Labor Code Art 219 latest revision. The theory of everything. When an employee can refuse to work in existing conditions

(title of the article as amended by Federal Law No. 90-FZ of June 30, 2006 - Collected Legislation Russian Federation, 2006, N 27, Art. 2878)

Every employee has the right to:

workplace that meets the requirements of labor protection;

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

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

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

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

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

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

a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance labor legislation and other normative legal acts containing norms labor law, others federal authorities executive power implementing state control(supervision) in the established field of activity, by the executive authorities carrying out the state examination of working conditions, as well as by the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms (as amended by the Federal Law of August 22, 2004 N 122- FZ - Collected Legislation of the Russian Federation, 2004, N 35, Art.3607; Federal Law of June 30, 2006 N 90-FZ - Collected Legislation of the Russian Federation, 2006, N 27, Art.2878; Federal Law of July 18, 2011 . N 242-FZ - Collected Legislation of the Russian Federation, 2011, N 30, Art. 4590);

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

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

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

compensation established in accordance with this Code, collective agreement, agreement, local regulation, labor contract if he is engaged in heavy work, work with harmful and (or) dangerous conditions Labor (as amended by Federal Law of June 30, 2006 N 90-FZ - Collected Legislation of the Russian Federation, 2006, N 27, Art. 2878).

The amount of compensation to workers engaged in heavy work, work with harmful and (or) hazardous working conditions, and the conditions for their provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations (part two was introduced by the Federal Law of June 30, 2006 N 90-FZ - Collected Legislation of the Russian Federation, 2006, N 27, Art.2878).

Elevated or additional compensation for work at heavy work, work with harmful and (or) dangerous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer (part three was introduced by Federal Law No. 90-FZ of June 30, 2006 - Collected Legislation Russian Federation, 2006, N 27, article 2878).

In the case of ensuring safe working conditions at workplaces, confirmed by the results of certification of workplaces for working conditions or the conclusion of a state examination of working conditions, compensation for workers is not established (part four was introduced by Federal Law No. 90-FZ of June 30, 2006 - Collected Legislation of the Russian Federation , 2006, N 27, p. 2878).

The full text of Art. 219 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 219 of the Labor Code of the Russian Federation.

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

(Part is additionally included from October 6, 2006 by Federal Law of June 30, 2006 N 90-FZ; as amended by Federal Law of December 28, 2013 N 421-FZ)

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

The commented article consolidates and details the employee's right to work in conditions that meet the requirements of labor protection. According to Art. 37 of the Constitution of the Russian Federation, everyone has the right to work that meets the requirements of safety and hygiene.

It enshrines a number of employee rights, which correspond, in particular, to the employer's obligations to ensure safe conditions and labor protection:
- the right to a workplace that meets the requirements of labor protection.

To assess working conditions at workplaces in order to identify harmful and (or) hazardous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection, a special assessment of working conditions is made (for more details, see);
- the right to receive reliable information about the conditions and labor protection at the workplace, about the risk of damage to health and about measures to protect against exposure to harmful and (or) hazardous production factors. Such information should be provided not only by the employer, but also by the relevant state bodies and public organizations;
- the right to refuse to perform work in case of danger to the life and health of the employee. This right is one of the forms of self-protection by the employee of his labor rights (see article 370 of the Labor Code of the Russian Federation and the commentary to it). Such a hazard should be due to a violation of labor protection requirements. Federal laws may provide for exceptions to this rule (for example, in relation to liquidators of consequences emergencies). The right to refuse to perform work is valid until such a hazard is eliminated. According to Art. 220 of the Labor Code of the Russian Federation, if the employee refuses to perform work in this case, the employer is obliged to provide him with another job for the period of elimination of such a hazard. If this is not possible, there is a downtime due to the fault of the employer, the time of which is paid to the employee (see the commentary to Article 220 of the Labor Code of the Russian Federation);
- the right to free provision of means of individual and collective protection (see Art. 221 and the commentary to it). If the employee does not provide the means of individual and collective protection, the employer also does not have the right to demand from him to fulfill job responsibilities and is obliged to pay for the downtime that has arisen for this reason (Article 220 of the Labor Code of the Russian Federation);
- the right to free training in safe methods and techniques of labor, additional professional education in the event of the liquidation of the workplace due to violation of labor protection requirements (see Article 225 and the commentary to it). Undertaking training in safe methods and techniques for performing work is at the same time the responsibility of the employee;
- the right to submit a request to authorized bodies on the inspection of working conditions and labor protection at the employee's workplace. This authority of the employee can be realized by sending a request: to the authorized executive authorities; to the bodies of trade union control over the observance of labor legislation and other acts containing labor law.

