They labor or otherwise provided. What is Worker's Compensation

20.01.2022

165. Cases of granting guarantees and compensations

In addition to the general guarantees and compensations provided for by this Code (guarantees for employment, transfer to another job, wages, etc.), employees are provided with guarantees and compensations in the following cases:

when sent on business trips;

when moving to work in another area;

in the performance of state or public duties;

when combining work with education; (As amended by Federal Law No. 185-FZ of July 2, 2013)

in case of forced termination of work through no fault of the employee;

when granting annual paid leave;

in some cases, termination of the employment contract;

due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

When providing guarantees and compensations, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (juries, donors, members of election commissions, and others) make payments to the employee in the manner and on the terms provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation . In these cases, the employer releases the employee from the main work for the period of performance of state or public duties. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Chapter 24

Article 166. The concept of a business trip

A business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.

Features of sending employees on business trips are established in the manner determined by the Government of the Russian Federation. (Part two was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 167. Guarantees when sending employees on business trips

When an employee is sent on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip.

Article 168. Reimbursement of expenses related to a business trip

In case of sending on a business trip, the employer is obliged to reimburse the employee:

travel expenses;

additional expenses associated with living outside the place of permanent residence (per diem);

other expenses incurred by the employee with the permission or knowledge of the employer.

The procedure and amount of reimbursement of expenses associated with business trips to employees who have concluded an employment contract for work in federal state bodies, employees of state non-budgetary funds of the Russian Federation, federal state institutions are determined by regulatory legal acts of the Government of the Russian Federation. (Part two as amended by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses associated with business trips to employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local governments, employees of municipal institutions are determined, respectively, by the regulatory legal acts of state bodies. authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. (Part three was introduced by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses associated with business trips to employees of other employers are determined by a collective agreement or a local regulatory act, unless otherwise established by this Code, other federal laws and other regulatory legal acts of the Russian Federation. (Part four was introduced by Federal Law No. 55-FZ of April 2, 2014)

Article 168.1. Reimbursement of expenses related to business trips of employees whose permanent work is carried out on the road or has a traveling character, as well as work in the field, expeditionary work

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

For employees whose permanent work is carried out on the road or has an itinerant nature, as well as employees working in the field or participating in expeditionary work, the employer compensates for the following related to business trips:

travel expenses;

the cost of renting a dwelling;

additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);

other expenses incurred by employees with the permission or knowledge of the employer.

The amount and procedure for reimbursement of expenses related to business trips of employees specified in part one of this article, as well as the list of works, professions, positions of these employees are established by a collective agreement, agreements, local regulations. The amount and procedure for reimbursement of these expenses may also be established by the employment contract.

Article 169. Reimbursement of expenses when moving to work in another locality

When an employee moves, by prior agreement with the employer, to work in another locality, the employer is obliged to reimburse the employee:

expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

expenses for settling in a new place of residence.

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in federal state bodies, employees of state non-budgetary funds of the Russian Federation, federal state institutions are determined by regulatory legal acts of the Government of the Russian Federation. (Part two as amended by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local governments, employees of municipal institutions are determined accordingly by the regulatory legal acts of the bodies state power of the constituent entities of the Russian Federation, regulatory legal acts of local governments. (Part three was introduced by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees of other employers are determined by a collective agreement or a local normative act or by agreement of the parties to an employment contract, unless otherwise established by this Code, other federal laws and other regulatory legal acts of the Russian Federation. (Part four was introduced by Federal Law No. 55-FZ of April 2, 2014)

Chapter 25

Article 170

The employer is obliged to release the employee from work with the preservation of his place of work (position) for the period of his performance of state or public duties in cases where, in accordance with this Code and other federal laws, these duties must be performed during working hours. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The state body or public association that involved the employee in the performance of state or public duties, in the cases provided for by part one of this article, shall pay compensation to the employee for the time of performance of these duties in the amount determined by this Code, other federal laws and other regulatory legal acts of the Russian Federation or by decision of the relevant public association. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 171. Guarantees for employees elected to trade union bodies and labor dispute commissions

Guarantees for employees elected to trade union bodies and not released from the performance of labor duties, and the procedure for dismissal of these employees are determined by the relevant sections of this Code.

Members of commissions on labor disputes shall be given free time from work to participate in the work of the said commission while maintaining their average earnings.

The procedure for dismissal of employees elected to labor dispute commissions is determined by Article 373 of this Code.

