination;

guarantees and compensations established in accordance with this Code, collective agreement, agreement, local regulation, labor contract if he is engaged in work with harmful and (or) hazardous working conditions.

The sizes, procedure and conditions for the provision of guarantees and compensations to employees engaged in work with harmful and (or) hazardous working conditions are established in the manner prescribed by Articles 92, 117 and 147 of this Code.

Increased or additional guarantees and compensations for work at work with harmful and (or) hazardous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer.

In the case of ensuring safe working conditions at workplaces, confirmed by the results special assessment working conditions or the conclusion of the state examination of working conditions, guarantees and compensation for workers are not established.

Commentary on Article 219 of the Labor Code of the Russian Federation

The right of workers to work in safe conditions, that is, meeting the requirements of labor protection, is enshrined in Article 219 Labor Code RF.

Every employee has the right:

To a workplace that meets the requirements of labor protection;

Be insured in the system of compulsory social insurance against industrial accidents and occupational diseases in accordance with the Federal Law of July 24, 1998 N 125-FZ. As a reminder: according to Article 5 of the aforementioned Law, individuals who perform work on the basis of an employment contract (contract) and who have been sentenced to imprisonment and are involved in work by the insured are subject to insurance. Individuals performing work on the basis of a civil law contract, are subject to compulsory social insurance against industrial accidents and occupational diseases, if, in accordance with the said contract, the policyholder is obliged to pay insurance premiums to the insurer;

Obtain reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;

Refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

Receive personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;

Learn safe working methods and techniques at the expense of the employer;

For professional retraining at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;

Submit a request for an inspection of labor conditions and safety at his workplace. Such an audit is carried out by the federal executive body authorized to conduct state supervision and control over the observance of labor legislation and other regulatory legal acts containing labor law norms. As well as other federal executive bodies that exercise control and supervision functions in the established area of activity, executive bodies that carry out state examination of working conditions, as well as bodies of trade union control over compliance with labor legislation and other acts containing labor law norms;

Apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local authorities, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

To participate personally or through their representatives in the consideration of issues related to the provision of safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;

For an extraordinary medical examination (examination) at the expense of the employer in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination (examination).

In addition, an employee can count on compensations established in accordance with the Labor Code, collective bargaining agreements, agreements, local regulations, labor contracts, if he is engaged in heavy work, work with harmful and (or) dangerous working conditions.

The amount of compensation to workers engaged in heavy work, work with harmful and (or) hazardous working conditions, and the conditions for their provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations.

Elevated or additional compensation for work at heavy work, work with harmful and (or) hazardous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer. True, such compensations are established only if the workplaces have passed certification for working conditions. According to the newly introduced Art. 216.1 of the Labor Code of the Russian Federation, the correctness of providing compensation to employees is assessed through a state examination of working conditions.

Let us add: compensation may not be established only in cases where 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.

Another commentary on Art. 219 of the Labor Code of the Russian Federation

1. Most of the stipulated in Art. 219 of the Labor Code of the Russian Federation of the rights of workers in the field of labor protection is concretized in other articles of section. X "Labor Protection" of the Labor Code of the Russian Federation (Articles 184, 212, 219, 221, 225, etc.).

2. The employer and the bodies of the Social Insurance Fund are obliged to provide insurance for the employee who has entered into an employment contract against industrial accidents and occupational diseases. Failure to fulfill this obligation does not deprive the employee of the right to receive insurance payments in the event of an industrial accident or an occupational disease. The employer's responsibility in this case is established by the Federal Law of July 2, 1998 N 125-FZ "On compulsory social insurance against accidents at work and occupational diseases" (SZ RF. 1998. N 31. Art. 3803).

3. The right of the employee to reliable information about the conditions and labor protection at the workplace corresponds to the obligation of the employer, authorities government controlled labor protection, state supervision bodies over the observance of labor legislation, public organizations for the provision of such information, as well as on the existing risks of damage to health and measures to protect against exposure to harmful and (or) hazardous production factors.

Article 220 of the Labor Code of the Russian Federation. Guarantees of the workers' right to work in conditions that meet the requirements of labor protection ›

Article 219 of the Labor Code of the Russian Federation with comments and amendments in 2018-2019.

Every employee has the right to:

a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;
training in safe methods and techniques of work at the expense of the employer;
additional professional education at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms by other federal executive bodies exercising state control (supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms;
appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;
an extraordinary medical examination in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination;
guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

In the case of ensuring safe working conditions at workplaces, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established.