On the bodies authorized to conduct state control (supervision) in the labor sphere, see the commentary to Articles of Chapter 57 of the Labor Code of the Russian Federation. On the bodies authorized to conduct a state examination of working conditions, see the commentary to Art. 216.1;
- the right to appeal to the authorities, to the employer, as well as to representatives of the parties to the social partnership on labor protection issues. Issues of consideration of citizens' appeals government bodies, local government bodies and officials are regulated by the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation";
- the right to an extraordinary medical examination in accordance with medical recommendations with the preservation of the place of work (position) and average earnings (see part 1 of article 213 and the commentary to it). This right is at the same time the obligation of the employee in accordance with Art. 214 of the Labor Code of the Russian Federation;
- the right to compensation in case of employment of an employee in work with harmful and (or) dangerous working conditions. The Labor Code of the Russian Federation provides for the following compensation for this category of workers: reduced working hours - no more than 36 hours per week; annual additional paid vacation - at least 7 calendar days(Article 117 of the Labor Code of the Russian Federation); increase in wages - at least 4 percent of the tariff rate (salary) established for different types work with normal working conditions (Article 147 of the Labor Code of the Russian Federation).

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

ST 219 of the Labor Code of the Russian Federation:

Every employee has the right to:

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

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

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

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

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

The implementation of the constitutional right to work in conditions that meet the rules of safety and hygiene is that, specifying this right in Art. 219 of the Labor Code, the state simultaneously determines its guarantees and imposes on the employer in accordance with Art. 212 of the Labor Code the obligation to ensure safe conditions and labor protection for workers, and also provides, in accordance with Art. 419 of the Labor Code the need for state control (supervision) over compliance with labor protection requirements and establishes the responsibility of persons guilty of violating labor protection requirements.

Many of the worker's rights in the field of labor protection, enshrined in the commented article, are specified in other articles of section. X "Labor protection" TC. So, many of the employee's rights (to a workplace that meets the requirements of labor protection, to information about working conditions at the workplace, etc.) correspond to the obligations of the employer, enshrined in Art. 212 TC. Individual rights of the employee are considered simultaneously with the guarantees enshrined in Art. 220 TC. It is very important for the employee to receive reliable information from the employer, relevant government agencies and public organizations about the conditions and labor protection at the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors. This right of workers is ensured by state guarantees to protect their right to work in conditions that meet the requirements of labor protection (part 1 of article 220 of the Labor Code).

In this regard, it is important that the commented article provides for the possibility of an employee refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements. It should be noted that in accordance with Part 7 of Art. 220 of the Labor Code, such a refusal, as well as refusal to perform heavy work and work with harmful and (or) hazardous working conditions not provided for by the employment contract, does not entail disciplinary proceedings against the employee. If in such situations it is not possible to provide the employee with another job, then it seems that the employee's downtime should be paid in accordance with Art. 157 TC as a simple one through no fault of his.

The employee has the right to be provided free of charge at the expense of the employer with means of individual and collective protection according to the norms and terms of use provided for by labor legislation, and these means must be proper quality(see commentary to article 221 and commentary to article 212).

The employee has the right to be trained in safe working methods and techniques at the expense of the employer from the moment he is hired. Such training is carried out through preliminary, current and other types of instruction, as well as the organization of group or individual technical training in various forms (see commentary to Art. 225).

In accordance with para. 14 Art. 356 of the Labor Code, the right of an employee to request an inspection of labor conditions and labor protection at his workplace by state control (supervision) bodies corresponds to the corresponding powers of these bodies.

An employee has the right, personally or through his representatives, to participate in the consideration of issues related to ensuring the safety of working conditions at the workplace, as well as in the investigation of an industrial accident or occupational disease that has occurred to him.

In accordance with medical recommendations, the employee has the right to an extraordinary medical examination (examination) with the preservation of the place of work and average earnings for this time. A similar medical examination under the same conditions can be carried out in a hospital (see commentary to Art. 185).

Employees engaged in heavy work and work with harmful and (or) dangerous working conditions have the right to compensation established by law, collective or labor agreement (agreement).

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Every employee has the right to:

a workplace that meets the requirements of labor protection;

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

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

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

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

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

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

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

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

Comments to Art. 219 of the Labor Code of the Russian Federation

1. In accordance with Art. 22 of the Labor Code, the employer is obliged to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure the safety and working conditions that meet the state regulatory requirements for labor protection. According to Art. 21 of the Labor Code, an employee has the right to a workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement.

2. Organization of a workplace that meets labor protection requirements is entrusted to the employer. He is also responsible for organizing control over the state of working conditions at workplaces.

Requirements for the workplace are determined by the relevant regulatory legal acts approved by the relevant federal executive authorities, containing state regulatory requirements for labor protection.

3. Compulsory social insurance against industrial accidents and occupational diseases is one of the types of social insurance and creates the basis for social guarantees injured at work. It satisfies property interests individuals associated with loss of health, occupational disability or their death as a result of an industrial accident or occupational disease.

In accordance with Art. 212 of the Labor Code and the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases" compulsory insurance of employees against industrial accidents and occupational diseases is assigned to the employer, who is the policyholder. The functions of the insurer are performed by the FSS of the Russian Federation and its regional branches.

Compulsory insurance of employees against accidents at work and occupational diseases is carried out through the timely registration (re-registration) of the employer-insured, accrual and transfer in the prescribed manner and within the terms of the insurance premiums determined by the insurer. Thus, all employees of the organization are insured. Newly hired employees, regardless of the date of employment, are also considered insured.

