Labor protection clause in the collective agreement. Collective agreement

Recommendations on the approximate content of the section of obligations of the employer and employee regarding labor conditions and safety in an employment agreement (contract) have been developed in order to more fully take into account the requirements of the Fundamentals of Legislation Russian Federation on labor protection relating to the responsibilities of the employer and employee to ensure labor protection in the organization and create healthy and safe working conditions in the workplace.
Basic provisions
1. The employer, by this employment agreement (contract), certifies that workplace Based on the results of a special assessment of working conditions, the employee is characterized by:
without hazardous conditions labor;
harmful conditions labor;
hazardous working conditions.

2. The employee’s working conditions are characterized by the following list of actual and permissible levels of harmful (hazardous) production factors: __________________________
3. The employer, in accordance with current legislative and regulatory legal acts on labor protection, guarantees employee rights to labor protection and undertakes to provide:
3.1. Protecting employees from exposure to harmful and dangerous production factors.
3.2. Introduction of modern safety equipment and creation of the necessary sanitary and hygienic working conditions to prevent injury and occupational illness of workers in the workplace.
3.3. Workplace equipment necessary equipment, furniture, tools, fixtures, equipment and the safety of this and other property assigned to the employee.
3.4. Periodic training of the employee in safe working practices and methods, conducting initial and periodic briefings on labor protection at the expense of the employer.
3.5. Timely delivery to the employee in accordance with established standards workwear, safety footwear and other personal protective equipment at the expense of the employer (list): ________________________________.
3.6. Washing, repair, drying, neutralization and restoration protective properties workwear and safety footwear at the expense of the employer and their timely replacement.
3.7. Conducting pre-employment and periodic medical examinations at the expense of the employer.
3.8. Providing the employee, in accordance with current sanitary standards and rules, with sanitary facilities and devices, and detergents.
3.9. Professional retraining of an employee at the expense of the employer in the event of suspension or closure of an organization, workshop, site or liquidation of a workplace due to unsatisfactory working conditions, as well as in the event of loss of ability to work due to an industrial accident or occupational disease.
3.10. Providing the employee (upon his request) with reliable information about the state of labor conditions and safety at his workplace, about existing risk damage to health, as well as measures taken to protect it from the effects of harmful or dangerous production factors.
3.11. Compensation for harm caused to an employee as a result of injury, occupational disease or other damage to health associated with the performance of his job duties.
3.12. Insurance of an employee against accidents at work at the expense of the employer.
3.13. Employee health insurance at the expense of the employer.
3.14. Additional insurance protection for the employee (issuing an insurance policy abroad) when performing work related to traveling outside the territory of Russia (sailors, vehicle drivers, company managers, etc.).
3.15. Providing an employee with benefits and compensation for working in harmful and dangerous working conditions, including: preferential pension according to List No. 1 or List No. 2 (section, paragraph)
additional leave ____ days
shortened working hours ____ hours
surcharge _____ percent to tariff rate(salary)
milk or other equivalent products ______________________ therapeutic and preventive nutrition __________________________

4. The employer undertakes at the expense own funds provide the employee with additional benefits not provided for by the current legislative and regulatory legal acts on labor protection (list): ________________________.
5. The employee is guided in his work by the current legislative, regulatory legal acts and instructions on labor protection, internal rules labor regulations, by orders of the employer’s administration and undertakes:
5.1. Comply with labor and production discipline, norms, rules and instructions on labor protection.
5.2. Correctly use collective and individual protective equipment.
5.3. Immediately report to your immediate supervisor any accident that occurs at work, signs of an occupational disease, as well as a situation that poses a threat to the life and health of people.
6. An employee has the right to conduct an independent examination of working conditions at his workplace at the expense of the employer. Note. At the discretion of the employer and employee, the section of the employment agreement (contract) on labor conditions and safety may include additional clauses that expand their mutual obligations in this area and do not contradict the requirements of current legislative and regulatory acts on labor protection.