Commentary on Article 219 of the Labor Code of the Russian Federation:

1. Considering that many of the worker's rights in the field of labor protection, enshrined in Article 219 of the Labor Code of the Russian Federation, are specified in independent articles of the "Labor Protection" section and other sections, when commenting on it, references are made to the corresponding articles of the Labor Code. In addition, the specific obligations of the employer (Article 212 of the Labor Code), which have already been considered, correspond with many of the employee's rights, giving an idea of a number of employee rights, for example, to a workplace that meets labor protection requirements, information on working conditions at the workplace. In such cases, in the text of the commentary to the article, there is also a reference to the article on the obligations of the employer.

Individual rights of the employee are considered simultaneously with the guarantees enshrined in Art. 220 TC.

2. On ensuring by the employer the employee's right to a workplace that meets labor protection requirements, see paragraph 4 of the comment. to Art. 212.

3. See comments on the employee's right to social insurance against industrial accidents and occupational diseases. to Art. 184.

4. On ensuring the employee's right to receive reliable information about the conditions and labor protection at his workplace, see paragraph 10 of the comment. to Art. 212.

5. If an immediate danger to the life and health of an employee arises in the process of work due to violation of labor protection requirements (except for cases provided for by federal laws), he has the right not to perform work until such a hazard is eliminated (for example, to refuse to work at a height without protective devices and if no safety belt).

In this case, the employer is obliged to provide him with another job for the period of elimination of the danger. If for objective reasons this is not possible, the employee's downtime until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see comments to Art. 157).

As follows from the content of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform heavy work and work with harmful or dangerous working conditions not provided for by the employment contract. At the same time, cases when an employee cannot exercise such a right are not specified in the Labor Code. Therefore, the employee has the right not to perform the named work even when their performance is caused by the transfer due to production necessity(Article 72.2 of the Labor Code) - clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2.

Applying Article 219 of the Labor Code of the Russian Federation, it should be borne in mind that if in these cases it is impossible to provide the employee with another job, then the time of his downtime, in our opinion, should be paid as a simple one through no fault of his (Article 157 of the Labor Code).

The employee's refusal to perform work in the above cases does not entail any adverse consequences for him, for example, the employee cannot be subject to disciplinary action.

6. For the provision of personal and collective protective equipment, see the comment. to Art. 221 and p. 3 comments. to Art. 212.

7. For training in safe methods and techniques of work at the expense of the employer, see the comment. to Art. 225.

8. Questions about the elimination of jobs due to violation of labor protection requirements and professional retraining the workers released in connection with this are decided by the organizations independently.

The employer conducts professional training, retraining at his own expense in the organization, and, if necessary, in educational institutions primary, secondary, higher professional and additional education on the conditions and in the manner that are determined by the collective agreement, agreements, as well as the labor contract (Art. 196 of the Labor Code).

9. With the right of an employee to request an inspection of labor conditions and labor protection at his workplace, the state supervision and control bodies correspond to the corresponding powers of these bodies (see Articles 356 and 370 of the Labor Code).

In accordance with Art. 4 of the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" (SZ RF. 2006. N 19. Art. 2060), citizens have the right to apply personally, as well as to send individual and collective appeals to state bodies, local governments and officials. The appeal can be expressed in the form of a proposal-recommendation for improving legislation or improving socio-economic and other areas of activity of the state and society; in the form of a statement-request of a citizen for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of others; in the form of a complaint-request of a citizen for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of others. The appeal can be oral.

A state body, local self-government body or an official, within 30 days from the date of receipt of the appeal, ensures its objective, comprehensive and timely consideration (if necessary, with the participation of the citizen who sent the appeal) and takes measures aimed at the restoration or protection of violated rights and freedoms and legitimate interests.

According to the Law of the Russian Federation of April 27, 1993 N 4866-1 "On appeal in court of actions and decisions that violate the rights and freedoms of citizens" (RF Air Force. 1993. N 19. Art. 685), an employee has the right to file a complaint against actions (decisions ) that violate his rights and freedoms, either directly to the court, or to a higher-ranking state body, local self-government body, institution, enterprise or association, public association, official, civil servant.

A higher body, association, official, or civil servant in the order of subordination are obliged to consider the complaint within a month. If a citizen's complaint is denied or he has not received an answer within a month from the date of its submission, he has the right to file a complaint with the court.

