Work in two (several) professions (positions) for one employer

In the process of organizing labor, almost every employer needs to entrust one employee with work in two or more professions (positions). This work can be either permanent or temporary.

This article discusses the procedure for formalizing labor relations and the relevant local regulatory legal acts in various cases when an employee performs work in two professions (positions).

Taking into account the norms of labor legislation, the performance of work by one employee in two (several) professions (positions) can be carried out within the framework of one labor agreement (contract), and under certain conditions, it is necessary to conclude two labor agreements (contracts) for each of the professions (positions).

Work in two professions (positions) within the framework of one labor agreement (contract).

According to the norms of the Labor Code of the Republic of Belarus (hereinafter referred to as the Code), work in two professions (positions) can be defined:

As one labor function directly at the conclusion of an employment contract (contract);

As the main one for one profession (position) provided for in the employment agreement (contract), and for another profession (position) it is entrusted to the employee as an additional one.

Consider what legislative norms apply in these cases and how the staffing table, employment contract (contract), order (instruction) for employment, job (work) instruction and work book (hereinafter referred to as documents) are drawn up.

1. The labor function for two professions (positions) is defined in one labor agreement (contract).

According to Article 1 of the Code, an employment contract is an agreement between an employee and an employer (employers), in accordance with which the employee undertakes to perform work in one or more certain professions, specialties or positions of appropriate qualifications in accordance with the staffing table.

In cases where the organization has such a type of work, the volume of which involves the introduction of an incomplete staff unit of a certain profession (position) into the staffing table, and there are several such professions (positions), it is rational to entrust the performance of these works to one employee within the framework of one employment contract (contract ).

Taking into account the norms of Article 19 of the Code, when concluding an employment contract for two professions (positions), the condition for working in two professions (positions) is mandatory and must be clearly defined in the job (work) instruction of the employee.

When hiring an employee for work in two professions (positions), he must have the appropriate qualifications for each of the professions (positions). With this in mind, the employee must submit to the employer documents on education and training confirming the right to perform work in each of the professions (clause 3 of Article 26 of the Code).

Depending on the characteristics of the organization of labor, the labor function for two professions (positions) for an employee can be provided in two versions, in which local regulatory legal acts regulating labor relations with such an employee are appropriately drawn up.

1 option. Work in each of the two professions (positions) is not delimited during the established working hours (duties in two professions (positions) are performed during the established working hours (shifts) unregulated). In this regard, the working time regime for each profession (position) is not established and, accordingly, the accounting of working time for each profession (position) is not carried out.

Labor relations are carried out in the same manner as when working in one profession (position). The following are examples of paperwork.

Staff schedule.

When introducing a staffing unit into the staffing table, which involves the performance of work in two professions (positions), it is necessary to be guided by the General Provisions of the Unified Tariff and Qualification Directory of Works and Professions of Workers (General Provisions of the ETCS), approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus (General Provisions ETKS), General Provisions of the Unified Qualification Directory of Employee Positions, approved by the Decree of the Ministry of Labor and social protection Republic of Belarus (General Provisions of the EKSD).

According to the General Provisions of the ETKS, the name of the worker's profession is established in strict accordance with the ETKS, and in the case when a worker performs work in different professions due to insufficient workload during working hours, the name of the worker's profession is established according to the main job, taking into account the largest specific weight of the work performed by him.

For example, in the staffing table, the name of the profession of a worker who is entrusted with the duties of a turner and miller can be set as “Miller” or “Turner”, depending on which profession works occupy the largest share in the functions performed. The double name of the profession is not allowed.

In accordance with the General Provisions of the EKSD, if an employee needs to perform two or more labor functions, the name of his position is established taking into account the largest proportion of work performed within a particular function.

Along with this, in exceptional cases, double job titles may be established for employees. The condition for the establishment of dual names is the presence of the components of these names in the national classifier "Professions of workers and positions of employees" and the availability of qualification characteristics in the EKSD, as well as the performance by employees within these labor functions of work (duties) that are related in content and equal in complexity within one specialties and qualifications.

So, for example, if an employee is entrusted with the duties of a legal adviser
and a human resources specialist, then the name of his position in the staff list can be set as “Legal Counsel” or “HR Specialist”.

It should be noted that it is not recommended to entrust one employee with duties specific to different categories of employees (for example, an engineer and a car repairman, a personnel specialist and a clerk), differing in content (for example, an accountant and an engineer), and varying in complexity (for example, engineer and technician).

The tariff rate (salary) of an employee in the staff list is established in relation to the profession (position) provided for in it.

For instance:

Employment contract (contract).

Consider the content of the employment agreement (contract) in terms of establishing the name of the profession (position), working hours and wage conditions.

1. Name of the profession (position).

The name of the main profession (position) is indicated in accordance with the staffing table.

In the relevant section of the employment agreement (contract) of an employee performing the functions of a legal adviser and a human resources specialist, the following entry may be made.