Article 172

Guarantees for employees released from work as a result of their election to elective positions in state bodies, local self-government bodies are established by federal laws and laws of the constituent entities of the Russian Federation that regulate the status and procedure for the activities of these persons. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Chapter 26

Article 173

(As amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study and successfully master these programs, the employer provides additional leave with the preservation of average earnings for: (as amended by Federal Law of 02.07.2013 N 185-FZ)

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days); (As amended by Federal Law No. 185-FZ of July 2, 2013)

passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education mastered by the employee; (As amended by Federal Law No. 185-FZ of July 2, 2013)

employees admitted to entrance examinations - 15 calendar days; (As amended by Federal Law No. 185-FZ of July 2, 2013)

employees - listeners of preparatory departments of educational organizations of higher education for passing the final certification - 15 calendar days; (As amended by Federal Law No. 185-FZ of July 2, 2013)

employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying work and passing final state exams - four months, for passing the final state exams - one month. (As amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who successfully complete state-accredited bachelor's, specialist's or master's degree programs in part-time education are paid once per academic year by the employer for travel to and from the location of the relevant educational organization. (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are mastering state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. (As amended by Federal Law No. 185-FZ of July 2, 2013)

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract. (As amended by Federal Law No. 185-FZ of July 2, 2013)

Article 173.1. Guarantees and compensations for employees who combine work with higher education - training of highly qualified personnel

(introduced by Federal Law No. 185-FZ of July 2, 2013)

Employees who are studying programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), residency programs and assistantship-internship programs for correspondence courses are entitled to:

additional annual leave at the place of work lasting 30 calendar days with the preservation of average earnings. At the same time, the time spent on travel from the place of work to the place of training and back is added to the annual additional leave of the employee, while maintaining the average earnings. The specified travel is paid by the employer;

one free day from work per week with payment in the amount of 50 percent of the wages received. The employer has the right to provide employees at their request in the last year of study no more than two additional free days from work per week without pay.

Employees who are studying programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), as well as persons who are applicants for the degree of candidate of science, are also entitled to provide them with an annual additional leave of three months at their place of work to complete a dissertation for the degree of candidate of science while maintaining average earnings.

Article 174

(As amended by Federal Law No. 185-FZ of July 2, 2013)

For employees who successfully master state-accredited educational programs of secondary vocational education in part-time and part-time forms of education, the employer provides additional leave with the preservation of average earnings for:

passing intermediate certification in the first and second courses - 30 calendar days each, in each of the subsequent courses - 40 calendar days each;

passing the state final certification - up to two months in accordance with the curriculum of the educational program of secondary vocational education mastered by the employee; (As amended by Federal Law No. 185-FZ of July 2, 2013)

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 10 calendar days; (As amended by Federal Law No. 185-FZ of July 2, 2013)

employees who are mastering state-accredited educational programs of secondary vocational education in full-time education and combining education with work, for passing intermediate certification - 10 calendar days in the academic year, for passing the state final certification - up to two months. (As amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are studying state-accredited educational programs of secondary vocational education in part-time education, once in the academic year, the employer pays for travel to the location of the educational organization and back in the amount of 50 percent of the fare. (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees mastering state-accredited educational programs of secondary vocational education in part-time and part-time forms of education, within 10 academic months before the start of passing the state final certification, are set, at their request, a working week, reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. (As amended by Federal Law No. 185-FZ of July 2, 2013)

By agreement of the parties to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day (shift) during the week.

Guarantees and compensations for employees who combine work with education in educational programs of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract. (As amended by Federal Law No. 185-FZ of July 2, 2013)

Article 175

Article 176

(As amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who successfully master state-accredited educational programs of basic general or secondary general education in part-time education, the employer provides additional leave with the preservation of average earnings to pass the state final certification for the educational program of basic general education for a period of 9 calendar days, according to the educational program secondary general education for a period of 22 calendar days.

Employees who are mastering state-accredited educational programs of basic general or secondary general education in part-time and part-time education, during the academic year, at their request, a working week is established, reduced by one working day or by the number of working hours corresponding to it (with a reduction in the working day ( shifts) during the week). During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Guarantees and compensations for employees who combine work with the development of educational programs of basic general or secondary general education that do not have state accreditation in part-time and part-time education are established by a collective agreement or an employment contract.

Article 177

(As amended by Federal Law No. 185-FZ of July 2, 2013)

Guarantees and compensations for employees who combine work with education are provided when they receive an education of the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a vocational education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or apprenticeship agreement concluded between the employee and the employer in writing. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

The additional holidays provided for in Articles 173-176 of this Code may be supplemented by annual paid holidays by agreement between the employer and the employee.

