The importance of defining these two concepts is due to the fact that the first category is essential point labor contract (TD).

If the employment contract does not indicate the place of work, or it was misinterpreted, this can lead to certain consequences not only for the employee, but also for his employer.

concept

In the labor legislation, only the definition of the concept of “workplace” is disclosed. It means the specific location of the worker in which he performs his labor activity or must go in connection with the need to perform certain work.

At the same time, it is noted that such a territory must be controlled by the employer, directly or indirectly. The law does not contain a definition of the concept of "place of work". Analyzing legal acts, we will try to develop its definition, or at least clearly identify the difference in the terminology of the two concepts.

The terms "place of work" and "workplace" (in the employment contract) are territorial in nature, that is, they imply work in a clearly delineated place.

This is their universal property. The first of the terms is clearly dynamic, that is, it means that the place where a person reproduces his labor function can change.

The change in the location of the employee is associated with the need to perform his work function in full.

For example, an employee of the prosecutor's office goes from the building of the main place of work - the prosecutor's office - to the court to defend the rights of an indefinite contingent of people.

The other category is static, that is, refers to a specific object, building, perhaps, a structural unit - a branch or representative office - where a person works in accordance with labor and legal documents.

If we refer to the above example, then such a place for an employee of the prosecutor's office will be the building of the Prosecutor's Office, located at the appropriate address. But for an employee private organization- this is, for example, the building of LLC "Horns and Hooves", OJSC and in a similar spirit.

The role of the clause "place of work" in the employment contract

REFERENCE. The term “place of work” in an employment contract is an essential condition. If the parties initially forgot to indicate such a clause, then it is added to the employment contract as a separate annex or agreement.

As for the concept "workplace", that is non-essential item, included in labor documents purely at the request of the employer.

The concept of "place of work" is indicated only by specifying the location of a branch, representative office (another structural unit) in individual cases when work is performed in a structural unit in another locality.

Also the term appears in the Labor Code of the Russian Federation when the legislator guarantees the preservation of the worker, temporarily unable to perform labor obligations due to illness, pregnancy and other similar reasons, place of work.

The legislative concept is complicated by such categories as “structural subdivision”, “other locality”, “location”.

What is meant by "other area"?

Is it another city or region? Or maybe we are talking about a foreign country?

We believe that here it is appropriate to talk about the city and the region, and even about a foreign country.

Thus, we are talking about a branch / representative office / other structural unit in another city, region, country. Using a systematic analysis of existing labor and legal norms, we conclude that the location is nothing more than organization address.

Filling rules

What to indicate in the employment contract in the paragraph "place of work"?

Let's take a situation where the main office of the company is located in Moscow, and its branch, where the employee works, is in Naberezhnye Chelny. Here, data is entered in labor documents indicating the branch of the company in Chelny. The address (street, house) is specified.

For a detailed review, let's call the company "Swallow". Let the employee work in a branch of such an insurance company. Then the location of his work is as follows: a branch of the IC "Lastochka", located at: 423800, Nab. Chelny, st. Komissarov d. 57/11.

If the organization does not have the above divisions, then it is indicated that the citizen performs labor duties in the IC "Lastochka", located at the address: 115280, Moscow, st. Leninskaya Sloboda, 63.

Workplace has a more specific meaning. Where the legislation cannot consider a separate issue in detail, taking into account all the details, by-laws come to the rescue.

For example, the definition is disclosed in SanPiN dated 1.10.96 No. 21 as a section of the premises where work is performed during the entire work shift or part of such a shift.

The logical conclusion is that the workplace should be considered a certain part of the territory of the organization where the worker is working at a given point in time. Such territory may change with the need to travel to other parts of the territory on labor issues.

Below is an example of filling out the “place of work” clause in an employment contract:

shift worker

The shift method of performing work duties is marked by its own characteristics.

The legislator, explaining the characteristics of the shift, makes it clear that the place of work of the employee during the shift is located at a great distance from the place where his housing or the main office of the organization where he works is located.

This means that these territories do not coincide.

Place of execution labor function accordingly, there will be the territory, the object in which the employee directly works. On a rotational basis, for example, repair, construction works away from the populated area.

Driver (courier)

Driver and courier work also has its own characteristics (in the employment contract, a variable place of work), which provide for a permanent change in location, usually within the same locality or between different such points.