2. The employer concludes a contract with the position of legal adviser of the legal department for a period of 1 year from October 01, 2011 to September 30, 2011.

2. Working hours.

In the section of the employment agreement (contract) regulating the regime of working hours, the specified regime is determined in the same manner as for employees working in the same profession (position).

The total length of working time is established within the framework of the normal length of working time provided for by Articles 112-114 of the Code.

3. Terms of remuneration.

They are determined by the main profession (position) specified in the employment contract (contract).

The terms of remuneration can be defined as follows.

8. The following terms of remuneration are established for the employee:

1.4.5. environmental legislation;

1.4.6. fundamentals of economics, labor organization, production and management;

1.4.7. means of computer technology, communications and communications;

1.5. The Legal Counsel reports directly to the Head of the Legal and Human Resources Department.

2. Functions

The functions of the legal adviser are:

2.1. Ensuring the preparation of documents of the organization in accordance with the law.

2.2. Participation in activities to protect the interests of the organization in the judiciary.

2.3. Continuous professional development.

2.4. Implementation of personnel policy in the organization.

2.5. Providing the organization with qualified personnel.

2.6. Development of measures for the optimal placement of personnel.

3. Job responsibilities

The Legal Counsel has the following responsibilities:

3.1. Develops or takes part in the development of legal documents.

3.2. Provides methodological guidance for legal work in the organization, provides legal assistance to structural units and public organizations in the preparation and execution of legal documents, participates in the preparation of substantiated answers in case of rejection of claims.

3.3. Prepares, together with other departments of the organization, materials on violations of the law and other offenses, keeps records and stores pending and completed court and arbitration cases.

3.4. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline.

3.6. Prepares, together with other departments, proposals for changing existing or canceling orders and other regulations issued by the organization that have become invalid.

3.7. Participates in the preparation of opinions on legal issues arising in the activities of the organization, draft regulations submitted for review.

3.8. Advises employees of the organization on organizational, legal and other legal issues, prepares opinions, assists in the execution of documents and acts of a property-legal nature.

3.9. Performs work on staffing the organization with the required professions, specialties and qualifications.

3.10. Participates in the selection, selection, placement of personnel.

3.11. Takes part in the organization of work, methodological and informational support of qualification, attestation, competitive commissions, registration of their decisions.

3.12. Analyzes the state of labor discipline and the implementation by employees of the organization of the internal labor regulations, the movement of personnel, participates in the development of measures to reduce turnover and improve labor discipline.

3.13. Controls the timely registration of the admission, transfer and dismissal of employees, the issuance of certificates of their current and past labor activity, compliance with the rules for storing and filling out work books, preparing documents for establishing benefits and compensation, issuing pensions to employees and other established personnel documentation, as well as making the appropriate information in the data bank on the personnel of the organization.

4. Rights

The Legal Counsel has the right:

4.1. Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.

4.2. Within its competence, inform the head of the organization about all the shortcomings in the activities of the organization identified in the course of the performance of their duties and make proposals for their elimination.

4.4. Request personally or on behalf of the head of the organization from the heads of departments of the organization and other specialists information and documents necessary for the performance of his official duties.

4.5. Require the management of the organization to assist in the implementation of their duties and rights under this job description.

5. Responsibility

The Legal Counsel is responsible for:

5.1. For improper performance (failure to perform) of their official duties provided for by this job description - within the limits determined by labor legislation.

5.2. For offenses committed in the course of carrying out their activities - within the limits determined by administrative, criminal and civil legislation.

5.3. For causing material damage - within the limits determined by the current labor and civil legislation.

Head of the structural unit _________ _________________

(signature) (surname, initials)

AGREED

Head of the legal department

signature surname, initials

Head of the department of organization of labor and wages

_____________ ______________________

signature surname, initials

Familiarized with the instruction: __________ __________________

(signature) (surname, initials)

________________

Employment history.

In the employee's work book, an entry is made about employment by profession (position) indicated in the staff list and order.

Option 2. Work in two professions (positions) is delimited during the established working hours (duties for two professions (positions) are performed during the established working hours (shifts) are regulated), accounting of working time is carried out for each of them.

For example, the duties of an employee include the delivery of construction team workers to the site and the performance of the work of a bricklayer in this team during the working day. This employee has a working time regime with the division of the working day into parts: 7.00-8.00 and 17.- performance of the duties of a car driver; 8.00-12.00, 15 – mason work.

In such cases, the documents are drawn up as follows.

Staff schedule.

The staff list includes the names of two professions (positions), while the share of the staff unit is calculated based on the planned costs of working time for each of them.

In this case, an appropriate tariff rate (salary) is established for each profession (position). At the same time, both the monthly and hourly tariff rate (salary) can be indicated in the staffing table.

For instance:

Employment contract (contract).

1. Name of the profession (position)

The employment contract (contract) must contain the names of two professions (positions).

