Decree n 273 p 20. Conditions for granting leave for harmful working conditions. Appendix. Instructions on the procedure for applying the List of industries, shops of professions and positions with harmful working conditions, work in which gives the right to additional leave

13.11.2019

"On approval of the Instructions on the procedure for applying the list of production shops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and shortened working hours

Edition dated 11/21/1975 - Valid

STATE COMMITTEE OF THE USSR COUNCIL OF MINISTERS ON LABOR AND WAGES

RESOLUTION
dated November 21, 1975 N 273 / P-20

ON THE APPROVAL OF THE INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE LIST OF PRODUCTION SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL VACATION AND A REDUCED WORKING DAY

State Committee of the Council of Ministers of the USSR on Labor and wages and the Presidium of the All-Union Central Council of Trade Unions decide:

1. Approve the Instruction on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, in accordance with the Appendix.

This Instruction shall enter into force simultaneously with the entry into force of the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee of the Council of Ministers of the USSR on labor and wages and Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22.

2. With the entry into force of the Instruction approved by paragraph 1 of this Decree, the Instruction on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30, with the addition provided for in Appendix No. 1 to the Resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of August 10 1971 N 323 / P-17.

Vice-chairman
State Committee
Council of Ministers of the USSR
labor affairs
and wages
S.NOVOZHILOV

Secretary
All-Union Central
Council of Trade Unions of the USSR
V. PROKHOROV

Appendix
to the Decree of the State
Committee of the Council of Ministers of the USSR
on labor and wages
board and the Presidium of the All-Union
Central Council
Trade Unions
dated November 21, 1975 N 273 / P-20

INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE LIST OF PRODUCTIONS, SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL VACATION AND A REDUCED WORKING DAY

I. General provisions

1. Additional leave and reduced working hours are provided to workers, engineers and technical workers and employees in accordance with the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day<*>, approved by the Decree of the State Committee of the Councils of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22.

The names of the professions of workers and positions of engineering and technical workers and employees provided for in the List are indicated in accordance with the Unified Tariff and Qualification Directory of Works and Professions of Workers, Qualification guide professions of workers, communications workers and junior service personnel not included in the Unified Tariff and Qualification Directory of Works and professions of workers who are set monthly salaries, as well as the Unified nomenclature of positions of employees.

<*>Hereinafter, for brevity, it will be referred to as the List.

2. In accordance with paragraph 2 of Decree of the Council of Ministers of the USSR of June 17, 1960 N 611, changes and additions to the List may be made by ministers and heads of departments of the USSR and the Councils of Ministers of the Union republics in agreement with the State Committee of the Council of Ministers of the USSR on labor and wages , All-Union Central Council of Trade Unions and the Ministry of Health of the USSR.

The following documents are attached to the proposals for the approval of amendments and additions to the List:

the conclusion of the district (city) sanitary-epidemiological station on the actual state and working conditions in industries, workshops and in areas where workers, engineering and technical workers and employees work, regarding whom a petition is being filed;

organizational and technical measures developed with the involvement of relevant research institutes to eliminate industrial hazards in these areas, indicating the deadlines for completing these works;

data on the number of workers, engineering and technical workers and employees in respect of which the issue of granting additional leave or a shorter working day is raised, and on additional costs for these purposes.

3. According to paragraph 3 of Decree of the Council of Ministers of the USSR of June 17, 1960 N 611, ministers and heads of departments of the USSR, the Councils of Ministers of the Union republics, in cases where the harmfulness of work in production is reduced or eliminated, are obliged, in agreement with the State Committee of the Council of Ministers of the USSR for issues of labor and wages, the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR to reduce the duration of additional leave or not to provide it at all, and also to establish in these cases a working day of normal duration.