Here location in a specific period of time is determined by the customer, and sometimes there are several customers in one work shift. It seems that the most correct designation of the place of work will be the location of the main office, and if there are structural units of the organization, then the branch (representative office) in locality, in which the employee mainly moves or, if its definition causes certain difficulties, the main office.

Legal significance

Legal meaning of certainty in terminology huge. An incorrect interpretation of the concept can, for example, affect negatively the fate of the worker.

So, the legislation provides for the fact of absenteeism or absence from the workplace without good reasons more than 4 hours continuously.

And if an employee ceases to suit his boss for some personal reason, then he can try to take advantage of the situation.

The legislation provides for the possibility of the employer to dismiss the employee for being at the workplace in a state of intoxication.

And with conceptual uncertainty, the employer will have obstacles in order to release this particular position for a more worthy and worthwhile employee.

Here we should recall the guarantees of labor protection, which the employer may violate if the terms are misinterpreted.

For example, about what the workplace must comply with the regulations established at the state level. Difficulties arise in the attempt to obtain guarantees of compensation for work performed in the associated harmful and dangerous conditions.

In addition to the above, when replacing the concept of “place of work” with “workplace”, the employer has additional obligations with a constant change in the location of the worker, otherwise such movement, and in legal slang, transfer, will be illegal. And the worker can also take advantage of such a formal situation and go to court.

Conclusion

As you can see, just a substitution of concepts or an incorrect interpretation of the term can lead to serious legal consequences. Frequent errors in judicial review cases due to the lack of a clear terminological position of the legislator.

Therefore, it is important to always carefully study more than one source in order to understand what you wanted in this case say the legislator, but it is better to seek the advice of a professional.

About the role of the term “place of work” in an employment contract, watch a useful video:

The workplace is an organized and indivisible link in the production and technical process. It must be serviced by one or more workers and specialists. AT modern conditions the workplace is equipped with the necessary equipment.
Without a workplace, the labor activity of a single specialist or worker is impossible. This is a spatial zone of labor activity.

AT modern world, workplace:

• Equipped with the necessary basic and auxiliary means;
• Determined on the basis of the norm of labor legislation;
• Assigned to one or more employees;
• Serves for performance of industrial and administrative works.

The workplace occupies part of the office or production area, which also accommodates the necessary tools and objects of labor.

Jobs are classified depending on the nature of the work performed and on the characteristics of the production process.
Jobs are:

• Simple - it is served by only 1 employee from 1 unit. For example, 1 programmer maintains only 1 computer;
• Multi-station - serviced by an employee from several units.
  These jobs are common in textile industry and mechanical engineering. For example, 5 looms serve 1 seamstress;
• Collective - 1 unit is serviced by several workers. Such jobs are typical for the chemical, metallurgical, petrochemical and a number of industries. Food Industry. An example of such a workplace is a large rolling mill. It is served simultaneously by up to 120 workers;
• Stationary - located on a specific area and equipped with the necessary tools and objects of labor.
  Everything you need for a successful workflow is at your fingertips. For example, the workplace of an accountant - there is a computer, a printer, a scanner and other items of labor.
• Mobile - it moves depending on the location of the necessary objects of labor.
  Such a place moves after the objects of labor, without which it will not be a workplace. An example is a drilling rig. She moves after the drilling site.
• Spatial - the employee has only limited space on the square or just a place where he should appear every day at the beginning of the working day or at the call of his superiors.
  Such jobs are defined by the nature of the work, not by the production process or the means of labor. For example, exploration or grazing. The employee does not have a specific place where he works.
• Free - the employee can use any place in the office and production premises for his work.

The enterprise should have exactly as many jobs as provided by the nature of the work performed and the specifics of the production process, as well as the volume of products.
An overestimation of the number of jobs leads to an increase in irrational expenses for their equipment, maintenance and repair.

Mandatory requirements for the workplace are contained in the following documents:

• Labor Code of the Russian Federation - in the code there are many references to the workplace. For example, in Art. 212 of the Labor Code of the Russian Federation says that it must comply with working conditions;
• GOSTs, SanPins and other regulations - for example, GOST 12.1.005-88 SSPT. "General sanitary and hygienic requirements for air working area»;
• International standards.

