An example of a labor protection section in a collective agreement. Preparation of the labor protection section in the collective agreement - labor protection in medical organizations - catalog of articles - healthcare management

Source: "Labor protection and fire safety in healthcare institutions"

Karpeev G.P. Training and advisory center for labor protection, Moscow

The time for preparing collective agreements for the next year begins. Given that the collective agreement is the most important local document in the field of labor protection, the participation of an engineer (specialist) or other official responsible for labor protection in its preparation is mandatory.

Article 40 Labor Code In the Russian Federation, a collective agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives. Collective agreement is concluded for a period of not more than three years and comes into force from the date of its signing by the parties or from the date established by the collective agreement. The parties have the right to extend the validity of the collective agreement for a period not exceeding three years.

The collective agreement should include the obligations of employees and the employer to improve the conditions and labor protection of employees, including women and youth.

The procedure for developing a draft collective agreement and concluding a collective agreement is determined by the parties in accordance with the Labor Code and other federal laws.

An approximate layout of the section "Ensuring the conditions and labor protection of workers" of the collective agreement is presented in Appendix 1, and Appendix 2 provides Methodological recommendations for the preparation of the section "Conditions and labor protection" of the collective agreement.

Attachment 1

Approximate layout of the collective agreement (section "Ensuring conditions and labor protection of employees")

The parties agreed jointly:

1. Determine the procedure for financing and the amount of funds allocated for the implementation of measures to improve conditions, labor protection and safety (the amount of funds allocated for their implementation cannot be less than provided for by federal and regional legislation on labor protection).

2. Develop (revise existing) labor protection instructions and provide them to all employees in the organization according to their affiliation.

3. Exercise in in due course training, instructing and checking the knowledge of employees on labor protection.

4. Ensure control over compliance with legislative and other regulations on labor protection, create conditions for effective work committees (commissions) for labor protection and authorized (trusted) persons of trade unions for labor protection.

5. Consider issues related to the conditions and labor protection of employees of the organization and develop measures to improve them.

6. Take measures to organize and design offices and corners for labor protection, as well as other measures to promote and disseminate best practices in labor protection.

7. Determine the degree of responsibility of officials and employees of the organization for violation of legislative and other regulatory requirements for labor protection and failure to fulfill obligations in this area.

8. Organize control over the state of conditions and labor protection in the structural divisions of the organization and the implementation of the agreement on labor protection.

9. Regularly consider at joint meetings of representatives of the employer and the trade union or another elected body authorized by employees, committees (commissions) on labor protection issues of the implementation of the agreement on labor protection of this collective agreement, the state of labor protection in the divisions and inform employees about the measures taken in this area.

10. The employer, in accordance with the current legislative and regulatory legal acts of the Russian Federation and the subject of the Russian Federation on labor protection, undertakes:

10.1. Allocate funds in the amount of ___ rubles for labor protection measures provided for by this collective agreement.

10.2. Carry out certification of workplaces in terms of working conditions in accordance with the current regulatory legal acts, in the following divisions (list).

10.3. Provide employees with information about the state of working conditions at the workplace, the existing risk of damage to health, the measures taken to protect against exposure to harmful or hazardous production factors, personal protective equipment issued, compensation provided for by current legislation. Inform employees about their obligations in the field of labor protection.

10.4. Ensure the exercise of the right of employees to refuse to perform work in cases of an immediate danger to their life and health until this danger is eliminated.

10.5. Provide professional retraining and employment of employees at the expense of the organization in cases of suspension of activities (closure) of the organization or its division, liquidation of the workplace due to unsatisfactory working conditions, as well as in cases of disability due to an accident or occupational disease.

10.6. Engage third-party organizations and specialists to study and assess working conditions in the organization and resolve other issues related to the organization of work on labor protection.

10.7. Conduct training and testing of knowledge on labor protection of employees within the time limits established by regulatory legal acts on labor protection.

10.8. Ensure timely and high-quality briefings on labor protection for employees, organize training safe methods and methods of performing work and providing first aid to the injured.

10.9. Provide training for persons entering work with harmful and (or) hazardous conditions labor, safe methods and techniques for performing work with internships at the workplace and passing exams, conducting their periodic training in labor protection and testing knowledge of labor protection requirements during the period of work.

10.10. Organize, within the established time limits, a medical examination of employees who are required to undergo a preliminary (upon admission to work) and periodic medical examination.

10.11. Provide:

Issuance to employees of special clothing, special footwear and other personal protective equipment, detergents, lubricants and disinfectants in accordance with established standards for the list of professions and positions, as well as their issuance in excess of established standards at the expense of the organization;

Repair, drying, washing of special clothing and special footwear, as well as its neutralization and restoration protective properties.

10.12. To provide the Employees employed in work with harmful and dangerous working conditions with the following compensations:

Preferential pension in accordance with applicable law;

Additional leave and shortened working hours according to the list of professions and positions;

Surcharge to tariff rate(salary) ___% for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix N __ (to assess working conditions at each workplace, data from attestation of workplaces or special instrumental measurements of the production environment are used);

Milk or other equivalent products according to the list of professions and positions (Appendix N __);

Therapeutic and preventive nutrition according to the list of professions and positions (Appendix N __).

10.13. Establish an additional one-time cash benefit to employees (members of their families) for compensation for harm caused to their health as a result of an accident at work or occupational disease in the performance of labor duties in the following cases:

The death of an employee ____ the minimum wage, as well as payment of bills and expenses associated with burial;

Receipt by an employee of disability __ minimum wages;

Loss of work capacity by an employee, which does not allow to perform labor obligations at the previous place of work, __ the minimum wage.

10.14. Timely index the amounts of compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their work duties.

10.15. To carry out compulsory social insurance of employees against accidents at work and occupational diseases.

10.16. Ensure working conditions and labor protection for women, including:

To carry out a set of measures to withdraw women from heavy physical work and work with harmful and dangerous working conditions;

Allocate jobs in the structural divisions of the organization (indicate which ones) exclusively for the employment of pregnant women who need to be transferred to light work;

Carry out measures for the mechanization of manual and heavy physical work in order to introduce the norms of maximum permissible loads for women (Appendix N __).

10.17. Ensure working conditions for young people, including excluding the use of labor of persons under the age of 18 in heavy physical work and work with harmful working conditions.

10.18. To provide members of committees (commissions), authorized (trusted) persons for labor protection of the Trade Union with free time ___ hours a week (month) for the performance of their duties, as well as for training in labor protection issues with preservation wages.

Annex 2

1. General Provisions

1.1. real guidelines designed to provide practical assistance to the heads of organizations, primary trade union organizations and other representatives of employees in including proposals on labor protection issues in the collective agreement aimed at creating healthy and safe conditions labor in the workplace, preserving the life and health of workers, protecting their rights to work in conditions that meet the requirements of labor protection.

1.2. The obligations of the parties on issues of labor protection, as a rule, are reflected in a special section "Conditions and labor protection" of the collective agreement and in its annexes.

In some cases, there may be other titles of this section, as well as individual activities may be included in other sections or separated into independent sections, such as obligations for labor protection for women, youth, compensation, etc.

