Technical Labor Inspectorate of Trade Unions. To the legal labor inspectorate of the trade union Job description of the technical labor inspector of the trade union
Application
to the resolution of the Central Committee of the Trade Union
POSITION
on technical labor inspection
All-Russian Trade Union of Workers government agencies and public services of the Russian Federation
I. General Provisions
1.1. The Technical Labor Inspectorate of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation (hereinafter referred to as the Technical Labor Inspection of the Trade Union) is an authorized body of the Trade Union, created to exercise trade union control over the observance by employers and their representatives of legislation on labor protection, compulsory social insurance against industrial accidents and occupational diseases, fulfillment of the conditions of collective agreements, agreements in organizations in which members of the All-Russian Trade Union of employees of state institutions and public services of the Russian Federation work and (or) study (hereinafter referred to as members of the Trade Union).
1.2. The Technical Labor Inspectorate of the Trade Union in its activities is guided by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", other federal laws and regulatory legal acts of the Russian Federation on labor protection, as well as the Charter of the All-Russian Trade Union of Workers state institutions and public services of the Russian Federation (hereinafter - the Charter of the Trade Union) and acts on the basis of these Regulations.
The main principles of the operation of the technical labor inspection of the Trade Union are legality, objectivity and independence in their assessments of the state of conditions, labor protection while ensuring the protection of the rights of members of the Trade Union to labor protection.
1.3. The Technical Labor Inspectorate of the Trade Union exercises public control over the employer's compliance with labor protection legislation in close contact with freelance technical labor inspectors of the Trade Union, authorized (trusted) persons for labor protection of trade union committees.
1.4. The Trade Union Technical Labor Inspectorate interacts with federal authorities executive and legislative branches, judicial and law enforcement authorities, territorial bodies federal services and agencies, authorities local government as well as with employers (employers' associations).
II. Tasks of the Technical Labor Inspectorate of the Trade Union
2. The main tasks of the technical labor inspection of the Trade Union are:
2.1. Protecting the rights of union members to healthy and safe conditions labor, preservation of life and health.
2.2. Exercising trade union control over employer compliance labor legislation and other regulatory legal acts containing state requirements labor protection.
2.3. Defending rights and social guarantees on healthy and safe working conditions, preserving the life and health of members of the Trade Union in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory acts of local governments, as well as in the development and adoption of collective agreements and agreements, other local regulations.
2.4. Preparation of appeals to public authorities and local self-government bodies with proposals for eliminating deficiencies from employers, their representatives, and other officials who violated the norms of labor protection legislation.
2.5. Providing members of the trade union with information and methodological assistance on the implementation and protection of their rights to labor protection.
III. Main Powers of the Technical Labor Inspectorate of the Trade Union
3.1. The technical (chief technical) labor inspectors of the Trade Union have the following powers:
3.1.1. to ensure the protection of the rights of members of the Trade Union and trade union organizations from illegal actions (inaction) of employers, their representatives and other officials that violate the rights and interests of members of the Trade Union;
3.1.2. exercise trade union control over the observance by employers and their representatives of the rules and norms of labor protection, labor legislation and other regulatory legal acts containing labor protection standards and safety requirements, legislation on trade unions, their compliance with the terms of collective agreements and agreements in organizations in which members work The trade union;
3.1.3. take part in the development and formation of federal, regional and sectoral programs on labor protection, special measures for social protection workers injured at work;
3.1.4. interact with the prosecution authorities, other bodies of state supervision and control during joint inspections, as well as other issues within the framework of relevant agreements;
3.1.5. take part in the work of commissions for the investigation of accidents at work, analyze the circumstances and causes of accidents at work, the completeness and timeliness of the investigation of accidents, take measures to eliminate violations of the order and timing of the investigation, restore the violated labor and social rights of the members of the Trade Union;
3.1.6. inform the relevant state and local government bodies about the facts of violation of labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases;
3.1.7. analyze the activities and summarize the work experience of the primary organizations of the Trade Union, freelance technical labor inspectors of the Trade Union and trade union committees authorized for labor protection in organizing and monitoring the state of labor protection in institutions (organizations), preventing accidents at work, as well as occupational diseases;
3.1.8. submit for consideration by the relevant elected trade union body proposals on compliance with labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, maintaining the health of workers, improving the system of trade union control;
3.1.9. investigate, with the participation of trade union activists and representatives of the employer, cases of employees' refusal to perform work when a threat to their life and health arises;
3.1.10. monitor the fulfillment of sanitary norms and rules by employers and their representatives, compliance of working conditions with labor protection requirements, provision of workers with overalls, special footwear and other personal protective equipment (PPE);
3.1.11. develop recommendations, teaching aids advise on the application of labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases;
3.1.12. organize and participate in training and professional development of the trade union activists, including through accredited organizations, on labor protection issues;
3.1.13. participate in the dissemination of knowledge on labor protection and compliance with labor protection legislation, compulsory social insurance against accidents at work and occupational diseases, the procedure for investigating and recording accidents at work;
3.1.14. provide methodological and practical assistance to the heads of trade union organizations, authorized labor protection of trade union committees, freelance technical labor inspectors of the Trade Union, representatives of the Trade Union in joint committees (commissions) on labor protection, to conduct surveys of institutions (organizations) on labor conditions and safety, development measures to the section of the collective agreement and labor protection agreement;
3.1.15. consider applications, complaints and other appeals of members of the Trade Union and trade union organizations on labor protection issues, take the necessary measures to eliminate violations of the rules and norms of labor protection.
3.2. The technical (chief technical) labor inspector of the Trade Union, on the basis of the conducted surveys, inspections and other materials in the work to protect the rights of members of the Trade Union to labor protection, draws up a Report on the work of the regional (interregional) organization of the Trade Union on labor protection for the reporting period in the form of 19-TI and an explanatory a note to him, which is sent to the apparatus of the Central Committee of the Trade Union by February 15 following the reporting year.
IV. The rights and obligations of the technical (chief technical) labor inspectors of the Trade Union
Rights
4.1. To freely visit (upon presentation of a certificate of the established form) any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals), for which members of the Trade Union work to exercise public control over employers' compliance with labor protection legislation.
4.2. Take part in the investigation of industrial accidents and occupational diseases.
4.3. Receive information from managers, officials and specialists of enterprises on the state of conditions, labor protection, as well as on all industrial accidents.
4.4. Request from employers (their representatives) and receive from them documents, explanations, information necessary to perform control functions.
4.5. Participate as independent experts in the work of commissions for testing and commissioning of means of production and Vehicle.
4.6. Participate in the development of draft regulatory legalacts on labor protection, as well as agree on them in the prescribed manner.
4.7. Interact with funds mass media to notify members of the Trade Union, employees about the work of the technical labor inspectorate of the Trade Union to protect the rights to labor protection, aimed at increasing the motivation of trade union membership.
4.8. Participate in meetings, seminars on labor protection, including in the framework of international cooperation.
Responsibilities
4.9. When exercising trade union control over compliance with labor protection legislation, observe the legislation of the Russian Federation, the rights and legitimate interests of employers and their representatives.
4.10. Conscientiously exercise their powers, promote the protection of social, labor and other civil rights and professional interests members of the Trade Union, trade union organizations, to be objective, to strengthen the authority of the Trade Union.
4.11. Consider the source of any complaint about the actions of the employer (his representative) confidential, if the verification is carried out in connection with his application and the applicant objects to the communication of the source of the complaint to the employer (his representative).
4.12. Keep records of his activities and report to the organization of the Trade Union, in which he is hired;
4.13. To formalize the results of their activities and the activities of the interregional (regional) organization of the Trade Union for labor protection in writing in the form of the following documents filled in according to the established forms:
19-TI - Report on the work of the interregional (regional) organization of the Trade Union on labor protection (Appendix 1).
An explanatory note must be attached to the report on the work of the regional (interregional) organization of the Trade Union on labor protection;
1-TI - presentation on the elimination of the identified violations of labor protection legislation (Appendix 2);
2-TI - a requirement to hold officials guilty of violating labor protection legislation to account (Appendix 3);
3-TI - a requirement to suspend work in cases of threat to the life and health of employees (Appendix 4).