An employee who combines work with education at the same time in two organizations engaged in educational activities, guarantees and compensations are provided only in connection with education in one of these organizations (at the choice of the employee). (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

The form of the certificate-call, which gives the right to provide guarantees and compensations to employees who combine work with education, is approved by the federal executive body responsible for developing state policy and legal regulation in the field of education. (Part four was introduced by Federal Law No. 185-FZ of July 2, 2013)

Chapter 27

Article 178. Severance pay

Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or the reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid a severance pay in the amount of the average monthly earnings, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). (As amended by Federal Law No. 90-FZ dated June 30, 2006)

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

Severance pay in the amount of two weeks of average earnings is paid to the employee upon termination of the employment contract due to:

the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer's lack of an appropriate job (paragraph 8 of part one of Article 77 of this Code);

conscription of an employee for military service or sending him to an alternative civilian service that replaces it (paragraph 1 of part one of Article 83 of this Code);

reinstatement at work of an employee who previously performed this work (paragraph 2 of part one of Article 83 of this Code);

the refusal of the employee to transfer to work in another locality together with the employer (paragraph 9 of the first part of Article 77 of this Code);

recognition of an employee as completely incapable of working in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code);

refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (paragraph 7 of the first part of Article 77 of this Code). (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract or a collective agreement may provide for other cases of payment of severance benefits, as well as establish increased amounts of severance benefits, with the exception of cases provided for by this Code. (as amended by Federal Law No. 56-FZ of April 2, 2014)

Article 179

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When reducing the number or staff of employees, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

With equal labor productivity and qualifications, preference in leaving at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood); persons in whose family there are no other self-employed workers; employees who received an industrial injury or occupational disease during the period of work with this employer; invalids of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; employees who improve their skills in the direction of the employer on the job. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The collective agreement may provide for other categories of workers enjoying the preferential right to remain at work with equal labor productivity and qualifications. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 180

When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

In the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, an agreement. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 181

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In case of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with the change of ownership of the organization's property, the new owner is obliged to pay compensation to the specified employees in the amount of not less than three times the average monthly earnings of the employee, except for the cases provided for by this Code. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 56-FZ of 02.04.2014)

Article 181.1. Severance pay, compensation and other payments to employees in certain cases of termination of employment contracts

(introduced by Federal Law No. 56-FZ of April 2, 2014)

A collective agreement, agreements, local regulations, labor contracts or decisions of the employer, authorized bodies of a legal entity, as well as the owner of the property of the organization or persons (bodies) authorized by the owners cannot provide for the payment of severance pay, compensations to employees and (or) the appointment of any or other payments in any form in cases of dismissal of employees on grounds that relate to disciplinary sanctions (part three of Article 192 of this Code), or termination of employment contracts with employees on the grounds established by this Code, other federal laws, if this is associated with the commission by employees of guilty action (inaction).

Chapter 28. OTHER GUARANTEES AND COMPENSATIONS

Article 182. Guarantees when transferring an employee to another lower-paid job

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When transferring an employee who, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, needs to be provided with another job, to another lower-paid job, this employer retains the average earnings from his previous job for one month from the date of transfer, and in case of transfer in connection with a labor injury, occupational disease or other damage to health associated with work, until a permanent loss of professional ability to work is established or until the employee recovers. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 157-FZ of 22.07.2008)

Article 183. Guarantees for an employee in case of temporary disability

In the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The amount of benefits for temporary disability and the conditions for their payment are established by federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 184

In case of damage to health or in case of death of an employee due to an accident at work or an occupational disease, the employee (his family) shall be compensated for his lost earnings (income), as well as additional expenses related to damage to health for medical, social and professional rehabilitation or appropriate expenses in connection with the death of an employee.

The types, volumes and conditions for granting guarantees and compensations to employees in these cases are determined by federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 185. Guarantees for employees sent for medical examination

For the duration of the medical examination, employees who are required to undergo such an examination in accordance with this Code shall retain their average earnings at the place of work. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 317-FZ of 25.11.2013)

Article 186

On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. (as amended by Federal Law No. 317-FZ of November 25, 2013)

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest. (as amended by Federal Law No. 421-FZ of December 28, 2013)

In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this. (as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 187

(As amended by Federal Law No. 185-FZ of July 2, 2013)

When an employer sends an employee to vocational training or additional vocational education with a break from work, he retains his place of work (position) and the average salary at the main place of work. Employees sent for vocational training or additional vocational education away from work in another area are paid travel expenses in the manner and in the amount that are provided for persons sent on business trips. (As amended by Federal Law No. 185-FZ of July 2, 2013)

Article 188. Reimbursement of expenses when using personal property of an employee

When an employee, with the consent or knowledge of the employer and in his interests, uses personal property, the employee is paid compensation for the use, wear (depreciation) of the tool, personal transport, equipment and other technical means and materials belonging to the employee, as well as reimbursed for the costs associated with their use. The amount of reimbursement of expenses is determined by the agreement of the parties to the employment contract, expressed in writing.

Devyatov I.N.

The editors continue to acquaint managers, accountants, lawyers and personnel officers with the main provisions of the new Labor Code of the Russian Federation. The materials will be given in the form of comments, explanations and examples of practical use, as well as in comparison with the previous Labor Code of the Russian Federation.

Section VII "Guarantees and compensations" is devoted to the system of guarantees and compensations in the new Labor Code of the Russian Federation.