4. It is known that in production processes workers are affected by over 100 thousand chemicals, 200 biological and about 50 physical factors (data from the Research Institute of Occupational Medicine of the Russian Academy of Medical Sciences), which to one degree or another affect the health of workers, the occurrence of occupational morbidity.

5. Obtaining information from the employer about the working conditions and labor protection at the workplace, about the existing risk of damage to health, as well as about measures to protect against the effects of harmful and (or) hazardous production factors is an employee's inalienable right. Such information should be communicated in a form accessible to the employee.

In accordance with Art. 22 of the Labor Code, the employer is obliged to provide representatives of employees with full and reliable information required for the conclusion of a collective agreement, agreement and control over their implementation.

Information about the working conditions and labor protection at the workplace, the existing risk of damage to health, measures to protect against exposure to harmful and (or) hazardous production factors should be set out in the labor protection instructions for workers. They should also reflect the characteristics of harmful and (or) hazardous production factors affecting the employee.

In case of dissatisfaction with the information received, the employee has the right to contact the state bodies for supervision and control over labor protection, the state examination of working conditions, as well as the trade union bodies, which must give an exhaustive answer.

The employee's right to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements (without any consequences) follows from Part 3 of Art. 37 of the Constitution of the Russian Federation, according to which everyone has the right to work in conditions that meet the requirements of safety and hygiene, as well as from par. 1 h. 1 tbsp. 210 of the Labor Code, which proclaimed ensuring the priority of preserving the life and health of workers. From the norm of Art. 210 of the Labor Code it follows that no material or other benefits by the employer can be put above the life and health of workers. However, a reservation is made here: "with the exception of cases stipulated by federal laws." Such cases include the activities of workers whose functions are directly related to work in emergency situations to save lives and large material values(employees of the Ministry of Emergency Situations, mountain rescuers, epidemiologists, etc.).

6. The means of individual and collective protection of workers are used to prevent or reduce the impact on workers of harmful and (or) hazardous production factors.

Personal protective equipment includes overalls, safety shoes, mittens, gloves, helmets, respirators, goggles, shields, ear muffs and earbuds, safety belts, dielectric mats and galoshes, ointments, creams, pastes, etc.

7. Collective protective equipment for workers are used to protect against the effects of mechanical, chemical and biological factors, protection against noise, vibration, electric shock, various kinds of radiation, high and low temperatures of surfaces of equipment, products, materials, etc.

Employees do not bear the cost of financing labor protection measures.

It is the responsibility of the employee to be trained in safe work practices. The employer is responsible for such training. This training is carried out at the expense of his funds. Training in safe methods and techniques of work (at the expense of the employer) is an integral part of training in labor protection.

8. The right of citizens to appeal is one of the constitutional and legal norms for the protection and realization of their rights. In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies. Not only citizens, but also public organizations and officials have the right to appeal to protect their rights and interests, the rights and interests of their members.

The term "appeal" should be understood as "complaint", "application", "proposal". At the request of employees, the state examination of working conditions checks the working conditions and safety, the correctness of the provision of compensation.

9. In accordance with Part 1 of Art. 1 of the Law of the Russian Federation of April 27, 1993 N 4866-1 "On appealing to the court of actions and decisions that violate the rights and freedoms of citizens", every citizen has the right to file a complaint with the court if he considers that illegal actions (decisions) of state bodies, bodies local government, institutions, enterprises and their associations, public associations or officials, civil servants violated his rights and freedoms. See also Federal Law No. 59-FZ of May 2, 2006 "On the Procedure for Considering Applications from Citizens of the Russian Federation".

Personal participation of an employee or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace is a direct norm and does not require the adoption of any regulatory legal acts. An employee or his representative can take such part in the examination of workplaces by the labor protection service of the organization, state supervision and control bodies, and public control bodies.

In accordance with Art. 212 of the Labor Code, the employer is obliged to ensure the conduct at the expense of own funds extraordinary medical examinations (examinations) of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the duration of these medical examinations.

The procedure for conducting preliminary and periodic medical examinations (examinations) of workers employed in hazardous work and in work with harmful and (or) hazardous production factors, approved. Order of the Ministry of Health and Social Development of Russia of August 16, 2004 N 83.

Article 185 of the Labor Code provides that for the duration of the medical examination (examination), employees who are obliged to undergo such an examination (examination) in accordance with the Labor Code shall retain average earnings at the place of work.

In cases where the impact of harmful and (or) hazardous production factors is unavoidable at the modern technical level of production and labor organization, workers are provided with appropriate compensation.

Compensations are established by the legislation of the Russian Federation, and in cases stipulated by the legislation - by the Government of the Russian Federation or in the manner specified by it, as well as by an employment contract, collective agreements and agreements.

The provision of compensation is preferably included in the collective bargaining agreement (agreement), which is an important tool legal regulation labor protection and compensation, since the terms of collective agreements and agreements concluded in accordance with the law are binding on employers. Thus, the collective agreement takes on a legal form.

The state examination of working conditions monitors the correctness of compensation for hard work and work with harmful and (or) dangerous working conditions.