4.14. Provide assistance to members of the Trade Union in drafting statements of claim in judiciary to protect the rights and interests of healthy and safe working conditions, in the investigation of industrial accidents and occupational diseases, to represent their interests in the courts.
4.15. When exercising public control over compliance with labor protection legislation in institutions (organizations), carry and present to the employer (his representative) a certificate of the technical (chief technical) labor inspector of the Trade Union.
4.16. Technical (chief technical) labor inspector of the Trade Union, guilty of violating labor laws and other regulatory legal acts containing norms labor law, bears responsibility in the cases and in the manner established by the legislation of the Russian Federation, these Regulations.
V. Formation and organizational support of the activities of the technical labor inspectorate of the Trade Union
5.1. The general management of the activities of the technical labor inspectorate of the Trade Union is carried out by the Central Committee of the Trade Union, the current management is carried out by the Chairman of the Trade Union within the limits of his authority.
5.2. The management of the activities of the technical labor inspectorate of the Trade Union, operating on the territory of the subject of the Russian Federation, is carried out by the relevant elected bodies of the regional (interregional) organization of the Trade Union.
5.3. The Technical Labor Inspectorate of the Trade Union consists of the Technical Labor Inspectorate of the Trade Union, headed by the Chief Technical Labor Inspector of the Trade Union, the head of the labor protection and health department of the Trade Union apparatus and the Technical Labor Inspection of the Trade Union of the respective elected governing bodies of the regional (interregional) organizations of the Trade Union.
5.4. The technical (chief technical) labor inspectors of the Trade Union are full-time employees of the apparatus of the organizations of the Trade Union.
5.5. Technical (chief technical) inspector labor organization The trade union is directly subordinate to the chairman of the organization of the Trade Union, implements decisions made by the bodies of the Trade Union, the bodies of the organization of the Trade Union and the chief technical labor inspector of the Trade Union within the limits of its competence.
5.6. A person with a higher technical education is appointed to the position of the chief technical labor inspector of the Trade Union.
5.7. The chief technical (technical) labor inspector of the Trade Union performs the functions of:
Direct organizational and methodological management of the activities of the technical labor inspectorate of the Trade Union, informing about its activities;
Coordination of the work of technical labor inspectors of the Trade Union, assistance in the implementation of the tasks assigned to them;
Making proposals on organizing inspections of compliance with labor legislation, including joint inspections with government bodies control (supervision), to take measures to eliminate the revealed violations of the rights of members of the Trade Union, trade union organizations;
Monitoring the compliance with the current legislation of the decisions made by the technical labor inspectors of the Trade Union;
Organization and participation in inspections carried out at the suggestions of the governing bodies of the Trade Union in terms of control over the activities of regional (interregional), territorial organizations of the Trade Union on labor protection;
Submitting to the Central Committee of the Trade Union, as well as to the FNPR, annual information on the activities of the technical labor inspectorate of the Trade Union and making proposals for improving its activities;
Preparation of proposals for conducting at least once every 3 years of training, organized in accordance with the work plan of the Central Committee of the Trade Union;
Study and analysis of statistical data of regional (interregional) organizations of the Trade Union on different directions labor protection activities;
Generalization of the work practice of technical labor inspectors of the Trade Union on the implementation of trade union control over compliance with labor protection legislation;
Development of work plans of the technical labor inspectorate, taking into account the proposals of the Standing Committee of the Central Committee of the Trade Union on labor protection.
5.8 The technical (chief technical) labor inspector of the Trade Union is appointed and dismissed by the chairman of the regional (interregional) organization of the Trade Union. The Chief Technical Labor Inspector of the Trade Union is appointed and dismissed by the Chairman of the Trade Union.
5.9. The chairman of the regional (interregional) organization of the Trade Union must, within a week, notify the Central Committee of the Trade Union and the chief technical labor inspector of the Trade Union about the appointment and dismissal of technical (chief technical) labor inspectors of the Trade Union.
5.10. The Central Committee of the Trade Union, interregional (regional) organizations of the Trade Union independently determine the staffing of technical labor inspectors of the Trade Union.
5.11. Complaints about the decisions made by the technical (chief technical) labor inspectors of the Trade Union are considered by the respective elected sole and (or) collegial executive body the organization of the Trade Union, and, if necessary, by the higher elected collegial executive body of the organization of the Trade Union in the manner established in the organization of the Trade Union.
5.12. Disagreements over decisions made by the Chief Technical Labor Inspector of the Union are considered by the Chairman of the Union.
Appendix No. 1 to the Regulation
Form 1-TI
Technical Labor Inspection
(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)
Submission No. ____ dated ___________ 200_
on elimination of revealed violations of the legislation on labor protection, the environment and
compulsory social insurance from
industrial accidents and occupational diseases
To whom ______
Full Name
Copy: Chairman of the trade union committee of the organization
______________________________________________________________
Full Name
In accordance with article 20 Federal law"On trade unions, their rights and guarantees of activity", Article 370 of the Labor Code of the Russian Federation, Article 68 of the Federal Law "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" I PROPOSE to eliminate the following violations:
I ask you to inform the technical (chief technical) labor inspector of the Trade Union about the results of the consideration of the Submission and the measures taken by _____________ 200_. Technical (chief technical) inspector Labor of the Trade Union according to __________________________ _______________ republic, territory, region, city signature ______________________________________________________________________________
surname, name, patronymic, office phone number Submission received by _________________________________________________________ surname, name, patronymic, position ___________________ _____________________
signature date, time
Appendix No. 2 to the Regulation
on the Technical Labor Inspectorate of the Trade Union
Form 2-TI
Technical Labor Inspection
All-Russian Trade Union of Workers of State Institutions
and public services of the Russian Federation
(Moscow, 119119, Leninsky prospect, 42, tel .: 938-81-64; 938-79-77)
Requirement No. ___ dated ____________ 200_.
on the prosecution of persons guilty of violating the norms
legislation on labor protection, environment and mandatory
social insurance against industrial accidents
and occupational diseases
To whom_________________________________________________________ ______________________________________________________________
position, surname, name, patronymic of the head of the body of state supervision and control
Surname, name, patronymic of the head of the organization
In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", Article 370 of the Labor Code of the Russian Federation, Article 68 of the Federal Law of the Russian Federation "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Accidents cases at work and occupational diseases " I am making a request to involve ________________________________________________________________________________
(disciplinary, administrative, criminal)
Responsibility
(position, full name of the person (s) who committed the violation)
per_____________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
labor, environment and industrial accident insurance
and occupational diseases)
O the decision please inform the technical (chief technical) labor inspector by ______________________________
(day month Year)
Appendix: Submission from "__" _____________ 20___. No. ________ Technical (chief technical) labor inspector _________________________________________
Signature
________________________________________________________________________________________
Full Name
Appendix No. 3 to the Regulation
on the Technical Labor Inspectorate of the Trade Union
Form 3-TI
Technical Labor Inspection
All-Russian Trade Union of Workers of State Institutions
and public services of the Russian Federation
(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)
REQUIREMENT No. _____ dated ________________ 200__
on the suspension of work in cases of an immediate threat to the life and health of employees
To whom____________________________________________________________________________
Full Name
_____________________________________________________________ _____________________________________________________________
position, organization name
Copy: to the chairman of the trade union committee organizations _____________________________________________________
Full Name
In accordance with article 20 of the Federal Law "On trade unions, their rights and guarantees of activity", article 370 of the Labor Code of the Russian Federation. Request to suspend ________________________________________________________________________________
(name of works, production equipment, machines,
____________________________________________________________________________________________________
machinery or production sites, workplaces, etc.)
_____________________________________________________________________________________________________
(statement of violations of regulatory requirements for labor protection,
______________________________________________________________________________________________________
Posing an immediate threat to the life and health of employees,
_______________________________________________________________________________________________________
________________________________________________________________________________________________________
on labor protection)
Technical (chief technical) labor inspector for _____________________ ____________ ___________________ signature surname, acting The request was received by "___" _______ 200__. at "___" hours, "___" minutes ______________________________________________________________ signature surname, name, patronymic
Position
Trade unions and others authorized by employees representative bodies represented by legal and technical labor inspectorates, authorized (authorized) persons for labor protection have the right to monitor compliance by employers with labor legislation, including labor protection legislation.