At the same time, under the guarantees of the Labor Code of the Russian Federation, we understand the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured, and under compensations, directly cash payments established in order to reimburse employees for the costs associated with the performance of their labor or other obligations under federal law.

The Labor Code of the Russian Federation highlights the following guarantees and compensations (Article 165):

* when sent on business trips;

* when moving to work in another area;

* in the performance of state or public duties;

* when combining work with education;

* in case of forced termination of work through no fault of the employee;

* when granting annual paid leave;

* in some cases, termination of the employment contract;

* due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

* in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

At the same time, it should be noted that, unlike the previous Labor Code of the Russian Federation, the new Code links the provision of guarantees and compensation exclusively with the labor relations of an employee with an employer. Therefore, if guarantees and compensation are to be provided under the concluded contract, then the corresponding payments are made from the employer's funds. If the employee performs state or public duties, donates blood for a fee, then the corresponding payments must be made by the bodies in whose interests such actions are performed. The employer in such cases, for his part, only releases the employee from the performance of labor duties (Article 165 of the Labor Code of the Russian Federation) without making any payments, even average earnings.

Thus, the previously valid Article 111 of the Labor Code of the Russian Federation, which guaranteed the employee the preservation of average earnings for the duration of the performance of state or public duties, has completely lost its practical force with the adoption of the new Labor Code of the Russian Federation, and therefore the average wage from the employer’s funds should not be paid upon the departure of employees during business hours for:

1) exercising the right to vote;

2) the participation of deputies in sessions of the Soviets of People's Deputies, and in cases established by law, in the performance of other deputy duties;

3) appearing on a summons to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, translator, witness, as well as participation in court hearings as people's assessors, public prosecutors and public defenders, representatives of public organizations and labor collectives;

4) participation in the work of commissions for the appointment of pensions and medical and labor expert commissions (VTEK) as members of these commissions allocated by trade union organizations;

5) appearing on a call to the commission for the appointment of pensions as witnesses to testify about the length of service;

6) participation of members of voluntary fire brigades in the elimination of a fire or an accident;

7) performance of other state or public duties - in cases provided for by law.

The payment of average earnings must be made by the party that called the employee, and the employer releases the employee from work during the absence (see article 170 of the Labor Code of the Russian Federation).

Guarantees for sending employees on business trips. When sending employees on business trips, they retain their place of work (position), as well as average earnings (Article 167 of the Labor Code of the Russian Federation), in accordance with the established procedure.

In addition, the employer reimburses the following travel expenses (Article 168 of the Labor Code of the Russian Federation): travel expenses; the cost of renting a dwelling; additional expenses associated with living outside the place of permanent residence (per diem); other expenses incurred by the employee with the permission or knowledge of the employer.

It is noteworthy that, according to the Labor Code of the Russian Federation, the procedure and amount of reimbursement of expenses associated with business trips are determined by a collective agreement or a local regulatory act of the organization, and such amounts of reimbursement cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget.

Reimbursement of expenses when moving to work in another area. When an employee moves, by prior agreement with the employer, to work in another locality, the latter is obliged to reimburse (Article 169 of the Labor Code of the Russian Federation):

* expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

* expenses for settling in a new place of residence.

As you can see, the list of reimbursable expenses did not include a one-time allowance for the employee himself and for each moving family member, as well as wages for the days of collection on the road and accommodation at a new place of residence, but not more than 6 days, as well as for the time travel, previously provided for by Article 116 of the Labor Code of the Russian Federation and Resolution of the Council of Ministers of the USSR of July 15, 1981 N 677 "On guarantees and compensation when moving to work in another area."

However, Article 169 of the Labor Code contains such a voluminous concept as the costs of settling in a new place of residence, which may well include the costs given in the previous paragraph.љ

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget (prior to the publication of new regulations, according to the author, the provisions of the Resolution of the Council of Ministers of the USSR dated July 15, 1981 N 677).

Guarantees and compensations for employees who combine work with training. If the previously effective Labor Code of the Russian Federation did not actually operate in a number of guarantees and compensations provided to employees combining work with training, then the new Labor Code of the Russian Federation incorporated all currently valid types, cases and conditions for providing guarantees and compensations.

It should be noted that, as before, guarantees and compensations in the general case (unless otherwise provided by the contract between the employee and the employer) can only be provided to persons studying in state-accredited educational institutions, and only to persons who are successfully studying.

If all this takes place, then the employer is obliged to provide the benefits established by law. In this case, it does not matter whether the employee acted (acts) independently or was sent by the employer.

In addition, it should be borne in mind that benefits are provided subject to obtaining an education of the appropriate level for the first time.

An employee who combines work with studying at two educational institutions at the same time is granted benefits only in connection with studying at one of these educational institutions at the choice of the employee (Article 177 of the Labor Code of the Russian Federation).