1.3. The procedure for developing a draft collective agreement and concluding a collective agreement is determined by the parties to the social partnership (Article 42 of the Labor Code of the Russian Federation).

1.4. The collection of proposals for the draft section "Labor conditions and labor protection" of the collective agreement can be carried out by the organization's labor protection committee (commission) created in the organization (Article 218 of the Labor Code of the Russian Federation, Model Regulation on the labor protection committee (commission), approved by order of the Ministry of Health and social development RF May 29, 2006 N 413).

2. The structure of the section "Conditions and labor protection" of the collective agreement

It is recommended to include the following subsections in the “Conditions and labor protection” section of the collective agreement:

1. Obligations of the employer.

2. Obligations of employees.

3. Obligations of an elected body by employees.

3. Content of subsections

3.1. Employer obligations

In accordance with the Labor Code of the Russian Federation, the employer is obliged to ensure the safety of employees during the operation of buildings, structures, equipment, technological processes, as well as tools, raw materials and materials used in the production (Articles 22, 163, 212 of the Labor Code of the Russian Federation). In this regard, in the section "Working conditions and labor protection" of the collective agreement, in the general case, the following obligations of the employer may be included:

3.1.1. Create a labor protection service in the organization or introduce the position of a labor protection specialist (bring the number of labor protection services up to regulatory requirements).

In organizations with less than 50 employees, the decision to create a labor protection service or labor protection specialist is made by the head of the organization (employer). If such organizations do not have a labor protection service, a full-time labor protection specialist, their functions must be performed by the employer (personally), another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection and attracted by the employer under a civil law contract. (Article 217 of the Labor Code of the Russian Federation; “Intersectoral standards for the number of employees of the labor protection service in an organization”, approved by the Decree of the Ministry of Labor of Russia dated January 22, 2001 N 10, “Recommendations for organizing the work of the labor protection service in an organization”, approved by the Decree of the Ministry of Labor of Russia dated 08.02. 2000-14)

3.1.2. Develop and implement a labor protection management system (GOST 12.0.230-2007 "System of labor safety standards. Occupational safety management systems. General requirements").

3.1.3. Develop and implement an Action Plan to improve working conditions and labor protection. The purpose of developing plans for improving working conditions and labor protection or agreements on labor protection in organizations is to ensure the constitutional right of workers to healthy and safe working conditions, the prevention and reduction of industrial injuries and occupational diseases.

The achievement of this goal is ensured by analyzing the state of working conditions, industrial injuries and occupational morbidity of employees of organizations, including in the context of its individual structural divisions (workshops, sites, industries, services, etc.) and by developing and implementing organizational, technical, sanitary-hygienic, treatment-and-prophylactic, socio-economic and other measures.

Depending on the amount of work to be done and material costs plans are developed both for a year (current) and for more a long period(promising).

The legislative, regulatory and information base, taken into account when developing appropriate plans for improving the conditions and labor protection of the organization, are:

Legislative and other regulatory legal acts on labor protection of the Russian Federation and the subject of the Russian Federation (laws, resolutions, orders, state standards, intersectoral and sectoral labor protection rules, sanitary norms and rules, etc.);

Form N-1 acts available in the organization, measures to eliminate the causes of accidents at work, statistical forms N7 - injuries, N1-T (working conditions);

Workplace attestation data on working conditions;

Sanitary passport of the object;

The results of examinations of working conditions, inspections, instructions of supervisory and control bodies, the labor protection service of the organization;

Data production control for compliance with sanitary rules and for compliance with the requirements industrial safety hazardous production facilities;

Materials of the work of the commission for the supervision of buildings and structures;

Materials for assessing the occupational risk to the health of workers, taking into account specific production factors;

Materials of the work of the committee (commission) on labor protection, proposals of public organizations, workers.

When drawing up a plan for improving working conditions and labor protection as a section or annex of a collective agreement, its discussion and approval is carried out in the manner established for collective agreements.

When drawing up a plan for improving working conditions and labor protection by a local normative act, its approval is carried out by the head of the organization after discussion at a joint meeting of the administration and the trade union committee of the organization or another representative body authorized by employees.

3.1.4. Allocate ____ rubles for measures to improve working conditions and labor protection for the whole organization (the amount is indicated for the entire term of the collective agreement and (or) specifically for each year, measures and amounts can be adjusted annually).

Measures to improve working conditions and labor protection can also be partially financed from the amount of insurance premiums (up to 20 percent) for compulsory social insurance against accidents at work and occupational diseases (financing of preventive measures). The conditions for partial financing of preventive measures are annually approved by the Government of the Russian Federation. Financing rules and a list of preventive measures that can be partially financed by insurance premiums for compulsory social insurance against industrial accidents and occupational diseases are annually approved by the federal executive body responsible for legal regulation in the sphere of labor.

3.1.5. Carry out certification of workplaces in terms of working conditions in accordance with the current regulatory legal acts in this area.

3.1.6. Based on the results of certification of workplaces in terms of working conditions, establish the following guarantees and compensations that give employees the right to:

Shortened working day for work in harmful and dangerous working conditions;

Additional leave for work in harmful and dangerous working conditions;

Additional payment to the tariff rate (salary) for work with harmful and dangerous working conditions

Provision of milk or other equivalent products, therapeutic and preventive nutrition (issuance of milk or other equivalent products to employees according to established norms). food products on written applications of employees, it can be replaced by a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for by a collective agreement and (or) an employment contract);

Early retirement for work in harmful and dangerous working conditions;

Other compensations in accordance with the current legislation, as well as increased or additional compensations for work in hard work, work with harmful and (or) dangerous working conditions based on the financial and economic situation of the employer (Articles 164, 219 of the Labor Code of the Russian Federation).

According to Art. 164 of the Labor Code of the Russian Federation, compensation is understood as monetary payments established in order to reimburse employees for the costs associated with the performance of labor or other duties provided for by federal law.

According to Art. 219 of the Labor Code of the Russian Federation, if an employee is engaged in hard work and work with harmful and (or) dangerous working conditions, then he is entitled to the above compensation established by law, collective agreement, agreement, labor contract.

At the same time, taking into account the provisions of Article 135 of the Labor Code of the Russian Federation, the amounts of compensation payments to employees of organizations in the non-budgetary sector are established by collective agreements, agreements, local regulations of organizations, labor contracts.

The employer, determining the specific amounts of compensation payments for work with harmful (dangerous) working conditions, is not limited by their upper limit.

Therefore, for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, in collective agreements, agreements, employment contracts Should be installed:

Compensation under Art. 219 of the Labor Code of the Russian Federation;

wages in increased size subject to the provisions of Art. 147 of the Labor Code of the Russian Federation.

3.1.7. Provide training in safe methods and techniques for performing work on labor protection and first aid medical care injured at work, briefing on labor protection, internship at the workplace and testing of knowledge of labor protection requirements within the time limits established by regulatory legal acts on labor protection. Persons who have not been instructed and trained in labor protection, internships and tested knowledge of labor protection requirements should not be allowed to work.