Trade union representative (trustee) may be a trade union organizer, a trade union organization, the head of a trade union, an association (association) of trade unions, a trade union body or another person authorized to represent the charter of a trade union, an association (association) of trade unions, a regulation on a primary trade union organization or a decision of a trade union body. This definition is enshrined in Art. 3 of the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity."
Control over labor protection by the forces of authorized persons is carried out continuously. This quality favorably distinguishes given view control from all its other forms. The more employees will be involved in public control, the higher its effectiveness will be.
Authorized persons for labor protection act on the basis of the Recommendations for the organization of work of an authorized (trusted) person for labor protection of a trade union or labor collective, approved by the decree of the Ministry of Labor of Russia dated April 8, 1994 No. 30, as well as on the basis of model provision on the authorized trade union body for labor protection, approved by the relevant decree of the governing elected body of the corresponding all-Russian trade union association, or a similar document.
Trade unions provide election of commissioners in the organization and in its structural units. Commissioners are elected by open or secret ballot at a meeting (conference) of the primary trade union organization or at general meeting employees of the organization and structural unit for the term of office of the elected trade union body. From total commissioners may be elected senior health and safety officer of the organization, who can be a member of a trade union committee. The senior commissioner and other commissioners (from structural divisions) may be elected to the joint committee (commission) on labor protection of the organization. If there are several trade unions in the organization, each of them is given the right to nominate candidates for the election of their representatives. The union's senior OSH officer coordinates the work of all OSH officers in the organization.
In accordance with Art. 25-27 of the Federal Law "On trade unions, their rights and guarantees of activity" guarantees apply to the commissioner as an employee who is a member of a trade union body and is not released from his main job or elected (delegated) to trade union bodies.
Trade union technical labor inspectorate, its rights
In accordance with Art. 370 of the Labor Code of the Russian Federation to monitor compliance with labor legislation and other regulatory legal acts containing labor law norms, the implementation of collective agreements, agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions, which are endowed with the powers provided for by the provisions approved by the all-Russian trade unions and their
associations. Interregional, as well as territorial associations (associations) of organizations of trade unions operating on the territory of a constituent entity of the Russian Federation can create legal and technical labor inspections of trade unions, which act on the basis of the adopted provisions in accordance with the standard regulations of the corresponding all-Russian association of trade unions.
By the Decree of the Executive Committee of the General Council of the Federation of Independent Trade Unions of Russia (FNPR) dated December 19, 2005 No. 7-6 approved new edition Regulations on Technical Labor Inspection, which stipulate the main tasks of the technical inspection, as well as its powers.
In accordance with the aforementioned Regulation, the technical labor inspectorate is an authorized representative body of trade unions, is independent and independent in its activities and is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and the environment, social insurance against accidents on production and occupational diseases, statutes of trade unions and the Regulation on the technical inspection of labor.
The technical labor inspectorate carries out its activities in cooperation with the federal executive bodies performing the functions of developing public policy, legal regulation, control and supervision in the established area of activity, legislative and judicial authorities, law enforcement agencies, territorial bodies of federal services and agencies, executive authorities of the constituent entities of the Russian Federation, local government bodies, bodies performing functions in the field of compulsory social insurance against accidents at work and occupational diseases, as well as with employers and their associations. Works in close contact with primary trade union organizations, authorized (trusted) persons for labor protection of trade unions, joint committees (commissions) for labor protection, public unions and associations in the field of labor protection and the environment.
The heads of the technical labor inspection of the all-Russian association of trade unions, the all-Russian trade union and their trade union organizations, the territorial association of trade union organizations are the chief technical labor inspectors of the corresponding trade union body. Their deputies are deputies to the chief technical labor inspector.
Technical labor inspectorates, in accordance with the tasks assigned to them, perform the following functions:
- - take part in the development and formation of federal, regional and sectoral programs on labor protection and the environment, special measures for the social protection of workers injured at work;
- - submit proposals on labor protection, industrial and environmental safety and compulsory social insurance against industrial accidents and occupational diseases in the general, regional, sectoral (intersectoral), territorial and other agreements;
- - summarize the experience of applying federal and regional legislation in the field of labor protection, the environment, compulsory social insurance against accidents and occupational diseases and make proposals for their improvement;
- - provide advice to primary trade union organizations on issues of labor conditions and safety, environment, health of workers, as well as on the formation of measures for the section of the collective agreement and agreements on labor protection;
- - inform the relevant state and local authorities about the facts of violation of the legislation on labor protection, the environment and compulsory social insurance against industrial accidents and occupational diseases;
- - participate in the dissemination of knowledge in the field of labor and environmental protection, compulsory social insurance against industrial accidents and occupational diseases;
- - carry out a selective examination of projects for the construction and reconstruction of existing facilities for industrial purposes, new technologies, equipment, machines, mechanisms, vehicles, for their compliance with the requirements of labor protection and environmental safety, as well as means of collective and individual protection of workers for a certificate of conformity or safety;
- - Consider appeals from members of trade unions on labor protection, the environment and compulsory social insurance against industrial accidents and occupational diseases;
- - together with the labor protection activists of the trade union exercise control over the implementation by employers of measures to improve labor conditions and safety provided for in the collective agreement and agreement, as well as over the certification of workplaces for working conditions;
- - provide methodological assistance to authorized (trusted) persons on labor protection of trade unions, perform other functions.
Should the employer allow a trade union inspector into the territory of the organization, if he has not presented a special certificate What sanctions can a trade union inspector apply to an employer for non-compliance with labor protection standards Are the labor protection officer covered by guarantees against dismissal if he is elected in violation of the established procedure
Ivanova Anna Andreevna, Head of Labor Law Practice at Egorov Puginsky Afanasiev & Partners
Leonova Anna Alexandrovna, trainee lawyer at Egorov Puginsky Afanasiev & Partners
It is the employer's responsibility to provide a safe working environment at the enterprise. For this, companies create special departments that deal with labor protection. At the same time, trade unions are also quite actively involved in ensuring safe working conditions. For example, they can elect their OSH inspectors and give them fairly broad powers. Such persons, in particular, can send employers submissions to eliminate the identified violations, and in some cases even demand the suspension of production due to non-compliance with legal norms. Members of the primary union can also monitor safety at work. To do this, they need to obtain the status of a labor protection commissioner. This status gives them a rather important advantage - the employer does not have the right to fire them without the consent of the trade union. However, unfortunately, in practice, employees often abuse this guarantee and are only formally authorized. In order to curb union fraud, an employer should be aware of the rules that union representatives must follow.
An employer has the right to prohibit a trade union inspector from entering his territory in the absence of appropriate documents
The trade union inspector and the labor protection ombudsman have similar powers when exercising control and supervision over the observance of labor legislation and labor protection (). However, in terms of the amount of guarantees provided to them, their statuses differ. First of all, it should be understood that in accordance with Federal Law of 12.01.1996 No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity" (hereinafter referred to as the Law on Trade Unions), trade union inspectors are members of the labor inspection created in the trade union. These inspections are created for the purposes of trade union control. The activities of trade union labor safety inspectors are regulated by the Labor Code of the Russian Federation, as well as by the internal documents of the trade union. Requirements for trade union labor inspectors are enshrined in special regulations of the trade union and provide for: the election of the inspector, his work experience, the availability of special skills and knowledge, the availability of a special certificate, reporting requirements, etc. It should be remembered that the right to create such inspections endowed, firstly, with all-Russian trade unions and their associations and, secondly, with an interregional or territorial association (association) of trade union organizations. Trade union inspectors operating on the territory of the constituent entity of the Russian Federation can visit any employers for whom trade union members work. The employer cannot refuse such inspectors to enter the organization's premises to carry out their duties. However, one important condition must be taken into account - the order of visiting the organization must be established by the documents of the trade union. Therefore, the employer has the right to request documents regulating the activities of the labor inspectorate and the procedure for visiting the organization. In the absence of such documents, the trade union inspector may be denied a visit to the organization.