Recommendations on the approximate content of the section “working conditions and safety” in a collective agreement, which provides for the employer’s obligations to the organization’s workforce in the field of labor conditions and safety

Recommendations on the approximate content of the section “Working Conditions and Safety” in the organization’s collective agreement have been developed in order to more fully take into account the requirements of the Fundamentals of the legislation of the Russian Federation on labor protection regarding the employer’s responsibilities to the workforce to ensure labor protection in the organization and create healthy and safe working conditions at production.
Basic provisions
Employer in accordance with 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. Execute in deadlines a set of organizational and technical measures provided for by the labor protection agreement, in accordance with Appendix N ___.
3. Form a labor protection fund for the organization and allocate funds for these purposes in the amount of ___ rubles.
4. Conduct special assessment working conditions 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 the holding within the established time frame medical examination employees of the organization who are required to undergo periodic medical examinations.
7. Provide:
- timely provision to employees of special clothing, special shoes and other personal protective equipment, detergents, lubricants and disinfectants 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 (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 their neutralization and restoration of protective properties;
- provision of special clothing, special shoes and other personal protective equipment to employees in excess of the established standards at the expense of the organization according to the list of professions and positions in accordance with Appendix N ____; - issuing technological uniforms to employees at the expense of the organization according to the list of professions and positions in accordance with Appendix N ___.
8. Provide workers engaged in work with harmful and dangerous working conditions with the following benefits and compensation:
- preferential pension according to List No. 1 and List No. 2, in accordance with the list of professions and positions agreed upon with local bodies of 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 and tea.
10. Establish a one-time cash benefit to employees (members of their families) for compensation for damage caused to their health as a result of an accident or occupational disease while performing their job duties in the following cases:
- death of an employee - ____ minimum sizes wages, as well as payment of bills and expenses associated with the funeral;
- the employee receives a disability - ____ minimum wage;
- the employee’s loss of ability to work, which does not allow him to perform work duties at his previous place of work, - ____ minimum wage.
11. Establish, at the expense of the organization’s funds, 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 a breadwinner (each child) until they reach the age of 18, and in cases of continuing education - 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 job duties.
13. Introduce mandatory medical insurance for employees at the expense of the organization and insurance against industrial accidents and occupational diseases.
14. Ensure working conditions and protection for women, including:
- limit the use of women in night work;
- implement a set of measures to remove women from heavy physical work and work with harmful and dangerous working conditions;
- organize home work for women whose labor cannot be temporarily used in the organization;
- allocate jobs in ____________________ departments exclusively for the employment of pregnant women who need to be transferred to light work;
- carry out measures to mechanize manual and heavy physical work in order to introduce new standards of maximum permissible loads for women established by Resolution of the Council of Ministers - 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 schedules.
16. Together with the trade union committee (authorized by the trade union committee or labor collective) organize control over the state of labor conditions and safety in departments 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 labor collective), joint committees (commissions) issues of implementation of the agreement on labor protection, the state of labor protection in departments and inform workers about the measures taken in this area.
18. Ensure guarantees of the right of workers to labor protection, provided for by the Fundamentals of the legislation of the Russian Federation on labor protection, and securing these rights in employment agreements (contracts).
Note. At the discretion of the employer and the workforce, the section “Working Conditions and Safety” may include additional clauses that expand the employer’s obligations in the field of labor protection, which do not contradict the requirements of current legislative and regulatory legal acts on labor protection.

In an organization or individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation). The procedure for developing and adopting codes of practice is defined in the Labor Code of the Russian Federation. As before, C.D. can be concluded not only in an organization that has the rights legal entity, but also in its branches and representative offices - provided that their organizational forms comply with the Civil Code of the Russian Federation.

If the organization is subject to the appropriate (sectoral, intersectoral, territorial, regional and general), then the regulatory framework is based on regulations of higher levels in relation to it. The Code cannot contain conditions that reduce the level of rights and guarantees established in these acts. It is only possible to expand and specify these guarantees, taking into account the financial and economic capabilities of a given organization.