3.1.8. spend on account own funds conducting, in accordance with applicable law, mandatory preliminary and periodic medical examinations, as well as extraordinary medical examinations of employees at their request. Do not allow employees to perform their labor duties without undergoing mandatory medical examinations.

3.1.9. Acquire and issue at their own expense (in accordance with the List of Occupations of Employees Receiving Free Special Clothing, Special Footwear and Other Personal Protective Equipment and the List of Occupations of Employees Receiving Free Washing and Disinfecting Means) certified overalls, special footwear and other personal protective equipment that wash off and neutralizing agents in accordance with established standards, as well as to organize the carrying out of washing, dry cleaning and repair of personal protective equipment, for which the creation of an exchange fund or the issuance of duty overalls for the period of its washing, dry cleaning and repair.

Acquire and issue at their own expense to employees overalls, safety shoes and other PPE that improve, compared to standard norms, the protection of employees from harmful and (or) dangerous factors present at the workplace, as well as special temperature conditions or pollution (Articles 221 and 372 of the Labor Code RF).

3.1.10. Ensure compulsory social insurance of workers against industrial accidents and occupational diseases. Also establish at the expense of the organization additional payments to employees who suffered as a result of an accident at work or an occupational disease, indicating specific amounts:

In the event of the death of an employee, establish a one-time cash benefit to members of his family for organizing a funeral ___ minimum wages;

Establish lump-sum benefits for employees to compensate for harm caused to their health as a result of an accident or occupational disease in the performance of labor duties __ minimum wages;

Establish monthly cash benefits in the amount of ___ minimum wages for children who have lost their breadwinner (for each child), until they reach the age of 18, and in cases of continuing education - up to 23 years;

Timely index the amounts of compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of labor duties.

3.1.11. Equip sanitary facilities, rooms for eating and providing medical care.

3.1.12. In order to ensure the requirements of labor protection and carry out preventive work, create an office for labor protection or a corner for labor protection.

3.1.13. Organize control over the state of conditions and labor protection in the divisions of the organization and the implementation of the Action Plan (agreement) on labor protection:

Ensure, together with the elected trade union body or other authorized representative body of workers, the conduct of production and public control the state of conditions and labor protection at the workplaces of the organization and structural divisions, as well as the correct use of personal and collective protective equipment by employees;

Consider at joint meetings with the trade union committee (authorized by the trade union committee), joint committees (commissions) the implementation of the agreement on labor protection, the state of labor protection in the units and inform employees about the measures taken in this area, using various means visual propaganda.

For these purposes, the employer creates or strengthens the labor protection service in the organization (Article 217 of the Labor Code of the Russian Federation; Decree of the Ministry of Labor of Russia dated February 8, 2000 N 14 “On approval of recommendations on organizing the work of the labor protection service in the organization”; “Intersectoral standards for the number of employees of security services labor in organizations”, approved by the Decree of the Ministry of Labor of Russia dated January 22, 2001 N 10).

Creates a committee (commission) on labor protection on a parity basis from representatives of the employer and employees or their representative body (Article 218 of the Labor Code of the Russian Federation).

The trade union organization or other representative body authorized by employees shall elect authorized (trusted) persons for labor protection. Authorized persons for labor protection shall be released from their main work for __ hours a week to fulfill their public duties while maintaining their average earnings at their main place of work.

For the work of authorized (trusted) persons for labor protection, establish:

Additional paid leave in the amount of __ days;

Bonus (monthly or quarterly) in the amount of ___ official salaries.

3.1.14. Conduct a review - a competition on labor protection among structural divisions.

3.1.15. Ensure working conditions and labor protection for women, including:

Limit the use of women's labor at work at night;

To carry out a set of measures to withdraw women from hard physical work and work with harmful and (or) dangerous working conditions;

Allocate jobs in units exclusively for the work of pregnant women who need to be transferred to light work;

Carry out measures for the mechanization of manual and hard physical work in order to withdraw women from hard physical work and work with harmful and dangerous working conditions, and introduce new norms for maximum permissible loads for women.

3.1.16. Provide working conditions for youth, including:

Exclude the use of labor of persons under the age of 18 in heavy physical work and work with harmful or dangerous working conditions;

Exclude the use of labor by persons under the age of 18 when carrying and manually moving loads that exceed the maximum standards established for them;

At the request of persons studying on the job, establish individual work regimes.

3.2. Employee Obligations

3.2.1. Comply with the requirements of labor protection established by laws and other regulatory legal acts, the Rules of Internal work schedule, rules and instructions for labor protection and other local regulations of the organization.

3.2.2. Properly apply special clothing, special footwear and other personal protective equipment issued to them.

3.2.3. To undergo training in labor protection, safe methods and techniques for performing work, providing first aid in case of accidents at work, briefing on labor protection, internships at the workplace, testing knowledge of labor protection requirements.

3.2.4. Pass mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations (examinations).

3.2.5. Immediately inform your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurred at work, or about the deterioration of your health, including the manifestation of signs of an acute occupational disease (poisoning). (Article 214 of the Labor Code of the Russian Federation).

3.3. Obligations of an elected body by employees

3.3.1. Assist the employer in the organization of work on labor protection.

3.3.2. Organize and exercise public control over compliance with labor protection legislation, labor protection measures of the collective agreement, the Plan for improving working conditions and labor protection (labor protection agreement) by authorized (trusted) persons for labor protection, members of the labor protection committee (commission) from the trade union .

3.3.3. At joint meetings with the employer, consider the implementation of the Action Plan (agreement) on labor protection, the state of labor protection in the units and inform employees about the measures taken in this area.

3.3.4. In order to protect the rights and interests of employees:

Take part in the preparation of local documents in the field of improving working conditions and labor protection, documents on additional (in excess of those established by law) compensation for work in difficult and harmful working conditions, etc.);

Organize a post of public control over compliance with labor legislation and labor protection;

Protect the rights of employees to work in conditions that meet the requirements of labor protection, represent their interests in state supervision and control bodies, judicial authorities and in the commission on labor disputes of the organization on issues of violations of labor protection legislation, compensation for harm caused to their health at work, as well as non-fulfillment of collective and labor agreements.

3.3.5. Conduct training of authorized (trusted) persons for labor protection and members of the committee (commission) for labor protection from the trade union.

3.3.6. Conduct, together with the employer, review competitions among authorized (trusted) persons for labor protection of the trade union.

About sample content

section "Occupational safety and health" in the collective agreementeducational organization

The parties consider labor protection and health of employees of an educational organization as one of the priority areas activities.

Employer:

1. Ensures the creation and functioning of the labor protection management system in accordance with Article 212 of the Labor Code Russian Federation and Recommendations of the Ministry of Education and Science of the Russian Federation dated August 25, 2015 No. 12-1077.

2. Allocates funds in the amount of at least 2.0 percent of the payroll fund and at least 0.7 percent of the amount of the organization's operating costs to improve working conditions and labor protection, including to ensure safe operation buildings and structures of the organization, conducting training on labor protection, special evaluation working conditions, mandatory medical examinations of employees, provision of employees with overalls and other personal protective equipment and other measures to ensure the safe conduct educational process.