Persons studying in higher educational institutions are provided with the following benefits (Article 173 of the Labor Code of the Russian Federation):

1) additional leave in connection with studies while maintaining average earnings for:

* passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);

* preparation and defense of the final qualifying work and passing the final state exams - four months;

* employees admitted to entrance examinations to educational institutions of higher professional education - 15 calendar days;

* employees - students of preparatory departments of educational institutions of higher professional education to pass final exams - 15 calendar days;

* employees studying in state-accredited educational institutions of higher professional education in full-time education, combining study with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

3) љ payment to employees studying in correspondence form of education, the cost of travel to the location of the relevant educational institution and back once a school year;

4) a reduced working week by 7 hours for a period of ten academic months before the start of a graduation project (work) or passing state exams, a working week is established at their request, with the preservation of 50 percent of the average earnings at the main place of work, but not below the minimum wage (by agreement of the parties, the reduction of working time can be made by providing the employee with one day off from work per week or by reducing the length of the working day during the week).

Persons studying in higher educational institutions are provided with the following benefits (Article 174 of the Labor Code of the Russian Federation):

1) additional holidays with the preservation of the average wage for:

*passing intermediate certification in the first and second courses, respectively - 30 calendar days, in each of the subsequent courses, respectively - 40 calendar days;

*preparation and defense of the final qualifying work and passing the final state exams - two months;

*passing the final state exams - one month.

2) leave without pay:

*employees admitted to entrance examinations to state-accredited educational institutions of secondary vocational education - 10 calendar days;

*employees studying in state-accredited educational institutions of secondary vocational education in full-time education, combining study with work, for passing intermediate certification - 10 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - two months, for final exams - one month;

3) payment once per academic year to employees studying by correspondence, the cost of travel to the location of the specified educational institution and back in the amount of 50 percent of the cost of travel;

4) reduction by 7 hours of the working week for employees studying in part-time (evening) and part-time forms of education for ten academic months before the start of a graduation project (work) or passing state exams with the preservation of 50 percent of the average earnings at the main place of work, but not lower than the minimum wage (by agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week).

Persons studying in educational institutions of primary vocational education are provided with the following benefits (Article 175 of the Labor Code of the Russian Federation):

1) additional leave with the preservation of the average salary for passing exams for 30 calendar days within one year.

Persons studying in evening (shift) educational institutions are provided with the following benefits (Article 176 of the Labor Code of the Russian Federation):

1) additional holidays with the preservation of average earnings for the final exams in the IX grade - 9 calendar days, in the XI (XII) grade - 22 calendar days;

2) reduced by one working day or by the number of working hours corresponding to it (if the working day is reduced during the week) during the academic year with the preservation of 50 percent of the average wage, but not less than the minimum wage.

It should be noted that the procedure for granting benefits to employees - students of postgraduate education is still regulated by the Federal Law of the Russian Federation of August 22, 1996 N 125-FZ "On Higher and Postgraduate Vocational Education".

Guarantees and compensations for employees sent for advanced training. When an employee is sent for advanced training with a break from work, the employee, in accordance with Article 187 of the Labor Code of the Russian Federation, retains the place of work (position) and the average salary at the main place of work.

Employees sent to improve their skills with a break from work in another area are additionally reimbursed for travel expenses.

Compensation for the use of personal property of an employee. When an employee, with the consent or knowledge of the employer and in his interests, uses personal property, the employee is paid compensation for the use, wear (depreciation) of the tool, personal transport, equipment and other technical means and materials belonging to the employee, as well as reimbursed for the costs associated with their use. The amount of reimbursement of expenses is determined by the agreement of the parties to the employment contract, expressed in writing.

At the same time, compensation for the use of personal cars for business trips should be made taking into account the provisions of the letter of the Ministry of Finance of the Russian Federation of July 21, 1992 N 57 "On the conditions for paying compensation to employees for the use of personal cars for business trips" and the order of the Ministry of Finance of the Russian Federation of February 4, 2000 N 16n "On changing the marginal rates of compensation for the use of personal cars and motorcycles for business trips."

Providing employees with personal protective equipment. Like Article 148 of the previously applied Labor Code of the Russian Federation, Article 17 of the Federal Law of the Russian Federation of July 17, 1999 N 181-FZ "On the Basics of Labor Protection in the Russian Federation", the Labor Code of the Russian Federation (Article 221) provides for the obligation of the employer to provide for persons employed in work with hazardous and (or) hazardous working conditions, as well as at work associated with pollution, certified personal protective equipment, flushing and disinfecting agents in accordance with the standards approved in the manner established by the Government of the Russian Federation.

Acquisition, storage, washing, cleaning, repair, disinfection and neutralization of personal protective equipment for employees is carried out at the expense of the employer.

The employer is also obliged to ensure the storage, washing, drying, disinfection, decontamination, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.