2. Working hours.

The length of working time is established within the framework of the normal length of working time provided for by Articles 112-114 of the Code.

At the same time, if the start and end time of work, the break time for rest and meals for each profession (position) are constant during the established working hours, then the terms of the employment contract (contract) indicate the working hours for each of the professions (positions) .

If for each of the professions (positions) it is impossible to determine a constant mode of working time for each profession (daily start and end time of work, break time for rest and meals), then a single mode of working time is indicated in the employment contract (contract).

3. The terms of remuneration (the size of the tariff rate (salary), allowances, additional payments, incentive payments) are determined in relation to each profession (position).

The employment contract must indicate that remuneration is made in proportion to the time actually worked for each profession (position).

The order of acceptance to work.

The order for employment indicates two professions (positions), as well as information on the share of the staff unit for each profession (position), the corresponding tariff rates (salaries), allowances, additional payments, and other payments established to the employee.

Order No.___

About hiring

Employ from 01.10.2011 as a driver of a car of the 2nd class (0.25 staff unit) with an hourly rate of ___ rub. and a bricklayer of the 4th category (0.75 staff units) with an hourly tariff rate of ___ rub. Pay for the actual hours worked for each profession.

Director

Job (working) instruction.

The job (work) instruction includes duties for two professions (positions).

See example ___ .

Employment history.

On the basis of an employment order, one entry is made in the work book of the employee, in which two professions (positions) of the corresponding qualification must be indicated.

2. Instruction to the employee additional work in another profession (position).

In addition to the work stipulated by the employment contract, the employer may additionally entrust the employee with duties in another profession (position) during the duration of the working day (shift) established by law. At the same time, the work provided for by the employment agreement (contract) will be the main one, and work in another profession (position) will be additional. In labor legislation, the performance of such work is considered as a combination of professions (positions), expansion of the service area, an increase in the volume of work performed, and the fulfillment of the duties of a temporarily absent employee.

The use of these forms of labor organization is aimed at optimizing the use of working time, reducing the number of employees, reducing wage costs, and increasing labor productivity.

Combination of professions (positions) is the performance by an employee, along with his main job, stipulated by an employment contract (contract), of additional work in another profession (position) (meaning another name of the profession (position).

Expansion of the service area (increase in the volume of work performed) is established for the performance, along with their main work, due to the employment contract (contract), of an additional amount of work in the same profession (position).

Fulfillment of the duties of a temporarily absent employee without exemption from the main job is the performance, along with one’s main job, of an additional amount of work by profession (position) of an employee who is absent due to illness (vacation, business trip, etc.) good reasons) when it retains workplace(position).

The main conditions under which the combination of professions is possible and economically justified are the presence of unused working time for the employee, due to the technological features of production, the combination in time and geographically of the performance of labor operations in the main and combined profession (position), the technological commonality of the work performed by the professions of workers, the equivalence of the labor functions of employees, the availability of the necessary level of qualification of the employee.

In addition, assignment to an employee of additional work, along with the performance during the established working day (shift) of the main work, stipulated by the employment contract, is allowed with the consent of the employee. This is due to the fact that, in accordance with Article 20 of the Code, it is prohibited to require an employee to perform work not stipulated by an employment contract, except as provided by law (temporary transfer to another job in case of production need, downtime).

According to Article 67 of the Code, employees who perform for the same employer, along with their main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the duration of the working day established by law ( work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equal in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

Staff schedule.

The combination of professions (positions), expansion of the service area (increase in the volume of work performed) is possible if there is a vacancy in the staffing table for the staff unit (its share) of the position (profession) for which additional work is assigned.

Employment contract (contract). Job (working) instruction.

Additional duties in another profession (position) may be entrusted to the employee both upon employment and subsequently. If these obligations are determined directly upon employment, then an entry is made in the relevant section of the employment agreement (contract) on the establishment of an additional payment for combining professions, expanding the service area (increasing the volume of work performed).

The assignment of additional duties in the course of labor relations is formalized by order and no amendments to the employment contract (contract) are made

In all cases, duties in another profession (position) are not included in the work (job) instruction of the employee for the main job, but are provided for in another administrative document (for example, in the order of the employer).

An order to entrust an employee with additional work in another profession (position).

An agreement between an employer and an employee on combining professions (positions), expanding the service area (increasing the volume of work performed), performing, along with the main job, the duties of a temporarily absent employee is drawn up by order (instruction) of the employer.

The order specifies:

Combined profession (position);

Additional conditions: service area, scope of work performed, functional responsibilities;

The amount of the surcharge;

The duration of the agreement.

With the order to impose on the employee additional duties of a temporarily absent employee, he must be familiarized against signature.

Order No.___

About assignment of duties

LAY IT

to Smirnova Tatyana Sergeevna, secretary of the receptionist of the head of the duty of the clerk in connection with the vacation of the clerk Tamara Nikolaevna Novitskaya (from 01.10.2011 to 20.10.2011) without exemption from the main work with an additional payment of 30% of the official salary for the time of actual fulfillment of the duties of the clerk.