The specific amount of funds for these purposes is determined by the collective agreement of the educational organization and is specified, as a rule, in the annual agreement on labor protection, which is an annex to the agreement.

2.1. Uses as an additional source of financing for labor protection measures the possibility of returning part of the amounts of insurance premiums in accordance with the legislative and other regulatory legal acts of the Russian Federation.

3. Creates a labor protection service or introduces the position of a labor protection specialist in accordance with Article 217 of the Labor Code of the Russian Federation.

4. Provides training on labor protection and testing of knowledge of labor protection requirements in the prescribed manner.

5. Provides a special assessment of working conditions in accordance with federal law dated December 28, 2013 No. 426-FZ "On a special assessment of working conditions", other legislative and regulatory legal acts.

6. Ensures the organization and conduct of mandatory preliminary (upon employment) and periodic medical examinations, as well as mandatory psychiatric examination of employees in accordance with Article 213 of the Labor Code of the Russian Federation.

7. Provides employees with certified overalls and other PPE, milk, flushing and (or) neutralizing agents in accordance with established standards.

8. Conducts accounting and annual analysis of the causes of industrial injuries, occupational morbidity, accidents with students during the educational process in order to take measures to improve working conditions and reduce injuries.

9. Conducts an investigation of accidents at work in accordance with the procedure established by law.

Provides a one-time payment monetary compensation the family of an employee who has suffered as a result of the death of an employee resulting from an accident at work or an occupational disease, in the amount and on the terms determined by the collective agreement of the educational organization.

10. Carries out compulsory insurance of employees of an educational organization against industrial accidents in accordance with legislative and other regulatory legal acts in the field of social insurance.

11. Organizes medical examination of employees aimed at early detection and prevention of diseases, including socially significant ones.

12. Ensures the provision of guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions, based on the results of a special assessment of working conditions in accordance with legislative and other regulatory legal acts.

13. Ensure the allocation of at least 2.0 percent of the extra-budgetary funds of the educational organization for the rehabilitation of employees.

Elected collegial body of the primary trade union organization (trade union committee):

1. Organizes public control over the provision of safe and healthy conditions labor during the educational process, research work in accordance with legislative and other regulatory legal acts on labor protection.

2. Coordinates the work of authorized (trusted) persons for labor protection of the trade union committee for the implementation of public control over the state of labor protection in classrooms, laboratories, scientific and industrial premises of departments, departments and other premises.

3. Organizes training and testing of knowledge of labor protection requirements of authorized (trusted) persons for labor protection of the trade union committee, members of the committee (commission) for labor protection, as well as training in first aid skills for victims of accidents.

4. Ensures the participation of representatives of the Trade Union in commissions on:

Occupational safety and health;

Carrying out a special assessment of working conditions;

Organization and conduct of mandatory medical examinations and medical examinations;

Investigation of accidents at work and with students during the educational process;

Acceptance of educational, scientific and industrial premises, gyms, playgrounds, swimming pools and other facilities by the beginning of the school year.

5. Provides methodological and consulting assistance to representatives of the trade union bureau and primary organizations in practical work on the implementation of public control over the state of labor protection in the structural divisions of the organization.

6. Provides practical assistance to members of the Trade Union in the implementation of their rights to safe working conditions, social guarantees and compensation for work in hazardous working conditions, represents their interests in all management bodies of the educational organization, in court.

Participates in review labor disputes related to violation of labor protection legislation, obligations stipulated by the collective agreement of the educational organization.

7. Appeals to the employer with a proposal to hold accountable persons who have committed violations of labor protection requirements.

Parties jointly:

1. Take part in the preparation and conclusion of the annual Agreement on labor protection, which is an annex to the collective agreement of the educational organization, and provides for organizational, technical, therapeutic and preventive measures to improve conditions, labor protection and health, indicating financial costs, deadlines, as well as officials responsible for the implementation of labor protection measures.

2. Provide additional payments to authorized (trusted) persons for labor protection, freelance technical labor inspectors of the Trade Union (senior authorized), members of the committee (commission) for labor protection and working time at least 8 hours per month (with payment according to average earnings) to fulfill their duties in accordance with the Regulations on the authorized (trusted) person for labor protection of the trade union committee of the educational organization, the Regulations on the freelance technical labor inspector of the Trade Union, approved by the Resolution of the Executive Committee of the Trade Union dated March 26, 2013 No. 13.

3. Organize the participation of authorized persons for labor protection of the trade union committee of the educational organization and the freelance technical labor inspector of the Trade Union in the competition for the title of "The best authorized labor protection of the Trade Union" and "The best freelance technical labor inspector of the Trade Union", holding labor protection days, conferences, seminars and exhibitions on labor protection.

4. Organize the conduct of comprehensive, thematic and targeted inspections in the divisions of the educational organization on labor protection issues, followed by discussion at joint meetings of representatives of the employer and the elected body of the primary trade union organization (trade union committee).

5. Organize the implementation of activities aimed at development physical education and sports, including the holding of competitions, sports days, tournaments various types sports and tourism in order to attract employees and students to healthy lifestyle life.

Indicative list

annexes to the collective agreement

1. Agreement on labor protection and health.

2. Regulations on the labor protection management system.

3. Regulations on the committee (commission) for labor protection.

4. Regulations on the authorized (trusted) person for labor protection of the trade union committee of the educational organization.

5. Regulations on the freelance technical labor inspector of the Trade Union of Public Education and Science Workers of the Russian Federation.

6. The list of jobs and professions that are subject to increased security requirements in the organization's divisions.

7. The list of positions and works with harmful and dangerous working conditions, giving the right to increased wages, additional leave and shortened working hours.

8. The list of professions and positions, work in which gives the right to free issue of special clothing, special footwear and other personal protective equipment to employees of the organization.

9. The list of professions, positions and jobs for which the norms for the free distribution of flushing and (or) neutralizing agents to employees are established.

10. Norms and conditions for the free distribution of milk or other equivalent food products to workers employed in work with harmful working conditions.

11. Requirements for completing first aid kits with medical products for first aid to victims.

A collective agreement is a legal act that regulates social and labor relations in an organization or with an individual entrepreneur and is concluded by employees and the employer represented by their representatives.
A collective agreement is a local regulatory legal agreement, i.e. an act that is concluded in a contractual manner, but along with specific obligations contains the rules of law. The obligatory part of the collective agreement is the specific obligations of the employer to ensure working conditions that are more favorable than those established by labor legislation (Article 41 of the Labor Code).
The procedure for developing a draft collective agreement and its conclusion is determined in accordance with the Labor Code and other federal laws.
If no agreement is reached between the parties on certain provisions of the draft collective agreement within 3 months from the date of the start of collective negotiations, the parties must sign the collective agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements.