At present, within the framework of providing workers with personal protective equipment, the requirements of the Decree of the Ministry of Labor of the Russian Federation of December 18, 1998 N 51, which approved the "Rules for providing workers with special clothing, special footwear and other personal protective equipment", as well as Model industry standards for issuing personal protective equipment, should be used. protection approved by the Russian Ministry of Labor.

Issuance of milk and therapeutic and preventive nutrition. In accordance with Article 222 of the Labor Code of the Russian Federation at work with harmful working conditions, workers must be given milk or other equivalent food products free of charge according to established standards. At work with especially harmful working conditions, therapeutic and preventive nutrition should be provided free of charge according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products, as well as therapeutic and preventive nutrition, are approved in the manner established by the Government of the Russian Federation.

Prior to the establishment of such a procedure, organizations should be guided by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of December 16, 1987 N 731 / P-13, which approved the Procedure for the free distribution of milk or other equivalent food products to workers and employees engaged in work with harmful working conditions, as well as Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of January 7, 1977 N 4 / P-1, which approved the "List of industries, professions and positions, work in which gives the right to receive free medical and preventive nutrition in connection with especially harmful working conditions", and See also "Rations for therapeutic and preventive nutrition and norms for the free distribution of vitamin preparations", "Rules for the free distribution of therapeutic and preventive nutrition" (for more details, see the material published in the first issue of the journal in 2002).

The Labor Code also establishes other guarantees and compensations for employees in connection with the termination of an employment contract (Chapter 27 of the Labor Code of the Russian Federation), for temporary disability (Article 183 of the Labor Code of the Russian Federation), in the event of an accident at work and an occupational disease, in the field of medical support, donation, professional training, retraining and advanced training (Chapter IX), labor protection (Section X of the Labor Code of the Russian Federation).

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In part 2 of Art. 164 of the Labor Code of the Russian Federation, compensations are defined as cash payments established in order to reimburse employees for the costs associated with the performance of labor or other duties provided for by federal law. From the current legislation, the following circumstances can be distinguished that characterize compensation as a legal concept.

Firstly, compensations are compensatory in nature, they are designed to reimburse the employee for certain costs. These costs can be compensated to the employee both for the past time and in the case of future expenses, for example, to pay for travel to and from a business trip. Whereas the guarantees that are provided to employees do not have a compensatory nature. Guarantees are designed to ensure the implementation of labor rights of employees. Compensations are aimed at reimbursement of expenses incurred by employees in the performance of established duties, as well as in the exercise of certain rights, in particular the right to training.

Secondly, the use of the concept of "compensation" involves proving the existence of a direct connection between the incurred or expected costs of the employee and the performance of labor or other duties stipulated by federal law during the time allotted for the performance of labor duties.

That is, the connection of the employee’s incurred or future expenses with the performance of specific labor duties or other duties provided for by federal law, for example, for the witness’s travel to the place of trial, must be proven.

The proof of these circumstances allows the employee to demand compensation for the costs incurred by him.

Thirdly, the employee's incurred or future expenses must be incurred with the knowledge or consent of the authorized representative of the employer or on the grounds provided for by federal law. The employer, at his own expense, can compensate the employee for any incurred and future expenses, thus recognizing them as compensable. In this case, the position of the employee in comparison with the current legislation improves, which is fully consistent with the legal principles of regulation in the field of labor. Expenses incurred by employees may be recognized as compensable by virtue of the requirements of federal law. In this case, the employer has an obligation to compensate the employee for incurred or future expenses. Compensation payments, like other amounts due to the employee, must be provided by the employer to the employee in a timely manner. The employee is not obliged to spend personal funds in the performance of labor duties, state and public duties provided for by federal law. In this connection, the funds necessary for the performance of these duties, in cases provided for by law, must be provided to him by the employer. The refusal of the employer to pay the employee the amounts necessary to fulfill the listed obligations allows the employee to refuse to fulfill them, for example, from going on a business trip in the absence of the necessary funds for this, which the employer is obliged to provide. The expenses incurred by the employee, recognized as subject to compensation, must be reimbursed to him at the first payment of wages. Failure to meet the deadlines for reimbursement of expenses incurred by the employee on the basis of the current legislation makes it possible to require the application of Art. 236 of the Labor Code of the Russian Federation, which provides for the payment of interest for each day of delay in the payment of amounts due to the employee.

As already noted, the employer has the right, at his own expense, to improve the position of employees in comparison with the law when compensating for incurred or future expenses. However, the application of local rules in the payment of compensation has its own characteristics. Expenses that are reimbursed to an employee on the basis of current legislation cannot be considered as his income, since the employee does not use these amounts to meet his personal needs. The paradox of the legislation on compensation lies in the fact that it sets the maximum allowable parameters for reimbursement of expenses incurred by an employee. Exceeding the specified parameters at the expense of the employer's own funds is considered as receiving additional income by the employee. Although in this case, the employer and the employee recognize the expenses incurred as necessary for the performance of labor and other duties and, therefore, subject to compensation.