When new enterprises, industries and shops are put into operation, ministries and departments of the USSR and the Councils of Ministers of the Union republics are obliged to consider the need to provide workers, engineers and technical workers and employees of these enterprises, industries and shops with additional leave and a shorter working day, regardless of the fact that at existing enterprises producing similar products, additional leave and a shorter working day are established. On the decision taken in each individual case to provide workers, engineers and technical workers and employees with additional leave and a shorter working day of ministries and departments of the USSR, the Councils of Ministers of the Union republics with the necessary organizational, technical, medical and economic (data on the number of employees who will be provided benefits, and additional costs for these purposes) with justifications are reported to the State Committee of the Council of Ministers of the USSR on labor and wages and the All-Union Central Council of Trade Unions.

4. Workers, engineering and technical workers and employees whose professions and positions are provided for by industries and workshops in the relevant sections of the List, regardless of the branch of the national economy in which these industries and workshops are located, have the right to additional leave and a shorter working day.

Example. Workers and engineers foundry(except for non-ferrous casting) enterprises of mechanical engineering, agricultural machinery, light, food and other industries, additional leave and reduced working hours are provided in accordance with the subsection "Foundry" of the section "Metalworking".

Workers and engineers of foundry production of non-ferrous metals of enterprises of mechanical engineering, "Agricultural", light, food and other industries are provided with additional leave and a reduced working day in accordance with the subsection "Processing and secondary processing of non-ferrous metals" ("Batch preparation" and "Smelting and casting non-ferrous metals") of the section "Non-ferrous metallurgy".

Workers of woodworking shops, regardless of the enterprises of which industries these shops are located, are provided with additional leave and a shorter working day according to the list of industries, shops, professions and positions provided for in the "Woodworking production" section.

Additional leave and a shorter working day should be granted only to those workers, engineering and technical workers and employees whose professions and positions are provided for in the relevant industries and workshops.

5. In cases where the List contains sections or subsections providing for certain types works (such as "Painting", " Welding", "Forging and pressing work"), additional leave and reduced working hours should be provided regardless of the production or workshop in which these works are performed.

6. Workers, engineering and technical workers and employees whose professions and positions are provided for in section " General Professions all branches of the national economy", additional leave and reduced working hours are provided regardless of the industries or workshops they work in, unless these professions and positions are specifically provided for in the relevant sections or subsections of the List.

Example. According to paragraph 92 of the section "General professions of all sectors of the national economy", a boiler engineer (fireman) engaged in servicing steam and hot water boilers operating on solid mineral and peat fuels, when loading manually, enjoys the right to an additional vacation of 12 working days at industrial and construction enterprises and transport. If the driver (fireman) of the boiler house serves residential and administrative buildings and buildings with central heating, then in accordance with paragraph 1 of the subsection "Housing" of the section "Housing and communal services and household services to the population", he must receive additional leave lasting 6 working days.

7. Brigadiers, assistants and assistant workers, whose professions are provided for in the List, are provided with additional leave and a shorter working day of the same duration as workers of the corresponding professions.

Example. The section "General professions of all sectors of the national economy" provides for an additional leave of 6 working days for a loader who is constantly engaged in loading and unloading operations with dusty and other toxic cargo. Consequently, the foreman of the loaders should be granted additional leave of the same duration as the loader, i.e. 6 business days. In the subsection "Open pit mining of operational and open pits under construction, as well as the mountain mine surface and geological exploration" of the "Mining operations" section, an additional vacation of 12 working days is provided for the excavator operator involved in mining and overburden. The driver's assistant must also be granted an additional leave of 12 working days.

II. Additional leave

8. Additional leave is granted at the same time as annual leave. It is prohibited not to grant annual leave to workers, engineering and technical workers and employees who have the right to additional leave due to harmful working conditions.

Full additional leave according to the List is granted to workers, engineering and technical workers and employees, if they actually worked in industries, workshops, professions and positions with harmful working conditions for at least 11 months in a working year.

The length of service giving the right to receive additional leave to the specified employees also includes:

a) a period of temporary disability;

b) the time of maternity leave, the time women perform light work due to pregnancy, as well as the time women perform other work to which they were transferred in connection with breastfeeding or the presence of children under the age of one year;

c) the time of fulfillment of state and public duties.