Director

Acquainted with the order:

Head reception secretary

Employment history.

When assigning work in another profession (position), an additional entry is not made in the work book of the employee.

Work under two employment contracts (contracts) (part-time job).

Work for the same employer in two professions (positions) can be performed by one employee also under two employment contracts.

If the staff list includes the names of two (several) professions (positions) and the employer wishes to entrust the performance of work in each of these professions (positions) to one employee, then he can conclude two employment contracts with this employee - one for the main job, the other for collaborative work. At the same time, the conclusion of an employment agreement (contract) in combination is possible only if there is an employment agreement (contract) at the main place of work.

The conclusion of an employment agreement (contract) on a part-time basis is usually carried out in cases where the employer does not have the opportunity or is not advisable to hire an employee for a vacant position (profession) for whom this work would be the main one, due to the fact that the performance of part-time work Possibly part-time work.

In accordance with the first part of Article 343 of the Code, part-time employment is the performance by an employee, in his spare time from his main job, of another permanently paid job with the same or with another employer on the terms of an employment contract.

According to this definition, combination has the following features:

part-time work is performed by the employee in his free time from the main job;

part-time work is permanent (i.e. regular);

part-time work is paid;

an employment contract is concluded for the performance of part-time work;

the conclusion of an employment contract for the performance of part-time work is possible only if the employer has a vacant position.

At the same time, part-time work should be distinguished from the combination of professions and positions on the following grounds:

1) it can be both with the same employer and with another. Combination of professions - only with the employer for whom the employee works under an employment contract;

2) in another profession, when combining professions, it is carried out within normal working hours;

3) when combining professions, work is performed on the basis of one employment contract, combination of jobs is possible only when concluding another employment contract;

4) for part-time work, wages are accrued in proportion to the hours worked or for the work actually performed, and when combining professions, an additional payment is made to the employee.

When performing work on a part-time basis, the employee is fully covered by labor legislation both for the main and for combined work. In this regard, the execution of documents when hiring a part-time job is carried out in the same manner as for the main job.

However, distinctive feature the content of the employment contract (contract) and the order in this case is the need to indicate that the work is part-time.

Svetlana Georgievna Vasilevich,

Occupational safety instructions for professions and types of work is an integral part of labor protection, so we made this site a continuation of the engineer.rf blog.

The project was created to help managers and labor protection specialists, as well as persons responsible for safe work performance and labor protection. All instructions on labor protection by profession and type of work are provided absolutely free (without registration, sms, etc.).

Objective of the project– to give visitors to this site the largest selection of new instructions on labor protection in Runet by profession and type of work.

If there is no instruction on labor protection by profession or instruction on labor protection by type of work on the site, its authors are ready for a small fee develop instructions .

All instructions are distributed by economic sectors in the right menu. Also, the necessary instructions on labor protection by profession or type of work can be found using the smart search under the top menu of the site.

Chief Editor

Medvedeva Anna Yurievna,

labor protection specialist.

Higher professional education.

Over 16 years of experience in different areas: fuel transshipment base, Agriculture, a network of filling stations, housing and communal services, food production, shopping center etc.

For questions about the publication of instructions on labor protection by profession and type of work, please contact the e-mail address: [email protected]

Sincerely, the project team!

Question: The enterprise has job descriptions for engineers, there are also instructions for labor protection for working professions. Tell me, please, is it necessary to have job descriptions for working professions (work instructions)?

Answer: The legislation does not provide for the obligation of the employer to develop and apply job descriptions. In the Labor Code Russian Federation no mention of job descriptions. Moreover, at the federal level there is no single legal act establishing the procedure for their preparation. There are only separate departmental orders regulating the process of preparing a job description for an employee of the relevant department. The employer independently decides on the need to apply job descriptions, the execution and procedure for amending them.

Rostrud in Letter N 4412-6 dated October 31, 2007 "On the procedure for amending the job descriptions of employees" determined that the job description is an important document, the content of which is not only the employee's labor function, terms of reference, limits of responsibility, but also qualification requirements applied to the position. If the employment contract, as a rule, indicates only the labor function of the employee (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications), then in the job description in the "Job Responsibilities" section, the labor function is regulated in detail, the scope of the employee's duties is provided , scope of work, areas for which the employee is responsible, etc. Often job description is an annex to the employment contract, an integral part of it.

The concept of "job description" is typical for determining the content of the labor function performed by an employee replacing a certain position (Rostrud Letter dated November 24, 2008 No. 6234-TZ). Job descriptions for positions included in the relevant qualification handbooks are developed on the basis of the qualification characteristics specified in these handbooks.