A complaint can be filed by a citizen whose rights have been violated, or by his representative, as well as at the request of a citizen by a duly authorized representative of a public organization, labor collective.

The complaint is filed at the discretion of the citizen either to the court at his place of residence, or to the court at the location of the body, association, official, or civil servant.

To go to court with a complaint in accordance with Art. 5 of the aforementioned Law sets the following terms:

3 months from the day when the citizen became aware of the violation of his rights;
one month from the date of receipt by the citizen of a written notification of the refusal of a higher body, association, official, or civil servant to satisfy the complaint, or from the date of the expiration of one month after the submission of the complaint, if a written response to it has not been received.

Skipped by good reason the term for filing a complaint may be restored by the court.

If the employee does not agree with the decisions made on his complaint by the above bodies and officials, he can file a complaint with the Commissioner for Human Rights in the Russian Federation, whose competence is enshrined in the Federal Constitutional Law of February 26, 1997 N 1-FKZ "On the Commissioner for Human Rights in the Russian Federation" (SZ RF. 1997 N 9 . Art. 1011).

The right of trade unions, their associations, primary trade union organizations and their bodies to represent and protect the social and labor rights and interests of employees, incl. and in the field of labor protection, enshrined in Art. 11 of the Law on Trade Unions (see also the commentary to Art. 370).

According to clause 1, part 1 of Article 219 of the Labor Code of the Russian Federation, an employee has the right, personally or through his representatives, to participate in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or his occupational disease.

In cases where an employee has a dispute with an employer regarding the application of labor protection legislation, a collective agreement, as well as the terms of an employment contract (for example, an employee is not transferred to another job in accordance with a medical opinion, a disabled person is involved in overtime work without his consent), he can apply to the commission on labor disputes(KTS) at the place of work. In organizations where the CCC is not elected - directly to the court (see commentary to Art. 391).

10. Only those categories of workers specified in Part 1 of Art. 213.

11. For compensation provided in connection with the performance of heavy work and work with harmful or hazardous working conditions, see respectively the comment. to Art. Art. 116, 117, 147, 222.

Labor Code, N 197-FZ | Art. 219 of the Labor Code of the Russian Federation

Article 219 of the Labor Code of the Russian Federation. The right of an employee to work in conditions that meet the requirements of labor protection (current version)

Every employee has the right to:

a workplace that meets the requirements of labor protection;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

obtaining reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;

training in safe methods and techniques of work at the expense of the employer;

additional professional education at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms by other federal executive bodies exercising state control (supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms;

appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

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Commentary on Art. 219 of the Labor Code of the Russian Federation

1. The commented article lists the basic rights that are designed to ensure not only the preservation of the life and health of the employee in the process of labor activity, but also the ability to keep the job in the event of the liquidation of the workplace due to violation of labor protection requirements.

Since many enshrined in Art. 219 of the Labor Code of the employee's rights in the field of labor protection are concretized in independent articles of the section "Labor Protection" and other sections of the Code, when commenting on it, references are made to the corresponding articles of the Labor Code. In addition, many of the rights of the employee correspond to those already considered enshrined in Art. 212 of the Labor Code of the employer, which gives an idea of a number of employee rights, for example, to a workplace that meets the requirements of labor protection, information on working conditions at the workplace. In this regard, in the text of the commented article, a reference is also made to the article on the obligations of the employer. Some of the employee's rights are considered simultaneously with the guarantees enshrined in Art. 220 TC.

2. Ensuring the creation of working conditions at each workplace that meet the requirements of labor protection is entrusted to the employer. See comments on ensuring the employee's right to a workplace that meets labor protection requirements by the employer. to Art. 212 TC.

3. Compulsory social insurance against industrial accidents and occupational diseases is one of the types of social insurance and creates the basis for social guarantees injured at work. See comments on the employee's right to social insurance against industrial accidents and occupational diseases. to Art. 184 TC.

4. Ensuring that employees are informed about labor conditions and labor protection at workplaces, about the risk of damage to health, the guarantees provided to them, the compensations they are entitled to, and personal protective equipment is entrusted to the employer. See comments on ensuring the employee's right to receive reliable information about labor conditions and labor protection at his workplace. to Art. 212 TC.