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The chairman of the primary trade union organization appealed to the employer with a request to provide the opportunity to visit the workplace of a trade union member, to check the employer's compliance with the requirements of labor legislation in terms of providing an employee without dangerous conditions labor. This request was denied. The prosecutor's office did not find grounds for taking measures of the prosecutor's response. The court agreed with the position of the employer and the prosecutor, stating the following. The chairman of the primary trade union organization did not prove that he is a person entitled to monitor the state of labor protection and visit the workplace of a trade union member. They were not presented with the relevant documents confirming his powers. Thus, the claims were denied (ruling of the Sverdlovsk Regional Court dated 02.02.2012 in case No. 33-1313 / 2012). |
It should be noted that a trade union inspector, like the state labor inspectorate, has the right to visit the employer's territory either within scheduled inspection, or initiated at the request of the employee. As a rule, the employer must be notified of the audit in advance or on the eve of its implementation. It should also be borne in mind that if there are no members of the relevant trade union in the organization, the employer has the right to prevent trade union inspectors from entering its territory.
Trade union inspectors have the right to conduct independent expertise working conditions and ensuring the safety of workers. However, the procedure for conducting such an examination is not provided for by the legislator. In this regard, it can be concluded that the results of such an examination will be of a recommendatory nature for the employer. It should be noted that failure to comply with the recommendations of the examination does not relieve the employer from liability for non-compliance mandatory requirements to create safe working conditions.
A trade union inspector cannot hold the employer liable for failure to comply with the issued order
One of the main powers of inspectors is to protect the rights of trade union members on compensation for damage caused at work. The Trade Union Law provides for the right of trade unions to represent and protect the social and labor rights and interests of workers. It should be noted that trade unions can represent the interests of their members, as well as other employees, but only if the union unites the majority of employees or an employee has given the union the right to represent its interests. One of the powers of the inspectors is to request the suspension of work. It should be noted that the suspension of activities is provided for by the Code of Administrative Offenses of the Russian Federation, however, such a decision can only be made by a court (). Therefore, such a requirement of a trade union labor protection inspector is rather advisory in nature. If employees believe that working conditions threaten their life and health, then according to Art. and the Labor Code of the Russian Federation, they can resort to self-defense of their rights, refusing to perform work and notifying about it in writing your employer.
Trade union inspectors can send submissions to rectify violations. However, it should be borne in mind that the trade union inspector cannot bring the company to administrative responsibility and demand that the order be fulfilled within the prescribed period. In this regard, the instructions of the trade union are for informational purposes only. The obligation to comply with the instructions is retained only by the state labor inspector (GIT). However, it should not be forgotten that the bindingness of the regulations of the trade union can be established by a collective agreement. In such a situation, the trade union inspector may demand the fulfillment of his instructions, then the employer's refusal to fulfill them can be regarded as a violation of the terms of the collective agreement. If such a condition is not enshrined in the contract, then these instructions for the employer are nothing more than a recommendation. But in any case, employers are obliged to inform the appropriate trade union body about the results of consideration of this requirement and the measures taken (part 2 of article 370 of the Labor Code of the Russian Federation) within a week from the date of receipt of the request to eliminate the identified violations. In this case, in fact, the employer must provide only information about whether the trade union inspector's request to eliminate violations has been considered, as well as about what measures have been taken. The legislation does not provide for any real levers for bringing the employer to justice by the trade union inspector.
It should also be remembered that a trade union inspector can contact labor inspection or a court demanding that those guilty of violating labor laws be held accountable. However, this right is not exclusive: any employee, regardless of membership in a trade union and the status of a trade union inspector, can apply to the appropriate authorities. At the same time, only an official can be brought to administrative responsibility under the Code of Administrative Offenses of the Russian Federation, and not any employee against whom a complaint was filed. Only GIT inspectors have the right to determine to whom to apply administrative responsibility, and whether the employee is an official with organizational and administrative functions in the company. Thus, we can conclude that the representations and appeals addressed to the employer are rather advisory in nature.
The employer may not dismiss the OSH without the consent of the trade union.
The primary trade union organization (which operates at a specific enterprise) is not entitled to create a trade union inspectorate. However, she has the right to elect the OSH commissioners. Such persons must be employees of a specific organization and, accordingly, their composition is approved in this organization by a collective of workers. In order to monitor compliance with labor legislation and labor protection rules, they, like trade union inspectors, can check compliance with labor protection requirements and make mandatory proposals to eliminate the violations identified (part 8 of article 370 of the Labor Code of the Russian Federation). Occupational safety officers can take part in the investigation of industrial accidents and occupational diseases. The requirement for the participation of a representative of an elected trade union body in the accident investigation commission is also enshrined in Part 1 of Art. 229 of the Labor Code of the Russian Federation. In this regard, if a trade union member is at the same time authorized for labor protection, then the employer immediately fulfills the requirements of both the Labor Code of the Russian Federation. At the same time, guarantees for the labor protection commissioner are also enshrined in labor legislation and are equivalent to the guarantees of an ordinary member of the trade union. In this regard, of particular interest is paragraph 4 of Art. 25 of the Law on Trade Unions, according to which disciplinary action, transfer to another job or dismissal at the initiative of the employer of the labor protection representatives of the trade union is possible only with the prior consent of the trade union body of the primary trade union organization. It should be noted that the above guarantees are not enshrined in labor legislation. The legislator does not explain what the employer should do if the labor protection ombudsman has not passed probation, showed unsatisfactory performance according to the results of certification or committed absenteeism, and the trade union does not agree on the termination of labor relations. On the one hand, the employer can challenge the union's refusal to fire such an employee in court. But in practice, situations often arise when an employee abuses his right, being a labor protection commissioner only formally. Therefore, first of all, it is necessary to find out whether the status of a labor protection commissioner complies with legal requirements.
If the labor protection ombudsman was elected with violations, then the guarantees upon dismissal do not apply to him.
The requirements for a labor protection commissioner are detailed in the Resolution of the Ministry of Labor of the Russian Federation of 08.04.1994 No. 30 "On approval of the Recommendations for organizing the work of an authorized (trusted) person for labor protection of a trade union or labor collective" (hereinafter - Recommendations). According to this document the position of the labor protection commissioner is elective and is of a temporary nature. At the same time, the duties of the labor protection officer include the provision of periodic reports, he is responsible for the performance of the functions assigned to him, etc.
Thus, if an employee has a nominal position of a labor protection ombudsman and does not use the guarantees provided by law for the purpose of protecting the rights and interests of trade union members, then the activities of such an ombudsman cannot be recognized as legal, since it contradicts the principles of the existence of a trade union, is an abuse of the right and infringes on legal rights. employer. This conclusion is also confirmed by judicial practice.
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Arbitrage practice. The employee, who was the authorized person for labor protection, was dismissed on the basis of clause 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation in connection with absenteeism. In her opinion, the dismissal is illegal, since it could have happened only with the consent of the primary trade union organization. However, the courts of the first and second instances refused to satisfy the claim in full, citing the fact that the plaintiff did not provide evidence of compliance with the requirements set forth in the Recommendations to the Ombudsman. In particular, it was noted that the employee did not provide evidence that she was elected to this position at a general meeting of the labor collective (ruling of the Sverdlovsk Regional Court dated 20.09.2011 No. 33-11517 / 2011). |
If the employer has no doubts about the authority this employee then he should seek the consent of the primary trade union organization. In such a situation, it will be necessary to follow the procedure for requesting a reasoned opinion from the trade union. Since it is not contained in the Law on Trade Unions itself, you should refer to the Labor Code of the Russian Federation, namely, to, in accordance with which the trade union must give its reasoned opinion on dismissal within seven working days from the date of receipt of the draft order and copies of documents that became the basis for making a decision to terminate the employment contract. If such an opinion is not presented within seven days, the employer may not take it into account. However, if the trade union does not agree to dismissal within the timeframe provided by law, then in fact the employer is deprived of the opportunity to dismiss the labor protection ombudsman. But here it should be borne in mind that the trade union must motivate its opinion and its refusal must be connected precisely with the fact that the employer is persecuting the employee for his trade union activities. As stated in the ruling of the Constitutional Court of the Russian Federation of 04.12.2003 No. 421-O, the employer has the right to go to court with the recognition of the refusal of the trade union body as illegal, and if the court recognizes it as such, he will have the right to dismiss the employee. Thus, even in the event of a refusal by the trade union body, the employer has the opportunity to fire the employee. However, this will be possible only after receiving judicial assessment the position of the trade union in this dispute.