For employees hired according to the professions of workers, to determine the content of the labor function performed, unified tariff and qualification reference books of work and professions of workers in the relevant industries are used. For example, the general provisions of the Unified Tariff and Qualification Handbook of Works and Professions of Workers of the National Economy of the USSR, approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of January 31, 1985 N 31 / 3-30, provided for the presence production (by profession) instructions which are widely used in the practice of regulation of labor relations.

1. GENERAL SAFETY REQUIREMENTS.

1.1 When hiring, the employer is obliged at his own expense to organize a preliminary medical examination, as well as periodic (during employment) medical examinations of employees engaged in hard work and work with harmful or dangerous working conditions or those where there is a need for professional selection, as well as an annual mandatory medical examination of persons under the age of 21.

1.2 When concluding an employment contract, the employer must inform the employee against receipt about working conditions, about the presence of dangerous and harmful production factors at his workplace that have not yet been eliminated, and possible consequences their impact on health and on the rights to benefits and compensation for working in such conditions in accordance with the law and the collective agreement.

1.3 It is prohibited to use the labor of women and minors (persons under the age of 18) in heavy work and in work with harmful or dangerous working conditions.

1.4 All employees undergo a mandatory introductory briefing on labor protection upon employment, as well as primary briefing at the workplace.

1.5 In the course of labor activity, the employee is obliged to comply with the internal labor regulations, know and comply with the requirements of labor protection regulations, the rules for handling machines, mechanisms, equipment and other means of production, use collective and personal protective equipment.

2. PERSONAL SAFETY RULES BEFORE WORKING STARTED.

2.1. When driving to work, from work and on the territory of the enterprise:

2.1.1. Walk only on sidewalks and footpaths, and where there are none, on the left side of the carriageway towards the movement of vehicles.

2.1.2. When approaching vehicles, without waiting for the driver's signal, give way to moving vehicles, cross the carriageway in the designated places, do not rush when crossing, make sure there are no vehicles on both sides.

2.1.3. When crossing railroad tracks, do not stand on the railheads, but step over them.

2.1.4. Do not jump onto the steps of a moving vehicle.

2.1.5. Go around the standing transport tram - in front; trolleybus and bus - behind.

2.1.6. Do not jump off the body or cab of the car, but exit carefully using folding ladders, steps or special car brackets.

2.1.7. Do not stand or walk under a raised load near cranes, hoists, overhead conveyors, where objects may fall from above.

2.1.8. Do not walk in light and open shoes in places where metal chips are formed or stored.

2.1.9. Follow and follow warning signs, road signs, and safety posters.

2.1.10 Do not bring or consume alcoholic beverages at work. Persons in a state of alcoholic or drug intoxication are not allowed to work and are removed from the territory of the enterprise with disciplinary liability.

2.1.11. While at the production site, do not press the starter buttons and knife-switch levers, switch keys, except in cases of emergency or the inevitability of an accident with people.

2.1.12. When passing near electric welding work, protect your eyes from damage by radiant energy.

2.1.13. In units where service dogs are used to guard the territory, it is strictly forbidden to approach the dogs.

2.1.14. Eat food in specially equipped rooms or in canteens and cafes. Wash your hands with soap before eating.

2.2 ELECTRICAL SAFETY REQUIREMENTS:

2.2.1. To avoid electric shock, do not touch bare wires, knife blades, electrical appliance cases, or other metal parts of electrical equipment.

2.2.2. Do not pick up fallen, broken wires, do not step on them, as they may be live.

2.2.3. Do not allow one worker to work in the room, as there is no one to help him if necessary.

2.3 GAS SAFETY REQUIREMENTS.

2.3.1 Do not allow unauthorized persons to be in the places of gas distribution and work with gas.

2.3.2 All work in the gas sector must be carried out according to orders - permits for the production of gas hazardous work and by at least two persons.

2.3.3 If you smell gas, turn off the equipment, leave the room and inform the work manager about it.

2.4 FIRE SAFETY REQUIREMENTS.

2.4.1 Smoking on the territory of the enterprise only in specially designated areas.

2.4.2 Do not use flammable liquids - flammable liquids and GZh - flammable liquids, where they are not provided for by the technological process, do not wash your hands and do not wash clothes in gasoline, acetone and other flammable liquids.

3 . SAFETY RULES IN THE WORKPLACE.

3.1 Obtain from the supervisor the task and instructions on safe methods and techniques for performing this work.

3.2 Follow the instructions for labor protection at your workplace.

3.3 Perform only those works that are assigned to you by the head of work on orders, orders or are provided for by job descriptions.

3.4 When performing work, be careful not to be distracted by extraneous affairs and conversations and do not distract others.

3.5 Do not perform work, the performance of which is associated with a danger to life.

3.6 In case of illness or bodily injury (injury), stop work, personally or through a workmate inform the foreman or another person in whose subordination you are and contact the first-aid post.