If agreement is not reached between the parties on certain provisions of the draft Code of Agreement within 3 months from the date of the start of collective negotiations, the parties must sign the Code of Agreement on the agreed terms and simultaneously draw up a protocol of disagreements. Unsettled disagreements can be resolved during further collective negotiations or in accordance with the Labor Code of the Russian Federation and other federal laws.

The C.D. may include the obligations of employees and the employer on the following issues:

forms, systems and amounts of remuneration, payment of benefits, compensation;

a mechanism for regulating wages taking into account rising prices, the level of inflation, and the fulfillment of indicators determined by the Code;

employment, retraining, conditions for releasing workers;

And, including issues of granting vacations, their duration;

improving the working conditions and safety of workers, including women and youth;

respecting the interests of employees during the privatization of organizations and departmental housing;

And in production;

guarantees and benefits for employees combining work with training;

health improvement and recreation for employees and members of their families;

control over the implementation of the design document, the procedure for making changes and additions to it;

liability of the parties;

ensuring normal conditions for the activities of employee representatives;

refusal to strike if the conditions of the contract are met (Article 41 of the Labor Code of the Russian Federation).

Issues of labor conditions and safety can be separated into a special one on occupational safety, which in this case is an appendix to the Code of Practice.

They may also discuss other issues, which (if agreement is reached) are included in the Code of Practice. If labor legislation contains a direct requirement for the mandatory enshrinement of certain normative provisions in the Code of Practice, then they must be included in the Code of Practice. .d.

The contract of agreement is concluded for a period of no less than 1 year and no more than 3 years and comes into force on the date of signing by the parties or from the date established in the contract of agreement. The parties have the right to extend the validity of the contract of agreement for a period of no more than 3 years. , after which they must conclude a new contract. The conclusion of a contract for a certain period is beneficial to both parties: it has the opportunity to plan its economic activities for a fixed period of time; employees receive a guarantee of the stability of their social position.

The validity of a contract of agreement extends to all employees of the organization, individual entrepreneur, and the validity of a contract of agreement concluded in a branch, representative office or other separate structural unit of the organization extends to all employees of the corresponding division.

The contract remains valid in cases of changing 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.

When changing the form of ownership of an organization, the code remains valid for three months from the date of transfer of ownership rights.

When an organization is reorganized in the form of a merger, accession, division, or separation, the Code remains in force throughout the entire period of the reorganization.

When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new contract or extend the validity of the previous one for up to three years.

When an organization is liquidated, the Code remains valid for the entire period of liquidation (Article 43 of the Labor Code of the Russian Federation).