5. The employee's right to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements follows from Part 3 of Art. 37 of the Constitution of the Russian Federation, according to which everyone has the right to work in conditions that meet the requirements of safety and hygiene. In the event of an immediate danger to the life and health of an employee during work due to a violation of labor protection requirements (except for cases provided for by federal laws), he has the right not to perform work until such a hazard is eliminated (for example, to refuse to work at a height without protective devices and in the absence of safety belt). In this case, the employer is obliged to provide him with another job for the period of elimination of the danger. If for objective reasons this is not possible, the employee's downtime until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see comments to article 157 of the Labor Code).

As seen from the provisions of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform work with harmful or dangerous working conditions not provided for by the employment contract. At the same time, cases when an employee cannot exercise such a right are not indicated in the Labor Code. Since the Code does not contain norms prohibiting an employee to exercise this right even when the performance of such work is caused by a transfer due to production needs on the grounds specified in Art. 72.2 of the Labor Code, the employee's refusal to temporary transfer for another job in the order of Art. 72.2 of the Labor Code for the above reasons is considered justified (clause 19 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

The employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing work with harmful and (or) dangerous working conditions does not entail any adverse consequences for him, for example, the employee cannot be disciplined collection.

6. For the provision of personal and collective protective equipment, see the comment. to Art. Art. 221 and 212 TC.

7. For training in safe methods and techniques of work at the expense of the employer, see the comment. to Art. 225 TC.

8. The decision on the liquidation of the workplace due to violation of labor protection requirements and on the receipt of additional professional education by the employees released in connection with this is taken by the employer. The employer, at his own expense, carries out additional vocational education on the terms and in the manner determined by the collective agreement, agreements, labor contract (Article 196 of the Labor Code).

9. An employee has the right to make a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms by other federal executive bodies exercising state control (supervision) in the established area of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms. With this right, the employee corresponds to the corresponding powers of these bodies (see Articles 356 and 370 of the Labor Code).

According to V.A. Dubikov, he has the right to receive compensation for moral damage caused by an occupational disease at work, on the basis of Articles 212 and 219 of the Labor Code of the Russian Federation, paragraph 2 of paragraph 3 of Article 8 of the Federal Law of July 24, 1998 No. 125 -FZ "On compulsory social insurance against industrial accidents and occupational diseases" and articles 151, 1064 and 1101 Civil Code Russian Federation. Assuming that the occupational disease was obtained through the fault of CJSC "Siberian Anthracite" under the influence of harmful production factors while working at this enterprise ...

Decision of the Supreme Court: Determination N 18-KG15-221, Judicial Collegium for Civil Cases, cassation

From the stated provisions of regulatory legal acts, it follows that the employer, based on Art. 92, 117, 147 and 219 of the Labor Code of the Russian Federation, can independently, based on the results of certification of workplaces for working conditions, establish one or more compensations for employees, increased or additional compensations for work in heavy work ...

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Every employee has the right to: a workplace that meets the requirements of labor protection; compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law; obtaining reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors; refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated; provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer; training in safe methods and techniques of work at the expense of the employer; additional professional education at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements; a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms by other federal executive bodies exercising state control (supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms; appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues; personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him; an extraordinary medical examination in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination; guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions. The sizes, procedure and conditions for the provision of guarantees and compensations to employees engaged in work with harmful and (or) hazardous working conditions are established in the manner prescribed by Articles 92, 117 and 147 of this Code. Increased or additional guarantees and compensations for work at work with harmful and (or) hazardous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer. In the case of ensuring safe working conditions at workplaces, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established.

Legal advice under Art. 219 of the Labor Code of the Russian Federation

Arthur Malyga

Is the organization obligated to provide the employee with the necessary tools?

Nikita Katuntsev

Hello! My wife works in a mobile office of the Savings Bank (armored car) in which there are no opening windows and also there is no daylight and fresh air at her workplace. She works 5 days a week and they drive more than 100 km a day. Tell me if there should be an extra weekend or extra days to vacation

The answer to the question was given by phone

Vyacheslav Sharshavy

whether add. vacation to a radiologist with harm 3.1

The answer to the question was given by phone

Stanislav Karseev

I removed the harmfulness of the heads of the doctor. The certification was. I am a dentist.