In this connection, the conclusion is that these payments also cannot be attributed to the income of the employee, since they are used by him not to satisfy personal needs, but for the purpose of properly fulfilling the duties assigned to him. Therefore, the recognition of these payments as the employee's income in excess of the parameters established by law conflicts with the concept of compensation payments under consideration. After all, it is obvious that the proof of the listed circumstances also allows these payments to be recognized as compensatory. Although the application of the legislation takes a different path, but when deciding whether the compensation payment made to the employee should be guided by the data in Part 2 of Art. 164 of the Labor Code of the Russian Federation by the definition of compensation payments. This definition is applicable when the circumstances under consideration are proved. It does not imply the possibility of limiting the amount of compensation due to an employee at the level of by-laws by attributing them to the employee's income. For this reason, in the event of conflict situations, law enforcement officers are obliged to be guided by the considered concept of compensation payments.

Guarantees - the means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured.

Compensation - monetary payments established for the purpose of reimbursement to employees of costs associated with the performance by them of labor or other duties provided for by this Code and other federal laws.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 165. Cases of provision of guarantees and compensations

when sent on business trips;

when moving to work in another area;

in the performance of state or public duties;

when combining work with education;

in case of forced termination of work through no fault of the employee;

when granting annual paid leave;

in some cases, termination of the employment contract;

due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

Remuneration for work in special conditions and other cases of performance of work in conditions that deviate from normal is made at an increased rate (due to the payment of appropriate compensations).

Compensation is money that is paid in order to reimburse employees for the costs associated with the performance of their labor or other duties provided for by the Labor Code of the Russian Federation and other federal laws.

Special working conditions include

1) work with harmful or dangerous working conditions;

2) work in the regions of the Far North and equivalent areas.

Important! In the following cases, wages are paid taking into account compensation for work in conditions that deviate from normal:

1) work at night;

2) performance of works of various qualifications;

3) when combining a profession (positions);

4) overtime work;

5) work on weekends and non-working holidays;

6) when developing new industries (products).

1. Work with harmful or dangerous working conditions

The wages of employees working with harmful or dangerous working conditions are set at a higher rate than normal working conditions. Compensation is not paid if the working conditions at the workplace are recognized as safe according to the results of their special assessment or in accordance with the conclusion of the state examination of working conditions (part 4 of article 219 of the Labor Code of the Russian Federation).

Important! The minimum wage increase for work in harmful or dangerous conditions is 4% of the tariff rate (salary) established for various types of work with normal working conditions.

Specific amounts of increased wages for work in hazardous conditions are established by the employer, taking into account the opinion of the representative body of employees.

Important! If the employer does not have a representative body of employees, specific amounts of increased wages are established by an employment contract with an employee.

The specific amount of wage increases for workers with harmful or dangerous working conditions may be determined in the collective agreement (if any).

2. Work at night

The employer is obliged to pay for work at night in an increased amount (compared to work in normal conditions). Night time is the period from 22:00 to 06:00. As a general rule, the duration of work at night is reduced by one hour without further working off.

Important! The minimum amount of increased wages for night work is set by the Government of the Russian Federation for all wage systems and is 20% of the hourly wage rate for each hour of night work (or 20% of the salary calculated per hour of night work). The employer is obliged to pay for night work at least at the specified rates.

The surcharge is charged only on the hourly tariff rate or salary calculated per hour of work (without taking into account other surcharges and / or allowances received by the employee).

The specific amount of increased pay for night work is established by the employment contract with the employee.

Important! If the organization has a representative body of workers, the specific amount of the increase in wages for work at night can be established by a local act adopted taking into account the opinion of the representative body of workers.

In addition, the amount of increased wages for night work may be provided for in the collective labor agreement (if any).

3. Work in special climatic conditions

1. Work in the regions of the Far North and areas equated to them

Important! For work in special climatic conditions, remuneration is made using regional coefficients and percentage bonuses to wages.

The sizes of regional coefficients and percentage allowances are established by the Government of the Russian Federation, normative acts of the former USSR.

State authorities of the constituent entities of the Russian Federation and local self-government bodies have the right to establish higher sizes of regional coefficients than those established by the Government of the Russian Federation or the regulations of the former USSR.

Important! The procedure and conditions for calculating the interest surcharge:

an increase in the allowance for every six months of work, then for each year of work - by 10 percent (until reaching 80 - 100 percent of wages - depending on the region of the Far North, until reaching 50 percent of wages - for areas equated to the RKS).