4. SAFETY REQUIREMENTS ON COMPLETION OF WORK.

4.1 Disconnect the equipment on which work was carried out from the mains and make sure that it has completely stopped.

4.2 Put the workplace in order in accordance with the instructions on labor protection at your workplace.

4.3 If there are used flammable and combustible liquids, drain them into a special container.

4.4 Take off your overalls and put them in the place provided for them, wash your hands and take a shower.

4.5 When leaving the workplace, turn off the local lighting.

5. SAFETY REQUIREMENTS IN EMERGENCY SITUATIONS.

5.1 Emergencies can arise from the impact of external factors (earthquake, hurricane, rainstorms), as well as from factors within the enterprise - ignition of flammable liquids, turning into a fire, explosion of pressure vessels or filled with vapors of explosive substances and mixtures, short circuit of current-carrying conductors, with subsequent ignition, turning into a fire; breakdowns of equipment with rotating or rapidly moving elements; and other factors that may arise due to a malfunction of equipment, devices, tools or from violation of instructions, rules for their operation.

5.2 To avoid emergencies inside the enterprise, each employee is obliged to strictly comply with the internal regulations and safety requirements set out in the labor protection instructions for each

profession or type of work, and in the event of an emergency, act as indicated below.

5.3 In emergency situations, the consequence of which was the destruction of the building or the formation of cracks, the employee is obliged to leave the emergency room, threatening the collapse of the ceiling or walls.

21.08.2019 12:50:00

There are quite a few professions and jobs in which certain safety measures must be observed. And the employer should teach such measures to employees. And for this it is necessary to develop a lot of instructions, which is one of the obligations of employers established by the Labor Code. However, such instructions are by no means available in all organizations, and sometimes they are, but they were adopted, as they say, under Tsar Pea. In the article we will tell you how and by whom instructions on labor protection are developed, how they are approved, what should be included and where to be stored.

By virtue of Art. Art. 212 and 225 of the Labor Code of the Russian Federation, the obligation to ensure safe conditions and labor protection lies with the employer. To this end, he must first of all instruct employees on labor protection, organize training in safe methods and techniques for performing work, provide employees with protective equipment, overalls, etc.

And of course, like any other norms, all safety and labor protection rules in a single organization must be fixed in local regulations. The obligation to develop and approve the rules and instructions on labor protection for employees, along with other obligations of the employer, is directly enshrined in Art. 212 of the Labor Code of the Russian Federation.

And now let's figure it out. But first, we note that the Ministry of Labor approved the Guidelines for the development of instructions for labor protection on May 13, 2004 (hereinafter referred to as the Recommendations), which we will refer to further.

QUESTION:

What instructions on labor protection should be in the organization and are they needed for each employee?

Labor protection instructions are drawn up for each position, profession or type of work performed. For example, according to the position (profession), these can be “Instruction on labor protection for a loader driver”, “Instruction on labor protection for a welder”; according to the type of work performed - "Instruction on labor protection when performing loading and unloading operations", "Instruction on labor protection during sports events", "Instruction on working with a computer". These may not be instructions, but rules, for example, "Rules for working with copiers." Such acts apply to a group of employees engaged in one type of work.

In addition to instructions on the position (profession) and types of work, there may be instructions that apply to all employees of the organization, for example, “Instruction on fire safety”.

The legislation does not require that instructions be developed for each employee. This document should be developed for each position (profession), and then it will apply to all employees holding such positions.

QUESTION:

What can be used as a basis for the development of labor protection instructions?

An instruction on labor protection for an employee is developed on the basis of an intersectoral or industry standard instruction or labor protection rules. For example, Order No. 213 of December 23, 1998 of Rosleskhoz approved the Standard Instructions on Labor Protection for the main professions and types of work in forestry. For some industries, the Ministry of Labor has developed separate Methodological Recommendations, for example, on the development of labor protection instructions for the main professions and types of work in furniture production (dated 05/11/2004), for workers engaged in consumer services (dated 05/18/2004).

If there are no standard instructions, the employer develops them independently, guided by the safety requirements set forth in the operational and repair documentation of equipment manufacturers, the technological documentation of the organization, sanitary and hygienic rules. The working conditions characteristic of the relevant position or job are also taken into account.

QUESTION:

Which of the employees of the organization can the employer entrust the development of instructions? Should an occupational safety specialist do this?

According to part 2 of Art. 212 of the Labor Code of the Russian Federation, the employer must ensure the development and approval of labor protection instructions. But as to who exactly the employer should impute this labor function, no recommendations are given. Many believe that this should be the responsibility of an occupational safety specialist.

However, in accordance with professional standard"Specialist in the field of labor protection", approved by the Order of the Ministry of Labor of Russia dated 04.08.2014 No. 524n, the labor function of such a specialist, in particular, includes:

interaction with representative bodies of employees on issues of working conditions and labor protection and coordination of local documentation on labor protection issues;
revision of local regulations on labor protection issues in the event that new ones come into force or amendments are made to existing acts containing labor law norms;
providing methodological assistance to managers structural divisions in the development of training programs for employees in safe labor methods and techniques, instructions on labor protection.