Unresolved disagreements may be the subject of further collective bargaining or resolved in accordance with the Labor Code and other federal laws. The question of choosing a method for resolving disagreements should be decided by the parties. If the parties have not reached an agreement or the employer (its representatives) evade the continuation of collective bargaining, it is necessary to proceed to conciliation procedures.
A collective agreement may be concluded with an individual entrepreneur, in the organization as a whole, in its branches, representative offices or other separate structural subdivisions. When concluding a collective agreement in a branch, representative office, other separate structural subdivision of an organization, the employer is a party to the collective agreement, i.e. organization, and the effect of the collective agreement applies to all employees (Article 43 of the Labor Code). In this case, the representative of the employer may be the head of the relevant department, authorized by the employer. The need to conclude a collective agreement in separate structural divisions arises due to the fact that they are located outside the location legal entity or have their own specific technological and organizational features.
Collective agreement separate subdivision should not contain norms that worsen the position of employees in comparison with the collective agreement of the entire organization.

Content and structure of the collective agreement
In Art. 41 of the Labor Code of the Russian Federation states that the content and structure of the collective agreement is determined by the parties independently, without the intervention of other persons and bodies. When determining the content of the collective agreement, it is necessary to proceed from the competence of the employer. It is unacceptable to include conditions in the contract that the employer is not entitled to stipulate (for example, for public sector employees, the size of official salaries is established by special regulations and cannot be changed by contract).
The collective agreement may include mutual obligations of employees and the employer on the following issues:
- forms, systems and sizes of remuneration;
- payment of allowances, compensations;
- a mechanism for regulating wages, taking into account price increases, inflation rates, and the achievement of indicators determined by the collective agreement;
- employment, retraining, conditions for the release of workers;
- working time and rest time, including issues of granting and duration of holidays;
- improvement of working conditions and labor protection of employees, incl. women and youth;
- observance of the interests of employees in the privatization of state and municipal property;
- environmental safety and health protection of workers at work;
- guarantees and benefits for employees who combine work with education;
- health improvement and recreation of employees and their families;
- partial or full payment for employees' meals;
- control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions activities of employees' representatives, the procedure for informing employees about the implementation of the collective agreement;
- Refusal to strike when the relevant conditions of the collective agreement are met by the employer;
- other issues determined by the parties.
Obligations under a collective agreement are usually assigned to the employer. Employees perform only the duties provided for by law, internal regulations, job description and an employment contract.
The collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and benefits for employees, working conditions that are more favorable than those established by laws, other regulatory legal acts, agreements.
Normative provisions are included in the collective agreement if the laws and other regulatory legal acts contain a direct proposal on the mandatory fixing of these provisions in the collective agreement, for example, Art. 135 of the Labor Code - on the establishment of wages, art. 144 of the Labor Code - on incentive payments, art. 154 of the Labor Code - on payment for work at night.
In addition to specific norms and obligations, a collective agreement must contain such formal information as the names of the parties on whose behalf it is concluded, its validity period, and the procedure for changing and extending it.

Effect of the collective agreement
The action of the collective agreement is regulated by Art. 43 TK. The collective agreement is an act of urgent action; at the discretion of the parties, it can be concluded for any period not exceeding 3 years.
The effective date of the collective agreement is determined by the parties and does not depend on any circumstances, for example, on notification registration, with the exception of the will of the parties. The parties may condition the entry into force of the collective agreement:
a) the very fact of signing the contract (from the date of its signing by the parties);
b) the onset of a certain calendar date;
c) the occurrence of a certain event.
The parties have the right to extend the validity of the collective agreement for a period not exceeding 3 years. Such a decision must be made by agreement of the parties. Extension of the term is possible repeatedly, but each time for no more than 3 years.
The effect of the collective agreement applies to all employees of an individual entrepreneur, organization, its branch, representative office and other separate structural unit, regardless of membership in a trade union and other circumstances. Similarly, a collective agreement concluded in a structural unit applies to all employees of the relevant unit. The collective agreement also applies to persons employed after its conclusion.
The collective agreement remains valid in the event of a change in the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.
In case of reorganization (merger, accession, division, spin-off, transformation) of an organization, the collective agreement remains valid throughout the entire period of reorganization - until its completion.
When changing the form of ownership of the organization, the collective agreement remains valid for 3 months from the date of transfer of ownership.
When reorganizing or changing the form of ownership of the organization, either party has the right to send the other party a proposal to conclude a new collective agreement or extend the old one for up to 3 years.
In the event of liquidation of an organization, the collective agreement shall remain in effect throughout the entire period of liquidation.
Agreement. Types of agreements
Agreement - a legal act regulating social and labor relations and establishing general principles regulation of economic relations related to them, concluded between the authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.
By agreement of the parties participating in collective bargaining, agreements can be bilateral and trilateral.
Agreements providing for full or partial financing from the relevant budgets are concluded with the obligatory participation of the relevant executive authorities or local governments that are a party to the agreement.
Depending on the scope of regulated social labor relations agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.
The General Agreement establishes general principles for the regulation of social and labor relations and related economic relations at the federal level.
The interregional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.
The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a subject of the Russian Federation.
The sectoral (intersectoral) agreement establishes general terms and Conditions remuneration, guarantees, compensations and benefits for employees of the industry (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.
The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.
Other agreements - agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other directly related relations.
Content and structure of the agreement
The content and structure of the agreement are determined by agreement between the representatives of the parties, who are free to choose the range of issues for discussion and inclusion in the agreement.
The agreement may include mutual obligations of the parties on the following issues:
salary;
conditions and labor protection;
modes of work and rest;
development of social partnership;
other issues determined by the parties.
(Part two was introduced by Federal Law No. 90-FZ of June 30, 2006)
The procedure for developing a draft agreement and concluding an agreement
The draft agreement is developed in the course of collective negotiations.
The conclusion and modification of agreements requiring budgetary financing, as a general rule, are carried out by the parties before the preparation of the draft of the corresponding budget for the financial year relating to the term of the agreement.
The general agreement, sectoral (intersectoral) agreements on sectors whose organizations are financed from the federal budget, must be concluded as a general rule before the introduction of the draft federal law on the federal budget for the next financial year in State Duma Federal Assembly Russian Federation.
Regional and territorial agreements should be concluded as a general rule prior to the submission of draft budgets to the representative bodies of the constituent entities of the Russian Federation and local self-government bodies.
The procedure and terms for developing a draft agreement and concluding an agreement are determined by the commission. The Commission has the right to notify employers who are not members of the association of employers conducting collective negotiations on the development of a draft agreement and the conclusion of an agreement about the start of collective negotiations, and also to offer them forms of possible participation in collective negotiations. Employers who have received the notification are obliged to inform the elected body of the primary trade union organization uniting the employees of this employer about this.
The agreement is signed by representatives of the parties.
Validity of the agreement
The agreement comes into force from the date of its signing by the parties or from the date established by the agreement.
The term of the agreement is determined by the parties, but cannot exceed three years. The parties have the right to extend the agreement once for a period not exceeding three years.
The agreement applies to:
all employers who are members of the association of employers that has concluded the agreement. Termination of membership in an association of employers does not release the employer from the performance of the agreement concluded during the period of his membership. An employer who has joined an association of employers during the term of the agreement is obliged to fulfill the obligations stipulated by this agreement;
employers who are not members of the association of employers that concluded the agreement, who authorized the said association on their behalf to participate in collective negotiations and conclude an agreement or joined the agreement after its conclusion;
bodies of state power and bodies of local self-government within the limits of their obligations.
In relation to employers - federal state institutions, state institutions of the constituent entities of the Russian Federation, municipal institutions and other organizations financed from the relevant budgets, the agreement is also valid if it is concluded on their behalf by the relevant state authority or local self-government body (Article 34 of this Code).
The agreement is valid for all employees who are in labor relations with the employers specified in parts three and four of this article.
In cases where several agreements are in effect for employees at the same time, the conditions of the agreements that are most favorable for employees are applied.
At the suggestion of the parties to an industry agreement concluded at the federal level, the head of the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor has the right, after the publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join this agreement. This proposal is subject to official publication and must contain information about the registration of the agreement and the source of its publication.
If employers operating in the relevant industry, within 30 calendar days from the date of official publication of the proposal to join the agreement, have not submitted to the federal executive body in charge of developing state policy and legal regulation in the field of labor, a reasoned written refusal to join to it, the agreement is considered extended to these employers from the date of the official publication of this proposal. The protocol of consultations of the employer with the elected body of the primary trade union organization uniting the employees of this employer must be attached to the said refusal.
If the employer refuses to join the agreement, the head of the federal executive body responsible for developing state policy and legal regulation in the field of labor has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the agreement. Representatives of the employer, representatives of employees and representatives of the parties to the agreement are required to participate in these consultations.
The procedure for publishing sectoral agreements concluded at the federal level and the procedure for publishing a proposal to join the agreement are established by the federal executive body responsible for developing state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The order of publication of other agreements is determined by their parties.
Change and addition of the agreement
Changes and additions to the agreement are made in the manner prescribed by this Code for the conclusion of an agreement, or in the manner established by the agreement.