The answer to the question was given by phone

Alena Alekseeva

Suggest an article. Under what article of the labor code of the Russian Federation can I demand from the employer improved working conditions. I work in a room where there is server equipment that heats up like a stove, the stuffy constant window does not even help I sit sweaty all the time. I want to demand to make repairs in the room and put an air conditioner or what would give another room The repair includes the replacement of Windows and the installation of an Air Conditioner (you cannot live without it here at all, but I also need to solder) If someone throws off a ready-made statement, I will be grateful

Christina? Kovaleva

Harmful working conditions. Article 219 of the Labor Code of the Russian Federation - in the case of ensuring safe working conditions at the enterprise - compensation is not established. The presence of harmful working conditions is established only by the results of attestation of workplaces (209 of the Labor Code of the Russian Federation) Question: And what does the resolution of the State Committee of the Council of Ministers of the USSR have to do with October 25, 1974 N 298 / P-22 “ON APPROVAL OF THE LIST OF PRODUCTIONS, SHOPS, PROFESSIONS AND OFFICES WORKING CONDITIONS WHERE WORK GIVES THE RIGHT TO EXTRA LEAVE AND SHORT WORKING DAY "and why, when today the Labor Code of the Russian Federation clearly defines the methods and means of establishing harmful (hazardous) working conditions (certification of workplaces), and the categories of workers who are determined to be harmful working conditions, can only be established by the Labor Code of the Federal Republic of or by the Federal Law, the immediate establishment of the above-mentioned Regulations of professions and positions is the basis for guarantees and compensations taken into account by labor inspectorates ?. Is it necessary to provide additional leave the pharmacist (pharmacist) specified in the DECISION OF THE STATE COMMITTEE OF THE COUNCIL OF MINISTERS of the USSR dated October 25, 1974 N 298 / P-22 - if the certification of workplaces (measurements) - confirmed safe working conditions?

Lawyer's answer:
Indeed, in accordance with paragraph 137 of the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and reduced working hours, approved. by the decree of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of 25.10.74 No. 298P-22. the duration of additional leave for pharmacists, such as a pharmacist, pharmacist, except for those who are exclusively engaged in dispensing drugs without a prescription and other goods pharmacy assortment, is 12 working days, and the working day is 6 hours, according to clause 137a of the same List, pharmacists, pharmacists engaged in dispensing drugs without a doctor's prescription and medical products are provided only with an additional leave of 12 working days. And in accordance with paragraph 5 of Art. 219 of the Labor Code of the Russian Federation in the case of ensuring safe working conditions at workplaces, confirmed by the results of certification of workplaces for working conditions or the conclusion of the state examination of working conditions, compensation for workers is not established. Thus, if, according to the results of certification of workplaces, the working conditions at your workplace are safe (optimal or acceptable), compensation is not provided. At the same time, according to Art. 423 of the Labor Code, the normative acts of the USSR are applied in the part in which they do not contradict the Code, if new laws and legal acts have not yet been adopted that regulate such issues, so in this case, Article 219 of the Labor Code of the Russian Federation explains everything to us in detail

Dmitry Lavrenov

I work in a store. The shop rents the occupied area. Actually, the building. in which the shop leases the area, emergency, as it turned out. One of the ceilings has recently collapsed. In this regard, I did not go to work for several days. today I was told that these days I will work out. The fact is that I am an ordinary employee. Nothing keeps me in the store, with a valid sanitary book, I will get a job in another, the same ordinary job. but if I quit now (the employment contract stipulates that from the moment of filing an application on my own I need to work out 3 days, and not 2 weeks, since I am on a probationary emergency), then other employers will respond appropriately if I am in the reason for dismissal from a previous job indicate an unwillingness to work in an emergency building? Or maybe it is worth answering in a different way?

Lawyer's answer:
In this case, you worked in an emergency building and endangered your life and health. On this occasion, let us turn to the Labor Code of the Russian Federation. Article 219 directly interprets that an employee has the right to a workplace that complies with labor protection standards. Part three of Art. 220 of the Labor Code of the Russian Federation - if the employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide the employee with another job for the period of elimination of such a danger. And part four of Art. 220 of the Labor Code of the Russian Federation - in the case when the provision of other work for objective reasons is impossible, the downtime of the employee until the danger to his life and health is eliminated is PAID BY THE EMPLOYER in accordance with this Code. So in your case, there was a downtime for reasons beyond the control of the employer (your employer probably did not want the floors to collapse), therefore, in accordance with part two of Art. 157 of the Labor Code of the Russian Federation, you must be paid at least two-thirds of the tariff rate or salary, calculated in proportion to the downtime. And no one can force you to work in an emergency building - this right is given to you by Art. 379 of the Labor Code of the Russian Federation.