Berdinskikh Ivan Viktorovich, lawyer in the Moscow office of the international law firm Baker & mckenzie
The participation of the trade union inspector in the additional investigation of the accident is optional.
When investigating an accident, the employer includes a representative of an elected body of a primary trade union organization or another representative body of workers authorized for labor protection in the commission for investigation of the Labor Code of the Russian Federation. Thus, if a primary trade union organization is established at the enterprise, then in the investigation of an industrial accident in the usual manner, the participation of trade union representatives is mandatory. In its absence, a representative of another representative body of employees, authorized for labor protection, is included in the investigation commission. The question of the participation of a trade union representative in the investigation of a hidden accident or during an additional investigation of an accident by a state labor inspector is regulated separately in the Labor Code of the Russian Federation. According to this norm, additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector. This wording is in practice the subject of a dispute about whether or not a union representative should be included on a mandatory basis in the commission for additional investigation of the accident. Judicial practice confirms that this issue can be resolved by the state labor inspector, who conducts additional investigation, at his own discretion. Thus, the Perm Regional Court overturned the decision of the lower district court, which found it a significant violation of the procedure to conduct an additional investigation of the accident without the participation of a trade union representative (cassation ruling of 22.08.2011 in case No. 33-8343). In the motivation part this definition it is indicated that the involvement and participation in the additional investigation of a trade union labor inspector is not mandatory, since the Labor Code of the Russian Federation provides only the right of the state labor inspector to involve other persons in the additional investigation of the accident, but not his obligation. However, it should be borne in mind that the employer's obligation to ensure the participation of trade union representatives in the investigation of all industrial accidents, without exception, is stipulated in most industry agreements (for example, the Industry Agreement on Subsoil Use Organizations of the Russian Federation for 2011–2013, the Industry Agreement on Chemical and Biotechnological Organizations and the chemical-pharmaceutical industry of the Russian Federation for 2012–2014).According to the Federation of Independent Trade Unions of Russia (http://www.fnpr.ru/n/241/7067.html), trade unions actively use their right to participate in the investigation of industrial accidents, and with the participation of technical labor inspectors only FNPR in 2011 more than 4.3 thousand accidents were investigated.
Approved by
by the Executive Committee
Trade union 11.11.2014, No. 15-6i
P O L O L E N I E
on technical labor inspection
trade union of workers of construction and industry
building materials of the Russian Federation
1. General Provisions
1.1. This Regulation was developed on the basis and in accordance with the Charter of the trade union of construction and industry workers building materials Of the Russian Federation, federal laws: "Labor Code of the Russian Federation", "On trade unions, their rights and guarantees of activity", "On compulsory social insurance against industrial accidents and occupational diseases", "On special assessment working conditions "," On environmental protection "," Regulations on the technical labor inspection of the FNPR "(Resolution of the FNPR Executive Committee dated October 13, 2014, No. 5-17" On amendments and additions to the Regulations on the technical labor inspection "), and also other laws and regulations of the Russian Federation.
1.2. This Regulation defines the main directions of the activity of the technical inspection, the rights and obligations of the full-time and freelance technical labor inspectors of the trade union.
1.3. The technical labor inspectorate of the trade union, together with the labor protection committees (commissions), authorized (trusted) persons of the trade union for labor protection, exercise trade union control over the observance of labor protection legislation in organizations.
1.4. Works in close contact with primary trade union organizations, public unions and associations in the field of labor protection and the environment.
1.5. The technical labor inspectorate of the trade union carries out its activities in cooperation with the federal executive authorities responsible for the development of state policy, legal regulation in the construction and construction materials industry, legislative and judicial authorities, law enforcement agencies, territorial bodies of federal services and agencies, bodies executive power of the constituent entities of the Russian Federation, local government bodies, bodies performing functions in the field of compulsory social insurance, against industrial accidents and occupational diseases, as well as with employers and their associations.
1.6. The Technical Labor Inspectorate is an authorized representative body of the trade union, is independent and independent in its assessments of the state of conditions, labor protection, industrial, fire and environmental safety at work, is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and the environment, social insurance against industrial accidents and occupational diseases, the Charter of the trade union and these Regulations and protects the rights of trade union members throughout the territory of the Russian Federation.
2. Functions of the technical labor inspectorate of the trade union
2.1. Implementation of trade union control over compliance by employers and their representatives with the legislation on labor protection (including a special assessment of working conditions), environmental protection, compulsory social insurance against industrial accidents and occupational diseases, other regulatory legal acts containing labor law, as well as the fulfillment of conditions collective agreements, agreements in the field of labor protection at enterprises, institutions and other organizations of the construction industry, regardless of the organizational and legal forms and forms of ownership in which trade union members work.
2.2. Organization and conduct of inspections of the state of working conditions and labor protection in organizations of the construction and building materials industry, as well as environmental protection. In the control activities of the inspectorate, most of the inspections should be thematic inspections.
2.3. Protection of the legitimate rights and interests of trade union members to healthy and safe working conditions: control of the level of guarantees and compensations provided to the employee in connection with harmful and hazardous working conditions based on the results of the SAUT, for compensation for harm caused to the employee's health by injury, occupational disease, or other damage to health, associated with the performance of his labor duties.
2.4. Providing practical and legal advice to authorized (trusted) persons of the trade union for labor protection, members of the labor protection committee (commission), freelance technical labor inspectors, and members of the trade union.
2.5. Participation in the development and formation of federal, regional and sectoral programs on labor protection and the environment, special measures for the social protection of workers injured at work.
2.6. Control, together with the trade union activists, of the completeness and correctness of spending the funds provided for by collective agreements and agreements for measures to protect labor and the environment.
2.7. Analysis and generalization of the causes of injuries, violations of labor protection requirements and preparation of recommendations for their elimination. Preparation of proposals on the need for amendments and additions to regulatory legal acts and local regulations on labor protection.
2.8. Informing the relevant state authorities and local self-government bodies about the facts of violation of the legislation on labor protection, the environment and insurance against industrial accidents and occupational diseases.
2.9. Study and generalization of problematic issues on labor protection and the environment. Taking, within the limits of its authority, the necessary measures to resolve issues on the spot. Submission to the Central Committee of the trade union of proposals on problems requiring a solution at the federal level. Preparation of proposals on these issues for their submission to the General, sectoral, territorial and other agreements.
2.10. Consideration of letters, appeals and statements of primary trade union organizations, trade union members on labor protection, the environment and insurance against industrial accidents and occupational diseases. Preparing substantiated explanations, recommendations and taking necessary corrective actions established facts violations of the applicants' rights.
2.11. Submission to the elected trade union body of proposals on labor protection, industrial, fire and environmental safety, insurance against industrial accidents and occupational diseases, improving the system of trade union control in these areas.
2.12. Conducting a selective examination of projects for the construction and reconstruction of existing production facilities, new technologies, equipment, machines, mechanisms, vehicles, for their compliance with labor protection and environmental safety requirements, as well as for collective and individual protection of workers for a certificate of compliance or safety.
2.13. Provision of methodological and practical assistance to the heads of primary trade union organizations, authorized (trusted) persons of the trade union for labor protection in organizations. Organization of their periodic training and professional development.
2.14. Consulting and organization of preparation of trade union activists for participation in the commissions for the implementation of the SAWS.
2.15. Control over the mandatory participation of a trade union representative in the commission for a special assessment of working conditions and compliance with the requirements of the SAUT procedure.
2.16. Submission to the relevant trade union and economic bodies of proposals for improving the conditions, labor protection and the environment of workers, as well as the application of economic sanctions to officials for violations in this area.