Important! The procedure and conditions for calculating the youth percentage allowance (for employees under the age of 30):

the presence of work experience in the regions of the Far North or areas equivalent to them for a duration of at least six months. When calculating the length of service, it is summed up regardless of the timing of the break in work and the grounds for terminating the employment relationship. Not counted in the seniority, giving the right to receive a percentage increase in wages, activities on the basis of civil law contracts or as an individual entrepreneur;
residence in the regions of the Far North or areas equated to them - at least 1 year;
increase in the allowance for every six months of work, then for each year of work (for CSWs), for every six months of work (for MCS) (up to 80 percent of salary - CSW, 50 percent of salary - MCS).

2. Work in waterless, alpine and desert areas

Important! For work in waterless, high-mountainous and desert areas, remuneration is made using the appropriate coefficients for wages.

The procedure and conditions for applying the coefficient are established by regulatory legal acts of the federal level.

4. Performance of works of various qualifications

Qualification is the degree of professional training and readiness of an employee to perform a labor function in a particular specialty. It can be expressed in a qualification category.

Important! When paying for work of various qualifications, the employer must comply with the following procedure:

1) with time wages - the work of an employee is paid for work with a higher qualification;

2) in the case of piecework wages - the work of an employee is paid at the rates of the work performed by him.

Important! When an employee is entrusted (due to the nature of production) with piece-rate work to perform work rated below the category assigned to the employee, the employer is obliged to pay the employee the difference between the categories.

5. Combination of professions (positions)

The combination of professions (positions) is carried out within the framework of one employment contract. This is its difference from internal combination. The combination of professions (positions) is carried out without exemption from the main job. This is its difference from a temporary transfer to another job.

Important! This type of increased payment includes the following types of additional work performed by an employee during the working day without being released from his main job:

combination of professions (positions);
expansion of service areas;
increase in the scope of work;
performance of the duties (or part thereof) of a temporarily absent employee who retains his/her place of work.

Important! The amount of additional payment for the performance of the specified work is determined by agreement of the parties to the employment contract, taking into account the content and volume of additional work. The maximum amount of additional payment is not limited by law.

6. Overtime

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

Overtime work is paid at a higher rate. Specific amounts of increased pay may be established in a collective agreement, local regulation or employment contract.

Increased pay for work outside the normal working hours on public holidays cannot be paid twice (first as for overtime work, and then as for work on a holiday).

Important! The minimum amount of increased pay for work in excess of the normal working hours:

1. Employees receiving a monthly salary

the first two hours - in the amount of one and a half hourly rate (part of the salary for a day or hour of work) in excess of the salary;
subsequent hours - in the amount of a double hourly rate (part of the salary for a day or hour of work) in excess of the salary.

To calculate the hourly tariff rate, it is necessary to divide the salary by the average monthly number of working hours, depending on the duration of the working week in hours set for the employee. The average monthly number of working hours is calculated by dividing the annual norm of working hours in hours by 12.

2. Employees whose work is paid at daily or hourly wage rates,

in the amount of one and a half daily or hourly rate for the first two hours and double daily or hourly rate for the following hours;

3. Pieceworkers

the first two hours are paid at least one and a half piece rates, the following hours - at least double piece rates.

Important! At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

7. Work on weekends and non-working holidays

Remuneration of at least double the amount is made in the following cases:

the employee worked c) the day off (days) established for him by the Rules of the VTR,

If, according to the VTR Rules, Saturday and (or) Sunday are not days off for an employee, and days off are provided to him on other days of the week, then Saturday and Sunday are ordinary working days for him and are paid in a single amount.

the employee worked on one (several) non-working holidays established by Art. 112 of the Labor Code of the Russian Federation.

Important! The minimum amount of increased wages for work on a weekend or holiday:

with piece-rate wages - at double piece rates;
when paying for labor at daily and hourly tariff rates - at a double daily or hourly tariff rate;
employees receiving a salary (official salary) - depending on the norm of working hours worked out in a month.

Important! Employees receiving a salary (official salary) work on holidays and weekends is performed in the following order:

if work on a day off was carried out within the monthly norm of working time - in the amount of a single daily or hourly tariff rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary);
if work on a day off was carried out in excess of the monthly norm of working time - in the amount of a double daily or hourly tariff rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary).

Important! Specific amounts of increased wages for work on a day off or a holiday may be established by a collective agreement, a local act (adopted taking into account the opinion of the representative body of workers), an employment contract.

At the request of the employee, instead of increased pay, work on a day off can be compensated for by providing another day of rest. In this case, payment for work on a day off is made in a single amount, and the other day of rest provided is not paid.

Important! Payment for work on weekends and holidays of creative workers specified in the list of positions, approved. Decree of the Government of the Russian Federation of April 28, 2007 No. 252, is determined by a collective agreement, a local act, an employment contract.

8. Development of new industries (products)

During the period of development of new industries (products), the employee may retain the previous salary.

Important! The possibility of maintaining the previous wages is provided for in the collective agreement (if any), the employment contract.

The term "former salary" should be understood as the average earnings of an employee, calculated according to the rules of Art. 139 of the Labor Code of the Russian Federation.