Each workplace must be accounted for and have its own passport, which contains basic information about it. In addition, it is necessary to regularly conduct certification of workplaces.

- this is the area where the employee is located and the means of applying his labor, which is determined on the basis of technical and ergonomic standards and is equipped with technical and other means necessary for the employee to perform the specific task assigned to him.

Types of jobs

• simple workplace (maintenance by one worker of one unit);
• multi-station workplace (maintenance by one employee of several units at the same time);
• collective workplace (maintenance of one unit by several workers);
• stationary workplace (located on a fixed production area, equipped with stationary means of labor);
• mobile workplace (moves to the location of the objects of labor);
• spatial workplace (determined by the nature of the work - the employee does not have a fixed workplace, but only a delineated space and a permanent place of appearance);
• free workplace (to perform their duties, the employee uses any point on the territory of the enterprise).

simple workspace- one worker serves one unit. For example, one programmer maintains one set of computer equipment or one universal lathe serviced by one turner.

Multi-station workplace involves the maintenance of several units by one worker at the same time. This type of jobs is widespread in the textile industry and in mechanical engineering. For example, five lathes are serviced by one lathe operator.

Collective workplace characteristic of chemical industry, petrochemical, metallurgical and a number of sub-sectors of the food industry, as well as for large Vehicle(aircraft, sea and river vessels, locomotives). In this case one unit is served not by one, but by several workers. For example, a large rolling mill in a metallurgical plant is served by up to 120 workers at the same time.

Stationary workplaces motionless, located on a fixed production area and equipped with stationary means of labor (machines, mechanisms, tools). Items of labor are delivered directly to the workplace.

Mobile workstations do not have production areas assigned to them, but they themselves move towards the location of the objects of labor. For example, a drilling machine is moving towards a drilling site. Many workplaces move simultaneously with the objects of labor - cars, trains and other vehicles.

Spatial Jobs are not associated with any sector of the economy, types of products or means of labor, but are determined by the nature of the work. This is, for example, geological exploration, cleaning of premises, grazing, etc. An employee does not have a fixed workplace, but only a delineated space. He is assigned only a permanent place of appearance - a special room or office where the arrival and departure of the employee is recorded and his diligence is monitored. The workplace of a number of production specialists and managers does not have a clear regulation. They perform their immediate duties, not only sitting at their desk, but also being on the territory of the company. To some extent, this is a free workplace in the sense that this category employees can freely use any point of the territory of the enterprise to perform assigned duties.

Accounting and rationing of jobs

The number and professional composition of personnel are regulated by the number and nature of jobs at the enterprise. Availability of jobs is strictly monitored and constantly regulated. They should be no more and no less than required by the technology and organization of production, as well as established (service provision). Overestimation of the number of jobs entails additional unreasonable expenses on their arrangement, maintenance and depreciation, increases production costs and reduces income. Its decrease (compared to what is actually required) causes a disruption in the rhythm of production, a decrease in product quality, a violation of the schedule for supplying products to consumers, which also negatively affects economic indicators enterprises.

Accounting and rationing of jobs is carried out according to the actual service areas based on the volume and complexity of the work performed and the shift in the use of workplaces. The number of jobs for managers, specialists and employees is determined on the basis of the established staffing , and service personnel - based on service standards. To identify redundant and inefficient jobs, they are periodically re-registered and attested. Specialists develop programs and modernize and replace obsolete jobs with new ones, which provide growth and improvement, improving the quality of work.

The conditions in which it proceeds have a direct impact not only on its results, but also on human health. Therefore, experts are studying functionality people in order to create an optimal working environment, i.e. when achieving high productivity involves providing the necessary amenities and maintaining the health of the employee.

Based on the availability and composition of jobs, the entire structure of the enterprise is built, its scale is determined. Several interconnected workplaces form brigades, working groups, which are often referred to as a link. Brigades are made up of sections, sectors, which are then combined into workshops, departments, laboratories, from which, in turn, a complete object is formed - an enterprise.

Workplace passport

The passport ( standard project) the workplace of workers and employees includes the following sections:

• purpose and general characteristics;
• workplace layout;
• furniture, equipment and technical means;
• functional responsibilities (basic elements of work);
• methods and techniques of work;
• working conditions;
• salary;
• service organization;
• regulatory documentation;
• loading of the workplace (rationing);
• occupational Safety and Health;
• safety equipment.