2.17. Assisting trade union members and elected trade union bodies in drafting statements of claim to the judiciary in defense of the legal rights of workers in the field of labor protection, the environment, against industrial accidents and occupational diseases and representing their interests in the courts in case of violation by employers of workers' rights in this area.
2.18. Preparation of an annual report on the work done in the form of 19-TI (Appendix No. 1).
3. Formation of technical inspection
3.1. The Technical Labor Inspectorate includes full-time and freelance technical labor inspectors who can operate in all organizational structures trade union.
3.2. At the level of the Central Committee of the trade union, technical labor inspectors are part of the apparatus of the Central Committee of the trade union of Russian builders.
Service sector - all trade union organizations that are members of the Russian builders' trade union.
3.3. At the level of the regional organization of the trade union, technical labor inspectors are part of the apparatus of the regional organization of the trade union of Russian builders.
The service sector, as a rule, extends to all trade union organizations that are part of the trade union of builders of Russia on the territory of a constituent entity of the Russian Federation.
3.4. The position of a technical (chief technical) inspector is a person with a higher technical education and experience practical work in the specialty for at least three years at the enterprises of the construction and building materials industry of the Russian Federation. In some cases, taking into account official and personal data, a person who worked in other industries and transport and meets the above requirements may be hired for the position of a technical (chief technical) labor inspector.
3.5. The technical labor inspector must be a member of the industry union.
3.6. The position of a technical labor inspector is called: "Technical (chief technical, freelance technical) labor inspector of the Trade Union of workers in the construction and construction materials industry for ..." (hereinafter the name of the territory of the subject of the Russian Federation is indicated).
The position of the chief technical labor inspector is equal to the position of the head of the department of the structural unit of the apparatus of the trade union body. The position of the deputy chief technical labor inspector is equivalent to the position of the deputy head of the department. The position of a technical labor inspector is equivalent to the position of a chief specialist, or a team leader.
3.7. With the technical (chief technical) labor inspector of the union labor contract concludes the head of the regional organization, with the obligatory condition of a three-month trial when hiring in order to verify its compliance with the assigned work, in the manner prescribed by article 70 of the Labor Code of the Russian Federation.
The technical (chief technical) labor inspector of the trade union acquires the powers stipulated by the legislation and this Regulation, after his approval in office by the Executive Committee of the Trade Union. For these purposes, the head of the regional organization of the trade union, before the expiration of a three-month period, submits to him to the Central Committee of the trade union two photographs of 3x4 cm and copies of documents: an order (order) on employment, a labor contract, information confirming compliance with the requirements for qualifications of a candidate (p. 3.4.).
If the Executive Committee of the Trade Union does not approve the candidacy for the position of technical (chief technical) labor inspector, he is subject to dismissal as not passed the test when hiring with the obligatory indication of the reasons that served as the basis for recognizing him as having failed the test.
3.8. A technical (chief technical, freelance) labor inspector, approved in accordance with the established procedure, is issued a certificate of the established form. The certificate is certified by the round seal of the Trade Union and signed by the chairman or deputy chairman of the Trade Union of Russian Builders.
Dismissal of a (full-time, freelance) technical labor inspector is carried out by the executive committee of the regional organization of the trade union.
Upon dismissal of a full-time technical inspector and the termination of the activities of a freelance technical inspector, his certificate is withdrawn by the head of the regional organization of the trade union.
3.9. Technical (chief technical) labor inspectors, after being approved in the position in accordance with the established procedure, undergo special training in the system of continuing education on labor protection, and also at least once every three years, undergo training (advanced training) in labor protection with the subsequent issuance of the appropriate certificates. In addition, the Central Committee of the trade union organizes a seminar-meeting on topical issues of labor legislation for technical (chief technical) labor inspectors once every two years.
3.10. The location of the workplace (office) of the technical labor inspector is determined by the relevant trade union body, taking into account the established practice and the specifics of trade union services.
3.11. The technical (chief technical) labor inspector reports directly to the head of the trade union organization to which he is employed.
3.12. Illegal actions of a technical (chief technical) labor inspector can be appealed against in an elected trade union body, in charge of which is a technical (chief technical) labor inspector.
3.14. Funding for technical labor inspectors comes from Money trade union under the management of the Central Committee of the trade union or the relevant regional organization of the trade union.
3.15. The technical labor inspector is subject to the terms of remuneration, bonuses, allowances and surcharges established in the relevant trade union organization.
3.16. Funding for a technical labor inspector can be carried out with the participation of several regional organizations of the trade union. At the same time, the service sphere of the technical labor inspector applies accordingly to these organizations.
3.17. The head of the regional organization of the trade union has the right to instruct the technical inspector, taking into account his knowledge and practical experience perform certain functions of a legal labor inspector of a trade union, if the position of the latter is not provided staffing table, with appropriate certification in the legal labor inspection of the trade union of workers in the construction and construction materials industry of the Russian Federation.
4. Rights and obligations of the technical (main technical)labor inspector
4.1. To freely visit (upon presentation of a certificate of the established sample) organizations, regardless of their organizational and legal forms and forms of ownership, their structural units workplaces where members of this trade union or trade unions work, to carry out inspections of compliance with labor legislation and other regulatory legal acts containing labor law norms, legislation on trade unions, on compulsory social insurance against industrial accidents and occupational diseases, environmental protection environment, as well as the fulfillment of the terms of the collective agreement, agreement.
4.2. Submit to employers mandatory for consideration submissions on the elimination of identified violations of laws and other regulatory legal acts on labor protection, as well as identified violations of legislation on environmental protection and compulsory social insurance against industrial accidents and occupational diseases.
4.3. Submit demands to the employer to suspend work in cases of immediate threat to the life and health of employees.
4.4. Participate in the examination of the safety of working conditions at the designed, built and operated production facilities, in the examination of the safety of designed, operated mechanisms and tools.
4.5. Take part in the investigation of industrial accidents and occupational diseases.
To take part (regardless of the statute of limitations) in the investigation together with the state labor protection inspector of the detected hidden accident at work, upon receipt of a complaint, application, other appeal of the victim, his proxy or relatives of the deceased as a result of the accident about their disagreement with the conclusions of the commission on investigation, as well as upon receipt from the employer (his authorized representative) of information about the consequences of an industrial accident after the end of the temporary disability of the victim.
To represent the interests of the victim (at his request) during the medical and social examination with an advisory vote.
Protect the rights and interests of members of the trade union on the issues of compensation for harm caused to their health at work.
Participate in the work of a special commission for the technical investigation of accidents at hazardous production facilities.
4.6. Apply to the relevant authorities with a requirement to prosecute officials guilty of violating the legislation on labor protection, the environment, compulsory social insurance against industrial accidents and occupational diseases, concealment of the facts of industrial accidents, as well as failure to comply with the submissions of technical labor inspectors ...
4.7. Receive information from managers and other officials of enterprises, organizations, employers - individual entrepreneurs on the state of labor conditions and safety, environmental protection, as well as on all industrial accidents and occupational diseases.
4.8. Participate in the work of commissions for testing and commissioning of production facilities and means of production as independent experts.
4.9. Participate in the development of laws and other normative legal acts containing labor law norms.
Participate in the development of draft by-laws on labor protection, as well as coordinate them in the manner established by the Government of the Russian Federation.
4.10. Inspect the state of labor conditions and safety, the environment, the fulfillment by employers of the obligations stipulated by collective agreements and agreements.
4.11. Take part in the consideration of labor disputes related to violation of labor protection legislation, obligations established by collective agreements and agreements, as well as changes in working conditions.
Apply to the state labor inspectorate on individual or collective labor disputes to take measures to eliminate violations of labor protection legislation.
4.12. The results of the inspection are drawn up in writing in the form of the following documents filled in according to the established forms:
form 1-TI- presentation on the elimination of the revealed violations of the legislation on labor protection ... (Appendix No. 2);
form 2-TI- the requirement to prosecute persons guilty of violating labor protection legislation ... (Appendix No. 3); form 3-TI- the requirement to suspend work in cases of an immediate threat to the life and health of employees (Appendix No. 4).
4.13. An appeal against decisions made by the technical (chief technical) labor inspector of the trade union is carried out by the executive committee of the corresponding regional organization of the trade union. The final decision is made by the Executive Committee of the Trade Union.