If you are guided by this Professional Standard, the development of labor protection instructions for positions and types of work should be entrusted to the heads of departments (divisions), since it is they who have complete information about the labor functions of their subordinates, and the labor protection inspector assists in such development. You can also connect the legal department and the human resources department to it. In addition, as a rule, the already developed draft instruction is officially coordinated with the labor protection inspector.

Note! Whichever employee is involved in the development of instructions, this task should be included in his official duties(in the employment contract, job description).

QUESTION:

What should I pay attention to when developing instructions?

When compiling an instruction on labor protection, it is recommended to adhere to the structure, established by the Recommendations, in particular include the following sections and paragraphs.

one. " General requirements labor protection". This section recommends that:

instructions on the need to comply with internal regulations;
requirements for the implementation of work and rest regimes;
a list of hazardous and harmful production factors that may affect the employee in the course of work;
a list of overalls, footwear and other personal protective equipment issued to employees in accordance with established rules and regulations;
the procedure for notifying the administration of cases of injury to an employee and malfunction of equipment, fixtures and tools;
personal hygiene rules that an employee must know and follow when performing work.

2. "Requirements for labor protection before starting work." In this section, you can set out the order:

preparation of the workplace, personal protective equipment;
checking the serviceability of equipment, fixtures and tools, fences, alarms, interlocks and other devices, protective grounding, ventilation, local lighting, etc.;
checks of raw materials (blanks, semi-finished products);
reception and transfer of shifts in the case of a continuous technological process and equipment operation.

methods and techniques for the safe performance of work, the use of equipment, vehicles, lifting mechanisms, fixtures and tools;
requirements for the safe handling of raw materials (raw materials, blanks, semi-finished products);
instructions for the safe maintenance of the workplace;
actions aimed at preventing emergency situations;
requirements for the use of personal protective equipment for workers.

4. "Requirements for labor protection in emergency situations." Need to reflect:

a list of the main possible emergencies and their causes;
actions of employees in the event of accidents and emergencies;
actions to provide first aid to victims of injury, poisoning and other health damage.

5. "Requirements for labor protection at the end of work." This section specifies:

the procedure for shutting down, stopping, disassembling, cleaning and lubricating equipment, fixtures, machines, mechanisms and equipment;
the procedure for cleaning up waste generated in the course of production activities;
personal hygiene requirements;
the procedure for notifying the head of work about deficiencies affecting labor safety discovered during work.

QUESTION:

What is the procedure for developing and approving labor protection instructions?

The procedure for developing and approving instructions begins with the issuance of an order by the head of the organization, which determines the list of instructions, employees responsible for the development and deadlines. Here is an example of such an order.

(OOO Visma)

ORDER

30.12.2015 № 125

Moscow

"On the development of instructions for labor protection"

Based on Art. 212 of the Labor Code of the Russian Federation

I ORDER:

1. Head of the Sales Department Galkin V.M., Head of the Purchasing Department Sorokin M.V., Warehouse Manager Voronin P.T. by February 15, 2016, develop draft instructions on labor protection for employees of all positions, professions and specialties according to the staffing table in the relevant structural unit and the list of professions and positions (Appendix No. 1).

2. By February 28, 2016, the employees specified in paragraph 1 of this order must agree on draft instructions with the legal adviser Vorobyova S.N. and labor protection specialist Petukhova L.N.

3. In the period up to 03/04/2016, the labor protection specialist Petukhova L.N. send draft instructions to the trade union of employees of Visma LLC to obtain a motivated opinion.

4. In the period up to 03/17/2016, the labor protection specialist Petukhova L.N. submit instructions for approval.

5. I reserve control over the execution of the order.

Familiarized with the order:

Head of Sales Galkin/Galkin V.M./

For your information. The procedure for developing labor protection instructions can also be established by a local act of the organization.

The instruction should be coordinated with a labor protection specialist, and, if necessary, with other officials, departments.

Prior to the approval of the instructions by the head, it is necessary to carry out the procedure for taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation. If there is such a body, the draft instruction is sent to it for approval. Not later than five working days from the date of receipt of the project, the trade union sends the employer a reasoned opinion on the project in writing. If the opinion of the trade union does not contain agreement with the draft instruction or contains proposals for its improvement, the employer may agree or, within three days after receiving such an opinion, conduct additional consultations with the trade union in order to reach a mutually acceptable solution. If agreement is not reached, disagreements are drawn up in a protocol, after which the employer has the right to accept the instruction. In turn, the trade union may appeal this act to the labor inspectorate or to the court, or initiate the procedure of a collective labor dispute in the manner prescribed by the Labor Code. If the trade union agrees, a corresponding mark is made on the title page of the instruction.

For your information. The title page of the labor protection instruction for employees is recommended to be drawn up in accordance with Appendix 1 to the Recommendations.