9. Replacing additional leave with monetary compensation is not allowed. The payment of this compensation can take place only upon dismissal of the employee. If a worker, engineer and technical worker or employee worked in the industries, workshops, professions and positions provided for in the List for less than 11 months in a working year, then he is granted additional leave in proportion to the time worked. Workers, engineering and technical workers and employees permanently employed in industries, workshops and in areas with harmful working conditions, additional leave may be granted in full and before the expiration of 11 months, if the annual (basic) leave is provided in advance. In cases where the employee has the right to annual (basic) and additional leave at different times, these holidays are granted to him simultaneously and in full. At the same time, the work experience that gives the right to a new vacation on account of the next working year is calculated separately for both annual (basic) and additional holidays.

Example. The worker entered a job giving the right to additional leave on February 3, 1975. In September 1975, he was fired. Consequently, in this case, he will be paid monetary compensation in proportion to the time worked for both annual (basic) and additional holidays.

The foreman, who is entitled to additional leave, joined the job in March 1974. In February 1975 he went on leave. In this case, he was granted both annual (basic) and full additional leave. In July 1975, the specified master was transferred to the position of engineer in the plant management. Consequently, when leaving for a subsequent vacation, this employee will be provided with additional leave due to harmful working conditions not in full, but in proportion to the time worked in the production that gives the right to this leave.

In November 1973, the worker went to work in a production facility with harmful working conditions, where an additional leave of 12 working days was established. In October 1974, he was granted leave for a total of 24 working days. When drawing up vacation schedules for 1975, this worker was provided with leave (for the second working year) in June 1975. Since in this case the annual (basic) leave is provided in advance, additional leave must also be provided in advance and in full.

The worker was admitted to the supply department in August 1974. In February 1975, he was transferred to work with harmful working conditions, where all workers are given an additional vacation of 12 working days. When leaving in July 1975 on leave (for the first working year), this worker, along with the annual (basic) leave, must also be granted additional leave in full. In this case, the length of service for subsequent holidays will be calculated separately.

10. When calculating the length of service that gives the right to additional leave or payment of compensation for it in proportion to the time worked, the number of full months of work in industries, workshops, professions and positions with harmful working conditions is determined by dividing the total number of days of work during the year by the average monthly number of workers days. In this case, the remainder of days, which is less than half of the average monthly number of working days, is excluded from the calculation, and the remainder of days, which is half or more of the average monthly number of working days, is rounded up to a full month.

11. In cases where workers, engineering and technical workers and employees in the working year worked in different industries, workshops, professions and positions, for work in which additional leave of unequal duration is provided, the calculation of the time worked in harmful working conditions is carried out separately for each job, based on the duration of additional leave established by the List for employees of the relevant industries, workshops, professions and positions.

Example. The worker worked for two months as a transporter in the production of titanium from loparite concentrate. For four months he worked as a cloakroom attendant at the acceptance and issuance of dirty overalls, and for the next five months he was employed as a storekeeper at the distribution and acceptance of tools in the same production. During the time of work as a transporter, this worker must be granted additional leave of 2 working days (one working day for each month of work at the rate of 12 working days per year), for the time of work as a cloakroom attendant - 6 working days (1.5 working days for each month of work at the rate of 18 working days per year) and for the time of work as a storekeeper on the distribution and acceptance of tools - 5 working days (one working day for each month of work at the rate of 12 working days per year). In total, for eleven months of work in harmful working conditions, this worker must be granted additional leave of 13 working days.

12. On account of the time worked in industries, workshops, professions and positions with harmful working conditions provided for in the List, only those days are counted in which the employee was actually employed in these conditions for at least half of the working day established for workers in this production, shop, profession or position.

When making an entry in the List as "permanently employed" or "permanently working", only the days in which the employee was actually employed under these conditions full working day established for workers of a given production, shop, profession or position.