Artem Shastunov

Is there any harm. Hello, I work as a fitter, assembler, etc., in combination, in general, I am engaged in tinning, etching in a gel, this is what I found about the gel 1. Product and supplier identification Product identification: Gel Trade name PICKLINOX P Acid-based cleaning agent Application: Industrial Supplier identification: AIRLIQUIDE WELDING FRANCE 2.Composition Ingredients% Designation CAS # Standard “R” Phrases Nitric acid13-17O C7697-37-2231-714-208-35 Ammonium bifluoride2-7T C1341-49-7215-676-425-34 Fluoric acid1-7T + C7664-39-3231-634-826 / 27 / 28-35 Water Other 3. Hazards Hazard description: toxic and corrosive R35, severe burns After inhalation - difficulty breathing Burns, redness after skin contact Risk of vision after eye contact Burns nasopharynx after swallowing and also melt the plastic

Lawyer's answer:
So there is harm. The harmfulness of labor is established by state expertise. Article 219. The right of an employee to work in conditions that meet the requirements of labor protection (as amended by Federal Law of June 30, 2006 N 90-FZ) a regulatory act, an employment contract, if he is engaged in heavy work, work with harmful and (or) dangerous working conditions. (Art. 219, "Labor Code of the Russian Federation" dated 30.12.2001 N 197-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 21.12.2001)) In accordance with the Labor Code of the Russian Federation, the Government of the Russian Federation decides: , work with harmful and (or) dangerous and other special working conditions, according to the results of certification of workplaces, the following compensations: reduced working hours - no more than 36 hours per week in accordance with article 92 of the Labor Code of the Russian Federation; annual additional paid vacation - at least 7 calendar days; increase in wages - at least 4 percent of the tariff rate (salary) established for different types work with normal working conditions. (Decree of the Government of the Russian Federation 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")

Natalia Alekseeva

What threatens the employer if he does not pay additional payments and compensation for harmful working conditions?

Lawyer's answer:
Until the Ministry of Labor has determined the procedure for calculating compensations (the procedure for calculating, maximum-minimum amounts, etc.), legally, the employer cannot be asked for non-payment or incorrect calculation. SM: Clarification from the Ministry of Labor and social protection RF of October 1, 2012 "On the procedure for providing workers employed in jobs with harmful and (or) dangerous working conditions of reduced working hours, annual additional paid leave, increased wages, in accordance with paragraph 1 of the Decree of the Government of the Russian Federation of 20 November 2008 No. 870 ”In connection with numerous inquiries about the procedure for granting and the amount of compensation (reduced working hours, additional annual paid leave, increased wages) to workers employed in jobs with harmful and (or) dangerous working conditions, the Ministry of Labor and social protection of the Russian Federation reports the following. Employees employed in jobs with harmful and (or) hazardous working conditions, based on the results of the certification of workplaces for working conditions, should be provided compensation not lower than those established in paragraph 1 of the Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours , annual additional paid leave, increased wages for employees engaged in heavy work, work with harmful and (or) hazardous and other special working conditions ”(hereinafter - Resolution of the Government of the Russian Federation of November 20, 2008 No. 870). Prior to the implementation of the instruction specified in paragraph 2 of the Decree of the Government of the Russian Federation of November 20, 2008 No. 870, the employer, guided by Articles 92, 117, 147 and 219 of the Labor Code of the Russian Federation, may independently establish increased or additional compensations based on the results of certification of workplaces for working conditions for work on heavy work, work with harmful and (or) dangerous working conditions. The size of the provision of appropriate compensation is established by the collective agreement, local regulations, taking into account the financial and economic situation of the employer. To establish the appropriate amount of compensation, the employer can use 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 decree of the State Committee of Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of 25.10.1974 No. 298 / P- 22, Instruction on the procedure for applying the List of production workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the decree of the USSR State Committee of Labor, All-Union Central Council of Trade Unions of 21. 11.1975 No. 273 / P-20, Standard regulation on the assessment of working conditions at workplaces and the procedure for applying industry-specific lists of work, on which additional payments to workers for working conditions can be established, approved by the decree of the USSR State Committee for Labor, All-Union Central Council of Trade Unions dated 03.10.1986 No. 387 / 22-78 , and other existing normative legal acts establishing the appropriate amounts of compensation, insofar as it does not contradict the Labor Code of the Russian Federation. At the same time, in accordance with Article 219 of the Labor Code of the Russian Federation, in the case of ensuring safe working conditions at workplaces, confirmed by the results of certification of workplaces for working conditions, compensation for workers is not established. Currently, the Ministry of Labor and Social Protection of the Russian Federation is working to implement clause 2 of the Decree of the Government of the Russian Federation dated November 20, 2008 No. 870. The normative legal acts specified in this clause will be approved after agreement with the parties to social partnership.