Registration of a collective agreement, agreement
The collective agreement, agreement, within seven days from the date of signing, is sent by the employer, the representative of the employer (employers) for notification registration to the relevant labor body.
The entry into force of a collective agreement or agreement does not depend on the fact of their notification registration.
When registering a collective agreement, an agreement, the relevant labor authority identifies conditions that worsen the position of employees in comparison with labor legislation and other regulatory legal acts containing norms labor law, and notifies the representatives of the parties who signed the collective agreement, agreement, as well as the relevant state labor inspectorate. The terms of the collective agreement, agreements that worsen the position of employees are invalid and not subject to application.
Control over the implementation of the collective agreement, agreement
Control over the implementation of the collective agreement, the agreement is carried out by the parties to the social partnership, their representatives, the relevant labor authorities.
When carrying out this control, the representatives of the parties are obliged to provide each other, as well as the relevant labor authorities, with the information necessary for this no later than one month from the date of receipt of the relevant request.

Annex 2
to the Department's letter
labor protection
Ministry of Labor of Russia
dated January 23, 1996 N 38-11

RECOMMENDATIONS ON THE APPROXIMATE CONTENT OF THE SECTION "WORK CONDITIONS AND SAFETY" IN THE COLLECTIVE AGREEMENT, PROVISIONING THE OBLIGATIONS OF THE EMPLOYER TO THE WORK COLLECTIVE OF THE ORGANIZATION IN THE FIELD OF WORK CONDITIONS AND SAFETY

The employer, in accordance with the current legislative and regulatory legal acts on labor protection, undertakes:

1. Allocate funds in the amount of ________ rubles for labor protection measures provided for by this collective agreement.

2. To carry out in due time a set of organizational and technical measures provided for by the agreement on labor protection, in accordance with Appendix N ___________.

3. To form the organization's labor protection fund and allocate funds for these purposes in the amount of ___________ rubles.

4. Carry out attestation of workplaces in the following departments (list):

_______________________________________________________________

5. Conduct training and testing of knowledge on labor protection of workers, managers and engineering and technical employees of the organization within the time limits established by regulatory legal acts on labor protection.

6. Organize in due time a medical examination of the employees of the organization who are required to undergo a periodic medical examination.

7. Provide:

timely issuance of special clothing, special footwear and other personal protective equipment, washing, lubricating and neutralizing agents to employees in accordance with established standards for the list of professions and positions in accordance with Appendix N ____;

workers sent to perform work in other workshops (to other sections), with special clothing and special footwear provided for by the established standards for professions and positions of the workshop (section);

repair, washing, drying of special clothing and special footwear, as well as its neutralization and restoration of protective properties;

issuance of special clothing, special footwear and other personal protective equipment to employees in excess of the established norms at the expense of the organization according to the list of professions and positions in accordance with Appendix N ____;

issuance to employees at the expense of the organization of technological, uniforms according to the list of professions and positions in accordance with Appendix N _____.

8. To provide employees employed in work with harmful and dangerous working conditions with the following benefits and compensations:

preferential pension according to List No. 1 and List No. 2 in accordance with the list of professions and positions agreed with local bodies of the state examination of working conditions, the Pension Fund of Russia and the Ministry social protection Russian Federation, according to Appendix N ___;

additional leave and shortened working hours according to the list of professions and positions in accordance with Appendix N _____;

additional payment to the tariff rate (salary) for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix N ___;

milk or other equivalent products according to the list of professions and positions in accordance with Appendix N ___;

therapeutic and preventive nutrition according to the list of professions and positions in accordance with Appendix N _____________.

9. Provide workers in hot shops and areas with carbonated salted water, tea.

10. Establish a one-time cash benefit to employees (members of their families) for compensation for harm caused to their health as a result of an accident or occupational disease in the performance of labor duties in the following cases:

death of an employee - __________ minimum wage, as well as payment of bills and expenses associated with burial;

receipt by the employee of disability - _________ minimum wages;

loss of the employee's ability to work, which does not allow him to perform labor duties at the previous place of work - ______ minimum wages.

11. Establish at the expense of the organization the payment of a monthly cash benefit in the amount of 100% of the established (on the day of payment) minimum wage for children who have lost their breadwinner (for each child), until they reach the age of 18, and in cases of continuing their studies - up to 23 years .

12. Timely index the amounts of compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties.

13. Introduce compulsory medical insurance of employees at the expense of the organization and their insurance against accidents at work and occupational diseases.

14. Ensure working conditions and labor protection for women, including:

limit the use of women's labor at work at night;

to implement a set of measures to withdraw women from heavy physical work and work with harmful and dangerous working conditions;

to organize home work for women whose labor in the organization cannot be used temporarily;

allocate jobs in departments ____________________________

exclusively for the employment of pregnant women who need to be transferred to light work;

to carry out measures for the mechanization of manual and heavy physical work in order to introduce new norms for maximum permissible loads for women established by the Decree of the Council of Ministers - the Government of the Russian Federation of February 6, 1993 N 105.

15. Provide working conditions for young people, including:

exclude the use of labor of persons under the age of 21 in heavy physical work and work with harmful and dangerous working conditions;

establish, at the request of persons studying on the job, individual work regimes.