The initial data for the development of job passports are:

• standard passports of workplaces;
• models of employees' workplaces;
• staffing of the enterprise;
• position on wages;
• scheme of installation of technical means;
• Operating Instructions;
• standards of managerial work;
• safety instructions;
• working draft of the building (office);
• specification for furniture and equipment;
• regulations on subdivisions;
• job descriptions;
• employment contracts of employees;
• area standards per 1 employee.

Workplace concept

In the field of labor protection, the term "workplace" has two meanings.

The first meaning is physical, familiar to everyone and familiar; it is associated with physical concept places (points, zones, territories) - this is the place where the employee directly works.

The second meaning is legal, mistakenly perceived by many as physical. This meaning of the concept of "workplace" is legally enshrined in Art. 209 of the Labor Code of the Russian Federation and fully complies with generally accepted international terminology, in particular the definition contained in the ILO Convention No. 155: “Places directly or indirectly controlled by the employer, where the employee must be or where he must go in connection with his work.” This definition is related to the relationship between the employee and the employer. In this understanding, the workplace is a place that is controlled by the employer and to which the employee moved (or should have moved) at the time of the injury.

Current labor legislation presupposes the right of the employee to proper working conditions . Agree Art. 212 and 219 of the Labor Code of the Russian Federation, the employee has the right to a workplace.

Compliant with the conditions stipulated state standards organization and labor safety and collective agreement , as well as labor protection requirements. This right of the employee is ensured by the obligations of the employer , established in Art. 212 of the Labor Code of the Russian Federation. The real workplace combines these two concepts. Note that for certification of the workplace greater value has an understanding of the workplace as a physical space, and not its legal meaning.

In the process of certification of workplaces, we deal with both values. First, we unwittingly use the legal concept of “workplace”, and then, in the process of measurement and evaluation, the physical one.

physical workplace is the main link in the production process, where the material and technical elements of production are concentrated and labor activity person. From how labor is organized in the workplace, depends on the use of the tools used, the quality of products, the cost, as well as common culture production and, consequently, the health and safety of the worker. The organization of the workplace aims to create optimal conditions for high performance work.

According to the degree of mechanization of the work performed, jobs are divided into automatic, semi-automatic, machine, machine-manual and manual; according to the nature of the arrangement of workers, the workplace can be individual and group; according to the number of serviced pieces of equipment - and, consequently, the movement of workers between them during work - workplaces can be single-station and multi-station. This list is easier to continue than complete, because the variety of jobs is quite large.

A good workplace (comfortable, and therefore productive) should correspond to the anthropometric data of the employee. Ergonomic assessment of such a workplace is carried out in accordance with the current regulatory documents.

The organization of the workplace is associated with technology, regulation and organization of labor, planning and evaluation of work, psycho-physiological, social, legal issues of labor protection. One of the ways to improve the organization of workplaces is their certification of workplaces according to working conditions.

In the process of certification of workplaces according to working conditions, it is necessary to distinguish between some features in the concept of a workplace as a physical space and a place of work at the same time.

Permanent (physical) workplace is the place where the worker is located most his working hours(more than 50% or more than 2 hours continuously). If at the same time work is carried out in various points of the working area, the entire working area is considered a permanent workplace (GOST 12.1.005-88).

Work zone - a space limited by a height of 2 m above the floor level or a platform on which there are places of permanent or non-permanent (temporary) stay of workers.

Non-permanent workplace- the place where the worker is located for a smaller part of his working time (less than 50% or less than 2 hours continuously).

The workplace can be both individual and collective.

Under the individual workplace all workplaces are understood with an individual work area assigned to each employee; the production task is set for each employee separately. An example is the workplace of a welder, a turner, a driver of vehicles, etc.

Under the collective workplace refers to workplaces where several workers are employed without an individual working area assigned to each of them. The production task is set for the entire team and is carried out simultaneously through interconnected works and operations.

In a number of industries, for example, in construction and housing and communal services, communications, oil pipeline transport, there are stationary and so-called non-stationary jobs.

Stationary workplace - a workplace, the location and technical equipment of which are of a permanent (stationary) nature; in addition, the employee does not change his workplace in the course of his work. Such a workplace is associated with a certain “place” in the workshop, in the office, at the work site. The parameters of such a workplace and the security measures taken are easily determined by the fact: the employee has been working at this place for a relatively long time.