IN textbook outlines the basic requirements of governing documents on labor protection, organization and safety educational process, preparation and conduct various types work on equipment and machinery. The manual is intended for heads of departments and services, teachers and employees - in preparation for testing knowledge on labor protection in accordance with the requirements of Art. 225 of the Labor Code of the Russian Federation and Resolutions of the Ministry of Labor and Ministry of Education. The manual can be used when training students in the training program for specialists - “occupational safety engineers”. The manual uses references to legislative acts of the Russian Federation and other regulatory legal acts for an independent, more in-depth study of issues related to labor protection and safety fire safety. The manual was developed by the team of the Vladimirsky labor protection department state university. 1. Collective agreement and the Occupational Safety and Health Agreement. The main content and responsibility of the parties for implementation of planned activities. Collective agreement - a legal act regulating labor, socio-economic and professional relationships between the employer and employees at an enterprise, institution, or organization. The procedure for developing and concluding a collective agreement is regulated by the Law of the Russian Federation “On Collective Agreements and Agreements”. 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. Occupational Safety and Health Agreement - legal form planning and carrying out occupational safety measures, indicating deadlines, sources of financing and those responsible for their implementation. Labor protection measures included in the agreement are grouped into 5 sections: - organizational events; - technical activities; - therapeutic, preventive and sanitary measures; - measures to provide personal protective equipment; - fire safety measures. 2. The concept of labor protection. Legal acts and responsibility for their implementation. Occupational Safety and Health - system for ensuring the safety of life and health of workers in the process labor activity, including legal, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures. The fundamental legislative acts on labor protection are: the relevant norms of the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Law of July 24, 1998. No. 125 “On compulsory social insurance against accidents at work and occupational diseases.” The Labor Code is a legislative act of direct effect. Responsibility for violations of labor protection legislation is set out in: - Code of Administrative Offences: Article 5.27.1. Violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 5 to 50 minimum wages. - Criminal Code: Art. 143. Violation of labor safety rules provides: - if, due to violation of labor safety rules by a person who was responsible for complying with these rules, grave or moderate harm to human health was caused, this person is punished with a fine of 200 to 500 minimum wage or salary; correctional labor for up to 2 years or up to 2 years in prison; -if a person’s death occurs - imprisonment for up to 5 years (and you cannot hold certain positions for up to 3 years). 3. Basic provisions of labor protection legislation. The main provisions are set out in the main document - the Labor Code of the Russian Federation (Section X, “Labor Safety”). Labor Code establishes guarantees for the implementation of workers' rights to labor protection and determines a unified procedure for regulating relations in the field of labor protection between employers and employees at enterprises, institutions and organizations of all forms of ownership, regardless of the sphere economic activity and departmental subordination and aimed at creating working conditions that meet the requirements of preserving the life and health of workers in the process of work and in connection with it. 4. State supervision and control over compliance with the legislation of the Russian Federation on labor protection. State supervision and control over compliance with legislative and other regulations on labor protection is carried out by the federal body for supervision and control over labor protection. Officials of state supervision and control bodies (state inspectors) on labor protection have the right to freely visit any enterprises, conduct investigations of accidents at enterprises, have access to the necessary information, issue mandatory instructions to enterprise officials, suspend the operation of production equipment and the activities of production facilities. divisions, impose fines on officials of enterprises guilty of violating legislative and other regulations on labor protection. Officials of state supervision and control bodies are responsible for fulfilling the duties assigned to them in accordance with the legislation of the Russian Federation. 