The instruction should be numbered, stitched and sealed with the seal of the organization (if any). Although such a requirement for registration has not been established, it is better to do this so that the regulatory authorities do not have unnecessary questions. The instructions are approved and put into effect by the order of the head, on their title page the head puts down the stamp “I approve”, the date and signature. Here is an example of such an order.

Limited Liability Company "Visma"
(OOO Visma)

ORDER

18.03.2016 № 9

Moscow

"On approval and implementation of labor protection instructions for employees"

Based on Art. 212 of the Labor Code of the Russian Federation and clause 4 methodological recommendations on the development of labor protection instructions approved by the Russian Ministry of Labor on 13.05.2004.

I ORDER:

1. Approve labor protection instructions for employees, taking into account the reasoned opinion of the trade union Visma LLC, in accordance with the list of instructions (two copies).

2. To put into effect the instructions on labor protection from 03/21/2016.

3. To the head of the sales department Galkin V.M., the head of the purchasing department Sorokin M.V., the head of the warehouse Voronin P.T. no later than two working days:

- transfer the instructions for registration in the register of instructions to the labor protection specialist Petukhova L.N., while leaving one copy for storage in the labor protection service, the second for storage in the relevant structural unit;
- familiarize the employees of their departments with the instructions against signature and provide the employees with copies of the instructions;
- ensure proper storage of the second copies of the instructions in the departments.

4. Labor protection specialist Petukhova L.N. ensure proper storage of instructions in the labor protection service.

5. The control of the execution of the order shall be assigned to the labor protection specialist L.N. Petukhova.

General Director Pavlinov /V.V. Pavlinov/

Familiarized with the order:

Head of Sales Department Galkin /Galkin V.M./

Head of Procurement Department Sorokin /Sorokin M.V./

Warehouse manager Voronin /Voronin P.T./

Labor protection specialist Petukhova /Petukhova L.N./

QUESTION:

Where should instructions be kept?

As a rule, the employer approves several copies of the instructions, which the labor protection service registers in a special register of labor protection instructions for employees (in the form of Appendix 2 to the Recommendations).

At the same time, one copy is kept in the labor protection service, while others are issued to the heads of structural divisions of the enterprise organization with their mandatory registration in the register for issuing labor protection instructions for employees (in the form of Appendix 3 to the Recommendations). If there is only one copy, the heads of departments are given a copy.

Employees who are subject to the provisions of the instruction must be familiarized with it against signature. For this, an acquaintance sheet is compiled or a special journal is started. In addition, copies of the instructions should be made and issued against signature to employees or placed in electronic or printed form in an accessible place for review.

Note! The employer is obliged to familiarize employees with labor protection instructions when hiring, transferring to another place of work, conducting labor protection briefings and retraining, reviewing or adopting new instructions.

QUESTION:

What is the validity period of labor protection instructions?

The validity of the labor protection instruction is five years. Rather, according to the Recommendations, after five years, the instructions should be reviewed. Their validity may be extended if the working conditions of employees have not changed over the past period, inter-sectoral and sectoral rules have not been revised and sample instructions on labor protection. The extension of the instruction is carried out by order of the employer, which is recorded on the first page of the instruction, namely, the current date, the “Revised” mark and the signature of the person responsible for the revision of the instruction, indicating his position and decoding the signature. It also indicates the period for which the instruction is extended.

If before the expiration of the five-year period of validity of the labor protection instructions, the working conditions of employees have changed or the intersectoral and sectoral rules and standard labor protection instructions have been revised, the labor protection instructions for employees must be reviewed by the employer ahead of schedule and, if necessary, new ones are approved. It is also necessary to revise the instructions ahead of schedule during implementation. new technology and technology, based on the results of the analysis of the materials of the investigation of accidents, accidents at work and occupational diseases, as well as at the request of representatives of the State Inspectorate. Speaking about the validity period of the instruction, we note that the Recommendations allow the development of temporary instructions on labor protection for employees of new and reconstructed production facilities that are being put into operation. Temporary labor protection instructions for employees ensure the safe conduct of technological processes (works) and the safe operation of equipment. They are developed for a period until the acceptance of these productions into operation.

CONCLUSION

Let us briefly recall the procedure for developing and adopting labor protection instructions for employees. First of all, the employer should determine the list of positions (professions) and types of work for which there are no instructions on labor protection or for which their revision is required. Then the employees responsible for the development and coordination of instructions are established. If the organization has a trade union, do not forget to take into account its opinion. The agreed project is approved and registered in the instruction register. And the final stage is familiarization with the approved instructions of employees and ensuring their storage.

We also note that since the obligation to develop labor protection instructions for employees is provided for by labor legislation, if it is not fulfilled, the employer may be held administratively liable. Therefore, this issue should not be neglected. Without delay, check if you have labor protection instructions for all positions (professions) - if not, they need to be developed, and if there are, they may need to be revised.