4.14. Based on the accounting data of inspections and relevant documents drawn up in accordance with the established requirements, other data on their work, draw up annual reports on their work in the form of 19-TI (Appendix No. 1) and send them to the Central Committee of the Trade Union within the prescribed time frame.
5. Chief Technical Labor Inspector of the Central Committee of the Trade Union
5.1. Coordinates the activities of technical (chief technical) labor inspectors of regional trade union organizations.
5.2. Develops the Regulations on the technical labor inspection of the trade union, makes proposals on amendments and additions to the Regulations.
5.3. Takes part in the development of laws and other regulatory legal acts containing labor law norms, coordinates them in the manner established by the Government of the Russian Federation. Informs technical inspectors of regional organizations about new regulations on labor protection.
5.4. Sets tactical tasks for technical labor inspectors at specific stages of the socio-political situation.
5.6. Prepares proposals for holding seminars-meetings of technical labor inspectors, for training and advanced training.
5.7. Summarizes annual reports in the form 19-TI (Appendix No. 1) on the work of technical labor inspectors of regional organizations, draws up a summary report and sends it to the FNPR.
6. Freelance technical inspector
6.1. A freelance technical labor inspector has the same status as a full-time technical labor inspector. He also enjoys all the rights and powers stipulated by this Regulation.
6.2. A freelance technical labor inspector keeps a record of his inspection activities in all aspects functional responsibilities and reports to the relevant regional organization of the trade union in the form 19-TI (Appendix No. 1) in due time. The responsible employee of the regional organization of the trade union draws up a summary report on the work of the freelance technical inspection and sends it to the Central Committee of the Trade Union in due time.
Explanations for filling out the 19-TI report
Form 19-TI (Appendix No. 1) is the same for all member organizations of the FNPR.
The report (form 19-TI) on the work of the full-time technical (chief technical) labor inspectors of the trade union does not take into account the freelance technical labor inspectors, as well as the work they have done.
A separate report is drawn up on the work of freelance technical inspectors in the form of 19-TI.
Reports (with an explanatory note) are submitted by the regional organizations of the trade union to the Central Committee of the trade union once a year and no later than February 1 after the reporting period.
Main and main feature of the 19-TI report for 2014 and subsequent years is his electronic form and, accordingly, the electronic channel of its transmission.
Rules for filling out an electronic form:
1. It is forbidden to translate the received Excel spreadsheet into other formats (Word, OpenOffice, Pdf, jpeg and ANY others), as they do not allow automated processing and analysis of report data.
2. It is forbidden to remove protection and make any changes to the structure of the table. Such files will be promptly returned to correct deficiencies.
3. It is forbidden to send files that have red inscriptions “Not filled in” to the right of the table and (or) a red notice at the bottom of the table “You have not filled in all the required cells. There should be no red words NOT FILLED! The report will be returned for revision without consideration. " Such files will be promptly returned to correct deficiencies.
4. Only cells where the cursor is placed are available for filling. Entering information into any other cells is blocked.
5. If you do not have the requested information from the table, put the DIGIT "0" (Zero) in the corresponding cell. Entering any non-numeric values into cells is programmatically locked. Only when the values are filled in for both the reporting and previous years, the red inscription "Not filled" goes out.
6. Values for a number of totals are calculated automatically after entering intermediate data.
7. Enter the name of the trade union organization starting with their territorial (regional) characteristics, for example, Moscow ..., Saratov, ... Sverdlovsk .... etc.
8. Pay attention to the clues in the cells with the red triangle. This will help you fill out the table accurately.
9. After a green full house appears at the bottom of the table “Thank you, you have filled in all required values... The report can be sent, it is accepted for consideration on the merits "be sure to save the file and send it to e-mail to the address specified when receiving the report file.
10. Reports sent by fax will not be considered.
11. A copy of the file on paper is signed and handed over to the authority as required.
In order to take into account the territorial specifics, you can enter additional indicators by indicating them outside the report table in the explanatory note.
Attached to the digital report explanatory note, which provides individual examples of items in the 19-TI report.
The note also provides a general analysis of the problems by region and industry (state industrial injuries and occupational morbidity, medical examinations, carrying out a special assessment of working conditions, providing personal protective equipment, guarantees and compensation for work in harmful and (or) dangerous working conditions, work of women, workers under the age of 18, etc.).
Additionally, the explanatory note reflects the information:
On the adoption and implementation of departmental and regional programs to improve labor conditions and safety;
On the observance of the legal rights and interests of the insured in accordance with the legislation on compulsory social insurance against industrial accidents and occupational diseases;
On generalization and dissemination of positive experience in labor protection and ecology, consideration of labor protection issues at meetings collegial bodies trade union, on participation in the preparation of draft laws and other normative legal acts containing labor law norms.
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Explanations on the points of the report |
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Persons held accountable only on the basis of the requirements of technical labor inspectors are taken into account. |
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The number of accidents by their types - group, severe, fatal, that occurred in the organizations of the construction industry where the trade union is organized is indicated. A group accident is counted as one accident regardless of the number of victims and the severity of the injury. |
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Only the aforementioned accidents, in which technical labor inspectors were involved, are counted. |
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Only written requests, statements and complaints are taken into account. |
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Line 85 takes into account statements of claim. Line 86 indicates the number of employees in favor of whom the judgments were made. |
If technical labor inspectors have been involved in defending union members in court, then copies of court decisions are attached to the explanatory memorandum.
14.04.2015P O L O L E N I E
ABOUT THE CHIEF TECHNICAL INSPECTOR OF LABOR
OF THE TRADE UNION OF EMPLOYEES OF THE RAS
1. GENERAL PROVISIONS
1.1. These Regulations have been developed on the basis and in accordance with the Charter of the Trade Union of RAS Workers, (hereinafter the Trade Union) Federal Laws: "Labor Code of the Russian Federation", "On Trade Unions, Their Rights and Guarantees of Activity", "On Compulsory Social Diseases", " assessment of working conditions ”, as well as other laws and regulations of the Russian Federation.
1.2. This Regulation defines the main directions of activity, rights and obligations of the chief technical labor inspector of the trade union.
1.3. The chief technical labor inspector of the trade union, together with the labor protection committees (commissions), authorized (trusted) persons of the trade union for labor protection, exercise trade union control over the observance of labor protection legislation in organizations.
1.4. Works in close contact with primary trade union organizations, public unions and associations in the field of labor protection and the environment.
1.5. The chief technical labor inspector is an authorized representative of the trade union, is independent and independent in his assessments of the state of conditions, labor protection, industrial safety in organizations, is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and social insurance against accidents cases at work and occupational diseases, the Charter of the Trade Union and these Regulations and protects the rights of members of the trade union throughout the territory of the Russian Federation.
2. FUNCTIONS OF THE CHIEF TECHNICAL INSPECTOR OF LABOR UNION
2.1. Implementation of trade union control over compliance by employers and their representatives with labor protection legislation (including a special assessment of working conditions), environmental protection, compulsory social insurance against industrial accidents and occupational diseases, other regulatory legal acts containing labor law norms, as well as for fulfillment of the conditions of collective agreements, agreements in the field of labor protection in organizations in which members of the RAS Workers' Trade Union work.
2.2. Organization and conduct of inspections of the state of working conditions and labor protection in organizations that were previously part of the Russian Academy of Sciences. In the control activities of the inspector, most of the checks should be thematic checks.
2.3. Protection of the legitimate rights and interests of trade union members to healthy and safe working conditions: control of the level of guarantees and compensations provided to the employee in connection with harmful and hazardous working conditions based on the results of the SAUT, for compensation for harm caused to the employee's health by injury, occupational disease, or other damage to health, associated with the performance of his labor duties.
2.4. Providing practical and legal advice to authorized (trusted) persons of the trade union for labor protection, members of the labor protection committee (commission), members of the trade union.
2.5. Control, together with the trade union activists, of the completeness and correctness of spending the funds provided for by collective agreements and agreements for measures to protect labor and the environment.
2.6. Analysis and generalization of the causes of injuries, violations of labor protection requirements and preparation of recommendations for their elimination. Preparation of proposals on the need for amendments and additions to regulatory legal acts and local regulations on labor protection.