5. Rights and guarantees of workers for labor protection. In accordance with Article 219 of the Labor Code of the Russian Federation, each employee has the right to: - a workplace that meets labor protection requirements; - compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law; - obtaining reliable information from the employer or state and public bodies about the state of labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against the influence of harmful and (or) hazardous production factors; - refusal to perform work in the event of a danger to his life and health until this danger is eliminated; - provision of collective and individual protection means; - training in safe labor methods and techniques at the expense of the employer; - for professional retraining at the expense of the employer in the event of liquidation of a workplace; - a request to conduct an inspection of labor conditions and labor protection at his workplace by state supervision and control bodies over compliance with labor and labor protection legislation; - contacting the relevant authorities state power, as well as trade unions on labor protection issues; - personal participation in the investigation of an accident or occupational disease that occurred to him; - an extraordinary medical examination (examination) in accordance with medical recommendations with preservation of his place of work and average earnings; - compensation established by law, collective agreement, if he is employed at hard work and work with harmful and (or) dangerous working conditions. The state guarantees the right to labor protection employees involved in labor process under an employment contract with the employer. An employee’s refusal to perform work not provided for in the employment contract does not entail any unreasonable consequences for him. Admission to work of persons who have not undergone training and testing of knowledge, norms and instructions on labor protection in accordance with the established procedure, prohibited. 6. Powers of labor collectives in the field of labor protection. The parties to the collective agreement are the employees and the employer. The workers are represented by the primary trade union organization (as an authorized representative of the workforce), the employer is represented by the head of the organization (institution). The trade union committee uses the Collective Agreement as a tool to increase the level of social and labor rights and guarantees of workers and, within the framework of legislative possibilities, protects the rights and interests of trade union members to work in conditions that ensure the preservation of life and health during the working period. In a collective agreement, both parties rely on regulations, when adopting which the employer takes into account the opinion of the trade union committee or makes a decision in agreement with it. Important directions collaboration are: - organization of joint commissions on labor protection; - organizing and conducting reviews and competitions on labor protection; - organization and conduct of administrative and public control; - organizing and conducting certification of workplaces; - joint control over the implementation of the agreement on labor protection; - discussion of the results of implementing labor protection measures at joint meetings of the trade union committee and the administration. 7. Public control over labor protection. Public control in the labor safety management system is one of the forms of trade union control over the state of labor conditions and safety in the workplace, as well as compliance by all officials and workers with the requirements labor legislation, instructions and others regulatory documents on labor protection. Public control does not exclude administrative control in accordance with job responsibilities managers and engineering and technical workers of the organization (institution). Trade unions represented by their relevant bodies and other representative bodies authorized by employees have the right to: - monitor compliance by employers with legislative and other regulations on labor protection; - conduct an independent examination of working conditions and ensure the safety of enterprise workers; - take part in the investigation of accidents and occupational diseases at work; - receive information from managers about the state of labor conditions and safety, as well as about all reportable industrial accidents; - make demands to suspend work in cases of immediate threat to the life and health of workers; - check the state of labor protection conditions provided for by collective agreements or agreements; - issue mandatory submissions to the employer regarding the elimination of identified violations of labor protection legislation; - take part in the work of commissions for testing and commissioning of production facilities; - take part in the development and approval of regulations on labor protection; - contact the relevant authorities with a demand to bring to justice the officials responsible for the violation regulatory requirements on labor protection, concealment of accidents at work; - take part in the review labor disputes related to violation of labor protection legislation, obligations established by collective agreements or labor protection agreements, and changes in working conditions. 8. Responsibilities of employers to comply with labor protection requirements. The employer must ensure: - safety during operation industrial buildings, structures, equipment, safety technological processes and raw materials used in production, as well as the effective use of collective and individual protective equipment; - working conditions at each workplace that comply with the requirements of labor protection legislation; - organizing proper sanitary, medical and preventive services for workers; - work and rest regime for employees established by law; - provision of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents in accordance with established standards to workers engaged in production with harmful or dangerous working conditions, as well as in work associated with pollution; - effective control over the level of impact of harmful or dangerous production factors on the health of workers; - compensation for harm caused to employees by injury, occupational disease or other damage to health related to the performance of their job duties; - training, instructing workers and testing workers’ knowledge of labor protection standards, rules and instructions; - informing employees about the state of working