16. Together with the trade union committee (authorized by the trade union committee or labor collective) organize control over the state of conditions and labor protection in the divisions and the implementation of the agreement on labor protection.

17. Regularly consider at joint meetings with the trade union committee (authorized by the trade union committee or the labor collective), joint committees (commissions) issues of the implementation of the agreement on labor protection, the state of labor protection in the units and inform employees about the measures taken in this area.

18. Ensure the guarantees of the right of employees to labor protection, provided for by the Fundamentals of the legislation of the Russian Federation on labor protection, and the consolidation of these rights in labor agreements (contracts). Note. At the discretion of the employer and the labor collective, the "Conditions and labor protection" section may include additional clauses that expand the obligations of the employer in the field of labor protection, which do not contradict the requirements of the current legislative and regulatory legal acts on labor protection.

Planning measures for labor protection and development of programs to improve conditions and labor protection in the organization

Work planning for labor protection is an organizational management process carried out in order to ensure safe working conditions for employees based on the effective use of funds allocated for improving working conditions and labor protection.
Planning of work on labor protection is carried out on the basis of:
- long-term comprehensive plans (programs) for improving the conditions of labor protection and sanitary and recreational activities, which are integral part programs (if any) for the development of the enterprise;
- current (annual) action plans for labor protection included in labor protection agreements of the collective agreement;
- operational (quarterly, monthly) plans for departments (for example, for workshops and sections).
In addition to the labor protection measures of the collective agreement and labor protection agreements, the following are being developed:
- monthly work plans for labor protection in the unit;
- employer's action plans to reduce occupational injuries, occupational diseases at work.
Current planning improvement and improvement of working conditions, reduction of industrial injuries and occupational diseases provides for the development of annual work plans or activities.
This plan includes organizational, technical, sanitary and hygienic, treatment and preventive, socio-economic and other measures carried out in accordance with regulatory legal acts on industrial safety and labor protection.
Current (annual) plans are formalized by the annual order No. 　1 for the enterprise and agreements on labor protection of divisions indicating the deadlines for implementation and responsible persons. The agreements include the most important measures provided (confirmed by the relevant planning and economic documents) with material and financial resources necessary for their implementation.
The activities included in the plans mentioned above must have appropriate design and technological documentation, as well as be provided with material and technical resources.
The annual plan of measures to improve and improve the working conditions of the unit and structural unit is drawn up by the head of the unit and submitted to the labor protection department, before December 1 of the year preceding the planned one.
The annual plan for improving and improving working conditions, reducing injuries at the enterprise level is formed by the labor protection department on the basis of the draft annual plans of divisions and structural divisions sent to its address.
Until December 25 of the year preceding the planned one, the labor protection department forms and submits for approval to the chief engineer / technical director a draft annual plan for improving and improving working conditions, reducing injuries at the enterprise, breaking down this plan by quarter and indicating responsible executors.
The adjusted and agreed annual plan for improving and improving working conditions, reducing injuries is approved by the General Director in the annual order No. 1.
Operational (quarterly) plans are developed to solve newly emerging tasks to ensure labor safety based on the results of current monitoring of the state of conditions and labor protection at the level of divisions and structural divisions, instructions from state supervision bodies and public control over compliance with labor protection requirements and other measures to create safe conditions labor, materials for the investigation of accidents at work, accidents, etc.

Collective agreement - a legal act regulating labor, socio-economic and professional relations between the employer and employees at the enterprise, institution, organization. This is a kind of social partnership at the enterprise level. It is in organizations regardless of the form of ownership. Possible in structural divisions. The number of collective agreements in one organization is not limited. Designed to create a legal climate for the existence of social partnerships between the employer and employees, to mitigate the threat social conflict to provide a favorable social infrastructure for employees.

The collective agreement must contain the following sections:

• 1) obligations of the administration;
• 2) obligations of the trade union committee;
• 3) mutual obligations of the administration and the trade union committee.

The collective agreement must contain the following conditions:

• 1) Regulatory - separate norms of centralized legislation and local norms established by the parties within their competence, which apply to employees of the bottom organization. They are accepted for:
  • - which are not regulated by the legislation;
  • - if the legislation allows further specification in the conditions of this production;
  • - if the legislation directly provides for a collective-contractual procedure for regulating certain issues.
• 2) Informational - the norms of centralized legislation, which have not only regulatory, but also informational value. They are not developed by the parties, but are selected from the current legislation.
• 3) Obligatory - are not of a general nature. These are specific obligations of the parties with an indication of the deadlines for their implementation and the executing entities responsible for their implementation.

The collective agreement may have annexes that are an integral part of it: cost estimates for the production fund, science and technology, cost estimates for the material incentive fund, social development fund, labor protection agreements.

The implementation of the collective agreement is carried out in practice of the conditions that make up its content.

Agreement on labor protection - legal form planning and implementation of labor protection measures, indicating the deadlines, sources of funding and those responsible for their implementation.

Labor protection measures included in the agreement are grouped into 5 sections:

• - organizational measures;
• - technical measures;
• - treatment-and-prophylactic and sanitary measures;
• - measures to provide personal protective equipment;

Fire safety measures.

Depending on the sphere of regulation of social and labor relations, there are:

• 1) General - prisoners at the republican level.
• 2) Tariff--prisoners at the industry level.
• 3.) Local - prisoners in a certain territory.

Depending on the number of parties involved in the negotiations to conclude an agreement:

• - bilateral;
• - tripartite;

third party--organ government controlled if he is not the employer.

The number of participants is determined by agreement of the parties.

The parties to the agreements are determined by the level of agreements concluded:

• 1. General agreement - republican associations of trade unions and employers, rights. RB.
• 2. Tariff agreements - relevant trade unions or their associations, associations of employers, government bodies.
• 3. Local agreements - trade unions or their associations, local executive and administrative bodies.

Tariff and local agreements establish social and labor guarantees for employees, taking into account the characteristics of the industry or territory. The provisions that may be contained in the agreement may be informative for collective agreements.

The agreement is concluded for a period of 1 to 3 years, the specific duration is determined by the parties. It comes into force from the date of signing or at the time specified by the parties. Valid until the adoption of a new agreement.

Collective contracts and agreements regulate labor and related relations, allow for the consideration and coordination of the interests and needs of all participants in labor relations in the system of social partnership in the labor sphere.

The General Agreement is the basis for tariff and local agreements, collective agreements.

Agreements are concluded at the republican (general agreement), sectoral (tariff agreement) and local (local agreement) levels.

The parties to the collective agreement are the employees of the organization represented by their representative body (trade unions and other representative bodies) and the employer (manager) or authorized persons. At the same time, the head of the organization and his deputies cannot represent the interests of employees.

The collective agreement obliges the employer to regulate the norms for the provision of certain benefits and benefits (increasing payments, establishing a system of incentives for achievements in work, regulating working hours, etc.) to certain categories of workers.