2.7. Informing the Federal Agency for Scientific Organizations of Russia about violations of the legislation on labor protection, the environment and insurance against industrial accidents and occupational diseases.
2.8. Study and generalization of problematic issues on labor protection. Taking, within the limits of its authority, the necessary measures to resolve issues on the spot. Submission to the Central Council of the trade union of proposals on problems requiring solution at the federal level. Preparation of proposals on these issues for their introduction cross-sectoral agreement.
2.9. Consideration of letters, appeals and statements of primary trade union organizations, trade union members on labor protection and insurance against industrial accidents and occupational diseases. Preparation of substantiated explanations, recommendations and taking the necessary measures to eliminate the established facts of violation of the rights of applicants.
2.10. Submission to the elected trade union body of proposals on labor protection, insurance against industrial accidents and occupational diseases, improving the system of trade union control in these areas.
2.11. Provision of methodological and practical assistance to the heads of primary trade union organizations, authorized (trusted) persons of the trade union for labor protection in organizations. Organization of their periodic training and professional development.
2.12. Consulting and organization of preparation of trade union activists for participation in the commissions for the implementation of the SAWS. Control over the mandatory participation of a trade union representative in the commission for a special assessment of working conditions and compliance with the requirements of the SAUT procedure.
2.13. Submitting proposals to the relevant trade union bodies and employers on improving working conditions, labor protection of workers, as well as on the application of economic sanctions to officials for violations in this area.
2.14. Preparation of an annual report on the work done.
3. RIGHTS AND OBLIGATIONS OF THE CHIEF TECHNICAL INSPECTOR OF LABOR
3.1. To freely visit (upon presentation of a certificate of the established form) organizations, their structural divisions, workplaces where members of this professional union of employees of the Russian Academy of Sciences work, to carry out inspections of compliance with labor legislation and other regulatory legal acts containing labor law norms, legislation on trade unions, on compulsory social insurance against industrial accidents and occupational diseases, as well as the fulfillment of the terms of the collective agreement, agreement.
3.2. Submit to employers mandatory for consideration submissions on the elimination of identified violations of laws and other regulatory legal acts on labor protection, as well as identified violations of legislation on compulsory social insurance against industrial accidents and occupational diseases.
3.3. Submit demands to the employer to suspend work in cases of immediate threat to the life and health of employees.
3.4. Take part in the investigation of industrial accidents and occupational diseases.
To take part (regardless of the statute of limitations) in the investigation together with the state labor protection inspector of the detected hidden accident at work, upon receipt of a complaint, application, other appeal of the victim, his proxy or relatives of the deceased as a result of the accident about their disagreement with the conclusions of the commission on investigation, as well as upon receipt from the employer (his authorized representative) of information about the consequences of an industrial accident after the end of the temporary disability of the victim.
To represent the interests of the victim (at his request) during the medical and social examination with an advisory vote.
Protect the rights and interests of members of the trade union on the issues of compensation for harm caused to their health at work.
Participate in the work of a special commission for the technical investigation of accidents at hazardous production facilities.
3.5. Apply to the relevant authorities with a requirement to prosecute officials guilty of violating the legislation on labor protection, the environment, compulsory social insurance against industrial accidents and occupational diseases, concealment of the facts of accidents at work, as well as failure to comply with the submissions of the chief technical inspector labor.
3.6. To receive information from managers and other officials, organizations on the state of labor conditions and safety, as well as on all industrial accidents and occupational diseases.
3.7. Participate in the development of regulatory legal acts containing labor law norms.
3.8. Inspect the state of labor conditions and safety, employers' fulfillment of obligations stipulated by collective agreements and agreements.
3.9. Take part in the consideration of labor disputes related to violation of labor protection legislation, obligations established by collective agreements and agreements, as well as changes in working conditions.
Apply to the state labor inspectorate on individual or collective labor disputes to take measures to eliminate violations of labor protection legislation.
3.10. The results of the inspection are drawn up in writing in the form of the following documents filled in according to the established forms:
form 1-TI - representation on the elimination of the revealed violations of the legislation on labor protection (Appendix No. 1);
Form 2-TI - a requirement to bring to justice those guilty of violating labor protection legislation (Appendix No. 2); Form 3-TI - a requirement to suspend work in cases of an immediate threat to the life and health of employees (Appendix No. 3).
Appendix N 1
to the Regulation on technical
labor inspection
Form 1-TI
RAS Workers' Union
Technical Labor Inspection
_____________________________________
_____________________________________
_____________________________________
SUBMISSION N ____ __ ________ 20__
on elimination of revealed violations of the legislation
on labor protection, environment, accident insurance
cases at work and occupational diseases,
special assessment of working conditions
To whom_____________________
(Full Name)
___________________________________________________________________________
the organization
__________________________________________________________________
(Full Name)
insurance against industrial accidents and professional
labor "
I PROPOSE to eliminate the following violations:
|
List of identified violations |
Timeline for elimination |
|
I ask about the results of consideration of the Submission and the measures taken
notify the technical labor inspectorate by __ ___________ 20__
labor inspector _______________
(signature)
___________________________________________________________________________
(Full Name)
Submission received by _____________________________________________________
(surname, name, patronymic, position)
_____________________ _________________________________________________
(Signature) (date, time)
Appendix N 2
to the Regulation on technical
labor inspection
Form 2-TI
RAS Workers' Union
Technical Labor Inspection
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
(postal address, telephone, fax)
REQUIREMENT N ___ __ ________ 20__
to prosecute persons guilty of violating
legislation on labor protection, environment,
industrial accident insurance
and occupational diseases, special assessment
working conditions
To whom __________________________________________________________________
(position, surname, name, patronymic of the head)
___________________________________________________________________________
organ state control(supervision)
In accordance with Article 20 of the Federal Law "On Professional
unions, their rights and guarantees of activity ", Article 370 of the Labor Code
Of the Russian Federation, Article 68 of the Federal Law "On Environmental Protection
Wednesday ", article 26 of the Federal Law" On compulsory social
insurance against industrial accidents and professional
diseases ", article 25 of the Federal Law" On special assessment of conditions
labor "
I am asking for ___________________ responsibility
(disciplinary,
administrative,
criminal)
___________________________________________________________________________
(position, full name of the person (s) who committed the violation)
per ________________________________________________________________________
(a summary of violations with reference to legislative and other
regulatory legal acts on labor protection,
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
the environment, industrial accident insurance and
occupational diseases, special assessment of working conditions)
Please inform the technical labor inspectorate about the decision taken
up to _______________________________
(day month Year)
Application: Submission dated __ ____________ 20__ N _______________
Technical (chief technical) labor inspector _________________________
(signature)
___________________________________________________________________________
(Full Name)
Appendix N 3
to the Regulation on technical
labor inspection
Form 3-TI
RAS Workers' Union
Technical Labor Inspection
_____________________________________
_____________________________________
_____________________________________
_____________________________________
(postal address, phone number, fax number)
REQUIREMENT N ____________ __ ____________ 20__
on the suspension of work in cases of imminent threat
life and health of workers
To whom ______________________________________________________________________
(Full Name)
___________________________________________________________________________
___________________________________________________________________________
(position, organization name)
Copy: to the chairman of the trade union committee
organizations ________________________________________
(Full Name)
In accordance with Article 20 of the Federal Law "On Professional
unions, their rights and guarantees of activity ", Article 370 of the Labor Code
Russian Federation demand to suspend
___________________________________________________________________________
(name of work, machine tools, machinery, equipment,
___________________________________________________________________________
vehicles, production sites)
___________________________________________________________________________
(statement of violations of regulatory requirements for labor protection,
___________________________________________________________________________
posing an immediate threat to the life and health of employees,
with reference to articles and clauses
___________________________________________________________________________
legislative and other regulatory legal acts on labor protection)
Technical (main technical)
labor inspector ________________ signature
____________________________________________________________________
(Full Name)
Request received on __ ___________ 20__ at __ hours __ minutes
________________ __________________________________________________________
(signature) (surname, name, patronymic)
___________________________________________________________________________
(position)
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