conditions in the workplace, about the existing risk of damage to health and the personal protective equipment entitled to employees, compensation, and benefits; - unhindered admission of representatives of state supervision and control bodies and public control to conduct inspections of the state of conditions and labor protection at the enterprise and compliance with labor protection legislation, as well as to investigate industrial accidents and occupational diseases; - timely payment of fines imposed by state supervision and control authorities for violations of labor protection legislation and regulations on occupational safety and health; - necessary measures to ensure the preservation of the life and health of workers in the event of an emergency situations, including appropriate measures to provide first aid to victims; - submission to the supervisory and control authorities of the necessary information about the state of labor conditions and safety at the enterprise (institution), the implementation of their instructions, as well as about all accidents and injuries to the health of workers at work that are subject to registration; - compulsory insurance workers from temporary disability due to illness, as well as from industrial accidents and occupational diseases. 9. Benefits and compensation for hard work, work with harmful and dangerous working conditions, the procedure for their provision. For hard work and work with harmful and dangerous working conditions, additional benefits and compensation are provided. Additional benefits and compensation to employees, provided taking into account the specific working conditions at a particular enterprise, may be determined by a collective agreement or agreement. By order of the Committee on higher school The Ministry of Science of the Russian Federation dated October 7, 1992 N 611 “On additional payments for unfavorable working conditions for employees of the Higher Education Committee system” introduced the “Regulations on the procedure for establishing additional payments for unfavorable working conditions for specialists and employees of educational institutions.” Additional payments for unfavorable working conditions are established By workplace certification results or assessments of working conditions for persons directly employed in the work provided for in Lists No. 1 and No. 2 and are accrued for the period of actual employment of workers in such workplaces or in such working conditions. Additional payments to those working in unfavorable conditions labor is carried out: - in work with dangerous, harmful and difficult working conditions - in the amount of up to 12% / inclusive / official salary /rates/. In accordance with the Decree of the Ministry of Labor and social development RF dated March 31, 2003 No. 13 and Art. 222 of the Labor Code of the Russian Federation defines the norms and conditions for the free distribution of milk to employees engaged in work with hazardous working conditions (0.5 liters per shift). It is prohibited to use women's labor in heavy work and in work with hazardous working conditions, as well as in underground work, except for some underground work (not physical work or work on sanitary and consumer services). The list of heavy work and work with hazardous working conditions, in which the use of women’s labor is prohibited, is approved in the manner prescribed by law. It is prohibited for women to carry or move heavy objects that exceed the limits established for them. The maximum permissible load weight when alternating lifting and moving heavy objects with other work is 10 kg; when lifting weights to a height of more than 1.5 m - 10 kg; when lifting and moving heavy objects constantly during a shift - 7 kg. A number of articles of the Labor Code include provisions such as restrictions on women’s work at night; It is not allowed to involve women in overtime work and working on weekends and sending pregnant women and women with children under 3 years of age on business trips. Women with children aged 3 to 14 years cannot be required to work overtime or go on business trips without their consent. Pregnant women, in accordance with a medical report, can be transferred to an easier job that excludes the impact of adverse production factors while maintaining the average earnings for their previous job. Persons under sixteen years of age are not permitted to be employed. In exceptional cases, in agreement with the enterprise's trade union, persons over 15 years of age may be hired. All persons under 18 years of age are hired only after a preliminary medical examination, and in the future (up to 18 years of age) they are subject to an annual medical examination in order to establish the teenager’s suitability for the chosen or performed work, and when performing work in unfavorable working conditions, an annual medical . examinations are carried out until the age of 21. By Government Decree of February 25, 2000. No. 162 prohibits the use of labor by persons under eighteen years of age in heavy work and in work with harmful or dangerous working conditions, as well as in underground work. Other benefits for teenagers are: -shortened working day (4 hours for persons from 15 to 16 years old and 6 hours for persons from 16 to 18 years old); -prohibition to involve them in night and overtime work; -increased vacation (30 calendar days); -preferential conditions remuneration, hiring and dismissal, etc. 11. General principles organization of work on labor protection at enterprise / university /. According to the Labor Code, Article 217, in order to ensure compliance with labor protection requirements and monitor their implementation, in each organization carrying out production activities with more than 50 employees, a labor protection service (department) is created or the position of a labor protection specialist is introduced labor with appropriate training or experience in this field. The Regulations on the labor protection service (department) are being developed. All work on labor protection is carried out in accordance with the “Regulations on the organization of work on labor protection”, which defines the labor protection responsibilities of all officials of the organization (institution, educational institution). 