Boris Tyulpanov

Has anyone come across Articles 21 and 219 of the Labor Code, what are these articles?

Lawyer's answer:
- Hee hee) cool

Georgy Khokhlatov

The worker did not go through another honey. inspection.

Please. If the employer agrees. There is only the same health care facility with which an agreement has been concluded. And how an employee can protest a medical examination conducted by the commission. The most important thing in a professional examination is to confirm (or deny) that the employee does not ...

Arthur Totmianin

Complaint against the boss. A new production development manager came and decided to change the team for himself. 2 have already fired (or rather forced). I was one of the old ones. A mess began in the company. Are the following complaints enough to contact any authorities (and which ones are better to immediately contact and how to do it correctly): 1 Drivers without water drive the forklift. certificates for them (the manager is aware of and even encourages it) 2We work with chemistry, the instruction and composition of which is written only in Japanese (at other factories, young people and girls are not allowed to such chemistry, because they speak on the offspring)) 3 Fire exits and hydrants are forced 4 During a conversation, the boss always offers to quit on his own, but in response to my refusal he begins to use foul language and threaten to be fired under the article. 5 At the production site, nitrogen cylinders are stored and transported incorrectly. And please tell me how best to assemble the docks? as new employees will not sign anything. Maybe it's better to take pictures of everything or talk to the quit employees? Quit and put up with the manager DO NOT OFFER. THANKS

Lawyer's answer:
For drivers without a driver's license, you must contact the traffic police. Regarding chemistry, you can contact the Rospotrebnadzor of the South-Western Administrative District, the Prosecutor's Office, the State Labor Inspectorate. to the Eastern Administrative District (VAO) Regarding the crowded fire exits and hydrants, it is necessary to write a complaint to the fire department. Concerning nitrogen cylinders, you must contact the prosecutor's office. With regard to labor rights: In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to ensure the safety and working conditions that meet the state regulatory requirements for labor protection. In accordance with Art. 219 of the Labor Code of the Russian Federation, each employee has the right to a workplace that meets the requirements of labor protection; obtaining reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors; refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated; provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer; training in safe methods and techniques of work at the expense of the employer. In accordance with Art. 379 of the Labor Code of the Russian Federation, For the purpose of self-protection of labor rights, an employee, notifying the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work not provided for by the employment contract, as well as refuse to perform work that directly threatens his life and health, with the exception of cases provided for by this Code and other federal laws. At the time of refusal from the specified work, the employee retains all the rights provided for by labor legislation and other acts containing labor law norms. Thus, if you believe that work in these conditions poses a threat to your life and health, you can notify the employer in writing and stop performing job responsibilities until the conditions are removed. During the forced absence, you retain an average wage... Also, I recommend that you apply with a written application to the State Labor Inspectorate, where you can describe in detail absolutely all violations that the employer makes. The state labor inspector will check on your application, come to the employer without warning, establish these facts, issue an order to eliminate these facts and fine them in accordance with the Code of Administrative Offenses of the Russian Federation. In accordance with the Federal Law on Citizens' Appeals, the appeal indicates: the name of the state body to which the appeal is sent, the last name, first name, patronymic of the applicant, the address to which the response will be sent, the essence of the appeal, date, personal signature of the citizen filing the complaint. All complaints are subject to mandatory consideration. If the question raised in the appeal does not fall within the competence of the body to which the appeal was received, it should be redirected to the body authorized to consider these issues, and the person who sent the appeal is notified of this. Consideration of citizens' appeals by state bodies occurs within 30 days after receipt. After that, you should be sent a written response to the address indicated in the appeal, or notify you about the extension of the period for considering your appeal. The extension of the term is allowed for no more than 30 days. That is, in a maximum of 2 months, you should receive an answer on the merits of your appeal.

Vladimir Panasyuk

What is the law to rely on when providing an employer with a workplace ?. When, for example, the workplace is not fully equipped, safety glasses or safety nets are not provided (for example, if a person works as a locksmith). And should he himself demand them from the administration of protective equipment, if it is necessary for the performance of the work?

Grigory Sinegubov

is there a surcharge for harm to a molar ?. Anyone who is engaged in cosmetic repairs all his life in the state. uch. and is a veteran of this work.