Legislation defines an approximate list of provisions that may be included in the contract. These are the provisions on (about): labor organization, wage systems, working hours and rest time; creation of healthy and safe working conditions, improvement of health protection, guarantees of social insurance for workers and their families, protection environment; regulation of internal labor regulations and labor discipline; construction, maintenance and distribution of housing, social and cultural facilities; organization of health resort treatment and recreation for employees and their families, etc.

The collective agreement applies to the employer and all employees on whose behalf it is concluded, and is binding. All employees must be familiar with the current collective agreements and agreements. The terms and norms of collective agreements are obligatory for the parties that have concluded them. If they worsen the legal status of employees in comparison with the current legislation, agreements, then they are recognized as invalid.

The parties agreed jointly:

6.1. In accordance with Art. 226 of the Labor Code of the Russian Federation determine the procedure for financing and the amount of funds allocated for the implementation of measures to improve conditions, labor protection and safety (the amount of funds allocated for their implementation cannot be less than provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of St. Petersburg and the Leningrad region)

6.2. Develop (revise existing) labor protection instructions and provide them to all employees in the organization (institution) according to their affiliation.

6.3. Carry out in accordance with the established procedure training, instruction and testing of knowledge of Employees on labor protection.

6.4. Ensure control over compliance with legislative and other regulations on labor protection.

6.4.1. To form on a parity basis a commission on labor protection (composition of the commission - Appendix No. ___) and provide conditions for its effective work, as well as authorized (trusted) persons of the trade union committee on labor protection.

6.4.2. The employer organizes training for members of the commission on labor protection with a frequency of 1 time in three years, and for those elected to it for the first time no later than one month from the date of election. During the training period, employees retain their average earnings.

6.4.3. Members of the commission on labor protection, authorized persons of trade union committees on labor protection are provided with the necessary regulatory literature, rules and instructions on labor protection.

6.4.4. To perform the assigned tasks, members of the commission on labor protection and authorized persons of the trade union committee on labor protection are provided with up to _____ per week with the preservation of average earnings.

6.5. Consider issues related to the conditions and labor protection of employees of the organization (institution), and develop measures to improve them.

6.6. Take measures to organize and design offices and corners for labor protection, as well as other measures to promote and disseminate best practices in labor protection.

6.7. Determine the degree of responsibility of officials and employees of the organization for violation of legislative and other regulatory requirements for labor protection and failure to fulfill obligations in this area.

6.8. To organize control over the state of conditions and labor protection in the divisions and the implementation of the agreement on labor protection.

6.9. Regularly consider at joint meetings of representatives of the Employer and the Trade Union Committee or another elected body authorized by the Employees, committees (commissions) for labor protection issues of the implementation of the agreement on labor protection of this collective agreement (Appendix No. ____), the state of labor protection in the divisions and inform

6.10. The employer, in accordance with the current legislative and regulatory legal acts of the Russian Federation on labor protection, undertakes:

6.10.1. Allocate funds in the amount of ___ rubles for labor protection measures provided for by this collective agreement.

6.10.2. Carry out a special assessment of working conditions in accordance with the Federal Law of the Russian Federation No. 426 of December 28, 2013, in the following divisions (indicate the list or Appendix No. ___).

6.10.3. Provide Employees with information about the state of working conditions at the workplace, the existing risk of damage to health, the measures taken to protect against exposure to harmful or hazardous production factors, personal protective equipment issued, compensation provided for by applicable law. Inform Employees about their obligations in the field of labor protection.

6.10.4. Ensure the implementation of the right of Employees to refuse to perform work in cases of an immediate danger to their life and health until this danger is eliminated.

6.10.5. Provide professional retraining and employment of Employees at the expense of the organization in cases of suspension of activities (closure) of the organization or its division, liquidation of the workplace due to unsatisfactory working conditions, as well as in cases of disability due to an accident or occupational disease.

6.10.6. Conduct training and testing of knowledge on labor protection of Employees within the time limits established by regulatory legal acts on labor protection.

6.10.7. Ensure timely and high-quality briefings on labor protection for Employees, organize training in safe methods and techniques for performing work and providing first aid to victims. 6.10.8. Provide training for persons entering work with harmful and (or) dangerous working conditions, safe methods and techniques for performing work with internships at the workplace and passing exams, conducting their periodic training in labor protection and testing knowledge of labor protection requirements during the period of work.

6.10.9. Organize, in due time, medical examinations of Employees who are required to undergo preliminary (upon employment) and (or) periodic medical examinations.

6.10.10. Provide:

• issuance of special clothing, special footwear and other means to the Employeespersonal protection, detergents and disinfectants in accordance with the established standards for the list of professions and positions, as well as their issuance in excess of the established standards at the expense of the organization (Appendix No. __);
• repair, drying, washing of special clothing and special footwear, as well as its neutralization and restoration of protective properties.

6.10.11. To provide the Employees employed in work with harmful and dangerous working conditions with the following compensations:

• additional leave and shortened working hours according to the list of professions and positions (Appendix No. __);
• additional payment to the tariff rate (salary) ___% for work with harmful and dangerous working conditions according to the list of professions and positions in accordance with Appendix No. __ (to assess working conditions at each workplace, data from a special assessment of working conditions, certification of workplaces are used);

• milk or other equivalent products according to the list of professions and positions(Appendix No. __);
• therapeutic and preventive nutrition according to the list of professions and positions (Appendix No. __).

6.10.12. Establish an additional one-time cash benefit to Employees (members of their families) for compensation for harm caused to their health as a result of an accident at work or occupational disease in the performance of labor duties in the following cases:

• the death of an Employee ____ the minimum wage, as well as payment of bills and expenses associated with burial;
• receipt by the Disability Employee of __ minimum wages;
• loss by the employee of the ability to work, which does not allow him to perform labor duties at the previous place of work, __ the minimum wage.

6.10.13. Timely index the amounts of compensation for harm caused to Employees by injury, occupational disease or other damage to health associated with the performance of their work duties.

6.10.14. To carry out compulsory social insurance of Employees against accidents at work and occupational diseases.

6.10.15. Ensure working conditions and labor protection for women, including:

• limit the use of women's labor at work at night;
• to implement a set of measures to withdraw women from heavy physical work and work with harmful and dangerous working conditions;
• to allocate jobs in departments (indicate which ones) exclusively for the employment of pregnant women who need to be transferred to light work.

6.10.16. Ensure working conditions for young people, including excluding the use of labor of persons under the age of 18 in hard physical work and work with harmful working conditions.

6.10.17. Provide documents and information to the Pension Fund necessary for the appointment of early labor old-age pensions.

6.11. The trade union committee undertakes.

6.11.1. Ensure control over the state of conditions and labor protection and the implementation of the Agreement on labor protection, including spending Money allocated for these purposes.

6.11.2. Regularly consider at its meetings the implementation of the measures of this collective agreement and the Agreement on labor protection and inform employees, members of the Trade Union about their implementation or measures taken.

6.11.3. Timely (indicate the deadline) to consider the appeals of employees - members of the Trade Union.

6.11.4. Monitor the correctness of the accrued compensation payments to employees - members of the Trade Union for damage caused to health due to accidents at work and occupational diseases.