12. Rules internal regulations. The main responsibilities of managers and employees to comply with it. The internal regulations have the goal of promoting the education of team members, further strengthening labor and academic discipline, organization of work and training on a scientific basis, rational use working and study time, high quality work, increased productivity and improved quality educational process. All issues related to the application of internal regulations are resolved by the administration within the limits of the rights granted to it. The administration is obliged to: - organize the work of the teaching staff and other employees of the educational institution so that everyone works in their specialty and qualifications, has a workplace assigned to them, etc.; - ensure healthy and safe working conditions; - improve working conditions, strictly comply with labor legislation; the technical equipment in use must comply with the requirements of labor protection rules and regulations (safety rules, sanitary standards, etc.); - ensure proper maintenance of the premises, heating systems, lighting, ventilation and other equipment; create normal conditions for storing outerwear for employees of an educational institution, graduate students, students and listeners; - deploy modern means safety precautions to prevent industrial injuries and provide sanitary and hygienic conditions to prevent the occurrence of occupational and other diseases of higher education institution employees, graduate students, students and listeners; - constantly monitor compliance by employees, graduate students, students with all requirements of safety instructions, sanitation and occupational hygiene, fire protection; - issue salaries to teachers and other employees of the educational institution. For violations of internal labor regulations, those responsible may receive penalties: a reprimand, a reprimand, a severe reprimand, transfer to a lower-paid job, dismissal (for absenteeism or absence from work for more than 3 hours). For violation of labor safety requirements, those responsible may be subject to disciplinary, administrative or criminal liability. 13. Labor relations between employer and employee, the procedure for their registration and guarantees of compliance. In accordance with labor legislation, regulation labor relations and other directly related relations can be carried out by concluding, amending, supplementing collective agreements, agreements, and employment contracts by employees and employers. These legal norms cannot contain conditions that limit the rights or reduce the level of guarantees of workers in comparison with those established by labor legislation (Labor Code of the Russian Federation, Article 9). The basic rights and responsibilities of an employee are defined in Article 21 of the Labor Code of the Russian Federation. The employee has the right to be provided with work stipulated by the employment contract. The employment contract implements the constitutional provision on freedom of labor, on the right of everyone to freely dispose of their abilities to work, choose their type of activity and profession. Employment contract is in writing. Hiring is formalized by order (instruction) of the administration of the enterprise, institution, or organization. The order is announced to the employee against signature. Actual admission to work is considered the conclusion of an employment contract, regardless of whether the hiring was properly formalized. The employment contract is drawn up in 2 copies and kept by each of the parties to the contract. To restore violated rights, state supervision and control over compliance with labor legislation is carried out, which is carried out by the federal labor inspectorate and special authorized bodies - federal supervision, as well as federal executive authorities, constituent entities of the Russian Federation and bodies local government with the execution of relevant documents (acts, orders, etc.). The protection of workers' labor rights is also carried out by trade unions, which create legal and technical labor inspectorates for this purpose. 14. Basic provisions labor law. The main provisions are set out in the Constitution of the Russian Federation, Labor Code RF, the RF Law “On compulsory social insurance against industrial accidents and occupational diseases”, as well as in a number of other regulatory legal acts and departmental documents (Government Decrees, GOSTs, SNiPs, SanPiNs, etc.) containing labor law norms. Goals labor legislation is the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers. Main tasks labor legislation is to create the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as legal regulation labor relations and other directly related relations in: - labor organization and labor management; - employment with this employer; - vocational training, retraining and advanced training of workers; - social partnership, conclusion of collective agreements and agreements; - material liability of employers and employees in the field of labor; - supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms; - resolution of labor disputes; - compulsory social insurance in cases provided for by federal laws.