Lawyer's answer:
Dear Inna! The issue of additional pay for work during harmful conditions labor can only be permitted by the certification of your workplace. If, according to its results, it is established that there is harm, the employee is laid additional charges, not less than 4%, additional vacation - not less than 7 calendar days and a reduced duration of the working week.

Ivan Bogoroditsky

I paid for my studies in June, and the official labor activity From september. Then the question is: will they return 13% of the cost of their studies?

Lawyer's answer:
They will return you exactly as much as you paid income tax. If your amount comes out more, then all the same, only what you paid will be returned. You enter this amount in the 3-NDFL declaration and confirm with a certificate of income 2-NDFL plus checks and an agreement concluded in your name. So, it is better to apply for a refund after having worked for at least a year

Dmitry Khizin

A friend unofficially worked as a cook in the kitchen. One day he did not come out, after which he was fired and did not give honey. book. in return they ask 3000 rubles for absenteeism. what to do in this situation? he did not sign any contracts. Is there any article you can refer to?

Lawyer's answer:

Egor Pavlukhin

gentlemen a question of this nature work injury with partial amputation index finger!
- This is what your employer will be punished for. For forced absenteeism (after all, you were fired!) Also demand money plus moral damage. You should indicate the conditions of your employment. the conditions of the work itself (according to the Labor Code or according to the labor ...

Ilya Toloknov

Income refund in connection with treatment !!!. Tell me if I can draw up a contract for my dad and so that he applied for an income tax refund !!! They say only up to 18 years old Tell me 32, now I am unemployed registered at the employment center (labor exchange), until June I received unemployment benefits there, now I am just listed there! In a week I will have an expensive operation, and I plan to go to work in mid-November-early December! Tell me if the unemployment benefit is a person's income (is it subject to income tax?)! How to apply for a refund of income tax due to the cost of treatment, can I draw up a contract for one of my working parents! (after all, if I go to work, then the salary will be for a month in total and unemployment benefits) I am waiting for your answers

Lawyer's answer:

Artem Balalaev

a very difficult situation. court!. Hello! you need the advice of an independent lawyer, or better - a judge or a lawyer! In 2001, the father-in-law bought a plot with unfinished construction. The purchase and sale agreement was drawn up and certified by a notary in accordance with the law. Father-in-law, due to his carelessness, did not carry him anywhere. the site did not re-register. completed the house. settled down. Now we are busy registering the house. The reg ward was sent to court to prove that the plot was behind the father-in-law. We consulted with lawyers, they drew up a statement to us - they took it. it turned out that the man died a few years ago. before that, my wife and I divorced. ex-wife did not appear at the first meeting. postponed. She also did not appear at the second meeting. the judge said that the heir had appeared - the son of the seller. postponed again. third meeting 9 November. today this heir came to his father-in-law, unceremoniously entered the courtyard, walked around the "property". as soon as the father-in-law left, the heir quickly got into the car and drove away ... the father-in-law was in a panic. thinks that the plot will be awarded to the heir. it seems to me that this is nonsense. tell me - what to expect? How legal will it be if they take the land away from us?
- Lawyer's answer:
  up to 96 g, the contract of sale of real estate was subject to compulsory notarization. Otherwise, the sales contract was considered invalid ... Today, a contract for the sale and purchase of residential premises must be drawn up in a simple written form, but the transaction is considered concluded only from the moment of state registration. The parties to the transaction draw up a single document - the purchase and sale agreement - sign it and, together with other documents, submit it to state registration... The registration service must register the contract for the sale and purchase of residential premises and the transfer of ownership, or rather, the ownership of the buyer. Thus, you do not need to apply to a notary for certification of the contract. But if the seller and the buyer have agreed that the contract of sale must be certified by a notary, and this clause is reflected in the contract or other agreement, then notarization of the transaction is mandatory. Otherwise, such a transaction is considered invalid.

This page presents article 219 of the Labor Code of the Russian Federation in latest edition.

The right of an employee to work in conditions that meet the requirements of labor protection

Every employee has the right to:

a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant state bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection in accordance with labor protection requirements at the expense of the employer;
training in safe methods and techniques of work at the expense of the employer;
additional professional education at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms by other federal executive bodies exercising state control (supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms;
appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;
an extraordinary medical examination in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination;
guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

Increased or additional guarantees and compensation for work at work with harmful and (or) hazardous working conditions can be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer.

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