Non-stationary workplace- a workplace, the location of which, as well as its technical equipment, are not of a stationary nature; the employee moves in the process of work (during the day, week, month) from place to place, and each place may have its own characteristics. Such a workplace is often found, for example, in construction. It may be associated with a specific facility under construction or an operated structure. At the same time, the technical equipment of the “workplace” is mobile or portable. Non-stationary workplaces often have repetitive parameters and standard solutions to ensure the safety of workers, which should be taken into account during their certification. At the same time, typical work operations with a relatively stable set and magnitude of harmful and dangerous production factors are determined, and these operations are subsequently evaluated. The execution time of each operation is determined by an expert.

One of the main features of the workplace, from the point of view of certification in terms of working conditions, is the employee's profession, since many characteristics of the workplace are derived from the profession - the short name of the employee's labor function associated with the main production or technological process production. At the same time, the name of the employee's profession is the main identification feature of his workplace.

There are no exactly identical jobs, but in organizations there are often jobs that are similar in nature of the work performed and working conditions.

When compiling a list of jobs subject to certification, it is very important to take into account the similar nature of the work performed. As experience has shown, it is the definition of whether a workplace is similar or not that causes difficulties for specialists involved in attestation of workplaces.

Similar jobs- jobs that are characterized by a combination of such features as:

Fulfillment of the same professional duties in the conduct of a single technological process;

Use of the same type of equipment, tools, fixtures, materials and raw materials;

Work in one room where uniform systems of ventilation, air conditioning, lighting, heating are used;

The same arrangement of objects in the workplace.

Workplace - the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Comment

The term "Workplace" is defined by Article 209 of the Labor Code of the Russian Federation: A workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

required to be included in labor contract are: the place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location (Article 57. "Content of the employment contract" TC RF).

The concept of "Workplace" is used in taxation. So, - any subdivision territorially isolated from it, at the location of which stationary workplaces are equipped. At the same time, the workplace is considered stationary if it is created for a period of more than one month (Article 11 of the Tax Code of the Russian Federation).

Accordingly, if stationary workers are equipped outside the location of the organization, then the taxpayer is obliged to fulfill tax obligations at the location of the units.

In practice, there may be controversial situations on this issue - for example, when employees work on temporary construction sites, carry out repairs on the territory of the customer, etc.

In such situations, it is required to determine the degree of control of the employer over the workplace and other factors.

The definition of the term "Workplace" is also available in a number of other documents:

Workplace - a section of the premises where labor activities are carried out during a work shift or part of it. A workplace can be several sections of a production facility. If these areas are located throughout the premises, then the entire area of ​​\u200b\u200bthe premises is considered the workplace (clause 3.2. "SanPiN 2.2.4.548-96. 2.2.4. Physical factors production environment. Hygienic requirements for the microclimate industrial premises. Sanitary rules and norms" (approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated 01.10.1996 N 21)).

A stationary workplace is a workplace, the location, as well as the technical equipment of which are of a stationary nature, that is, the workplace is associated with a specific workshop or work area;

A non-stationary workplace is a workplace, the location of which, as well as its technical equipment, are of a non-stationary nature, that is, the workplace is associated with a specific construction site or facility in operation, and the technical equipment is mobile or portable (Appendix B "SP 12-133-2000 . Occupational safety in construction. Regulations on the procedure for attestation of workplaces for working conditions in construction and housing and communal services "(adopted and put into effect by the Decree of the Gosstroy of the Russian Federation of March 31, 2000 N 26)).

Example from jurisprudence

Subcontractor sent to building object to the contractor of their employees who lived on the site and carried out work there. Tax authority believed that the subcontractor had stationary workplaces at the place of work and, accordingly, a separate division arose for the purposes of paying taxes.

The court concluded that in this situation a separate division did not arise:

Under the terms of the subcontract, the works were performed on the territory of the customer and under the control of the contractor in accordance with project documentation issued and approved by the contractor. At the same time, the conclusion of a subcontract agreement and the sending of employees on a business trip for a period of more than a month does not in itself indicate the creation by the Company of separate subdivision, since sending employees on a business trip without creating stationary jobs does not lead to the formation of a separate unit.