Collective agreement and labor protection agreement

A collective agreement is a legal act that regulates labor, socio-economic and professional relations between the employer and employees at an enterprise, institution, or organization.

The main principles of concluding a collective agreement are compliance with the law, the authority of representatives of the parties, their equality, freedom and discussion of issues, the voluntariness of accepting obligations, the reality of ensuring the measures taken, systematic control and the inevitability of responsibility.

Representation of the employer at the enterprise level is carried out by the manager, and representation of employees is carried out by the trade union organization or authorized representatives elected at general meeting team.

The collective agreement is concluded annually and comes into force on the date of signing by the parties. It contains basic provisions on issues wages, working hours, improvements living conditions, duration of vacations, labor protection of workers, etc.
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A significant part of the collective agreement consists of labor protection measures. These activities are financed from the profit (income) of the enterprise, as well as from labor protection funds. Funds allocated to enterprise labor protection funds are spent exclusively on improving the health of workers and improving working conditions.

Approximate contents of the section “Working conditions and safety”

The employer undertakes˸

1. Allocate for labor protection measures cash in the amount of ______ rubles.

2. Complete the measures provided for in the labor protection agreement within the established time frame.

3. Create a labor protection fund in the amount of _______ rubles.

4. Certify the following workplaces˸ _____________.

5. Conduct training and testing of knowledge on labor protection within _____.

6. Organize medical examinations on time.

7. Provide

Timely issuance of workwear and personal protective equipment in accordance with standards;

Repair, drying, washing of workwear.

8. Provide workers engaged in work with harmful and dangerous working conditions with the following benefits and compensation˸

Preferential pension according to list No. 1 and No. 2;

Additional leave and shortened working hours;

Additional payment to the tariff rate for work with harmful and dangerous working conditions;

Milk and other products.

9. Establish a one-time cash benefit˸

In the event of the death of an employee _______ minimum wages;

If you receive a disability, _______ the minimum wage.

10. Introduce compulsory accident insurance.

11. Ensure working conditions and protection for women˸

Limit work at night;

Organize home work;

Provide workplaces for pregnant women.

12. Provide working conditions for young people˸

Exclude the work of persons under 18 years of age in heavy and dangerous work;

At the request of persons studying on the job, provide individual work schedules.

An integral part The collective agreement is an agreement on labor protection (Appendix 2).

Collective agreement and agreement on labor protection - concept and types. Classification and features of the category “Collective agreement and agreement on labor protection” 2015, 2017-2018.

Collective agreement - a legal act regulating labor, socio-economic and professional relations between the employer and employees at an enterprise, institution, or organization. This is a type of social partnership at the enterprise level. Consists in organizations regardless of their 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 partnership relations between the employer and employees, to mitigate the threat social conflict, provide favorable social infrastructure for workers.

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 the limits of their competence, which apply to employees of the bottom organization. They are accepted on the following questions:
  • - which are not regulated by law;
  • - if the legislation allows for further specification in the conditions of this production;
  • - if the legislation directly provides for a collective agreement procedure for regulating certain issues.
• 2) Information - norms of centralized legislation, which have not only regulatory, but also informational significance. 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 indicating the deadlines for their implementation and the executing entities responsible for their implementation.

A 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 by the conditions that constitute its content.

Occupational Safety and Health Agreement - the legal form of planning and carrying out labor protection measures, indicating the deadlines for implementation, sources of financing and those responsible for their implementation.

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

• - organizational events;
• - technical activities;
• - therapeutic, preventive and sanitary measures;
• - measures to provide personal protective equipment;

Fire safety measures.

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

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

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

• - bilateral;
• - tripartite;

Third Party Authority government controlled, if he is not the employer.

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

Participants in agreements are determined by the level of concluded agreements:

• 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 workers, taking into account the characteristics of the industry or territory. Provisions that may be contained in the agreement may be of an informational nature for collective agreements.

The agreement is concluded for a period of 1 to 3 years, the specific duration is determined by the parties. Comes into force on the date of signing or within the period established by the parties. Valid until a new agreement is adopted.

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

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.

A collective agreement obliges the employer to regulate the provision of certain benefits and advantages (increasing payments, establishing a reward system for achievements in work, regulating working hours, etc.) to certain categories of employees.

The legislation defines an approximate list of provisions that may be included in the contract. These are provisions on: labor organization, wage systems, working hours and rest periods; creating healthy and safe working conditions, improving health protection, guaranteeing social insurance for workers and their families, protecting environment; regulation of internal labor regulations and labor discipline; construction, maintenance and distribution of housing, social and cultural facilities; organization of sanatorium-resort treatment and recreation for employees and members of their families, etc.

The collective agreement applies to the employer and all employees on whose behalf it was concluded and is binding. All employees must be familiar with their current collective bargaining agreements and agreements. The terms and conditions of collective agreements are binding on the parties who entered into them. If they worsen legal status employees in comparison with current legislation and agreements, they are declared invalid.