13. Workers, engineers and technical workers and employees whose professions and positions are not included in the List, but who perform work in certain periods of time in industries, workshops, professions and positions with harmful working conditions provided for in the List, additional leave is granted on the same on the same grounds as workers, engineering and technical workers and employees whose professions and positions are provided for in the List.

Example. The locksmith, who has the rights of a welder, is entrusted with the execution of electric welding works in room. In this case, the mechanic must be granted additional leave at the rate of 12 working days per year of work in proportion to the time worked as an electric welder.

14. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary shops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) during their work in industries, workshops and areas with harmful working conditions, where both for the main workers and for the repair and maintenance personnel of these industries, workshops and sites additional leave is established according to the List, this leave should also be provided in the manner provided for in paragraphs 8 - 12 of this Instruction.

Example. The locksmith - fitter of the construction and installation department, in order to fulfill the contract agreement, installs an overhead crane in the span above the operating furnaces in the steel-smelting shop of the metallurgical plant. According to the List, steelworkers, steel pourers, metallurgical equipment repairmen, crane operators and maintenance personnel are granted additional leave of 12 working days per year of work. In this case, the fitter of the construction and installation department must also be granted additional leave at the rate of 12 working days in proportion to the time worked at this site.

The worker of the repair shop of the enterprise, according to the schedule of preventive maintenance of equipment, repairs the equipment in the operating chemical shop, in which all the main workers, repair and maintenance personnel are provided with an additional vacation of 12 working days per year of work. Consequently, the worker of the repair shop must also be granted additional leave at the rate of 12 working days in proportion to the hours worked in this shop.

The worker of the repair shop of the enterprise repairs equipment in the wire drawing shop of the hardware production, where, according to the List, only the wire drawer and the grinder use additional leave. The List does not provide for additional leave for repair workers in this workshop. In this case, the specified worker of the repair shop should not be granted additional leave.

15. The duration of additional leave for workers, engineering and technical workers and employees specified in paragraph 14 of this Instruction should in all cases not exceed the duration of additional leave for workers of repair and maintenance personnel provided for in the relevant sections and subsections of the List.

16. With the establishment of the Fundamentals of the legislation of the USSR and the Union republics on labor annual leave of at least 15 working days, the total duration of annual leave, taking into account the additional leave granted to workers, engineers and technical workers and employees for work in industries, shops, professions and positions with harmful working conditions, remains unchanged.

Example. The gas welder, when working in the premises, had the right to annual leave with a total duration of 24 working days, of which 12 days for work with harmful working conditions. At present, this leave to the gas welder must be granted the same duration.

17. Disabled people who are blind, working at enterprises, additional leave due to harmful working conditions is added to the annual (basic) leave.

18. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.

Example. When laying asphalt pavements at an altitude of 2800 m above sea level, an asphalt concrete worker (asphalt worker) can be granted additional leave on two grounds: as an asphalt concrete worker - for a duration of 6 working days and as a worker performing work at an altitude of 2800 m above sea level - for a duration of 12 working days. The specified asphalt concrete worker (asphalt worker) can receive an additional vacation of 12, and not 18, working days.

III. Half-holiday

19. A shortened working day according to the duration indicated in the List is established for workers, engineering and technical workers and employees only on those days when they are employed in harmful working conditions for at least half of the shortened working day established for workers of a given production, workshop, profession or position.

When an entry in the List of "permanently employed" or "permanently working" shortened working hours according to the duration indicated in the List is established for workers, engineering and technical workers and employees only on those days when they are actually employed in harmful working conditions during the entire shortened working day.

20. For workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work on certain days in industries, workshops, professions and positions with harmful working conditions provided for in the List, a reduced working day is established on these days the same duration as workers, engineering and technical workers and employees permanently engaged in this work.

21. In cases where workers, engineering and technical workers and employees during the working day were employed on various works with harmful working conditions, where a shortened working day of various lengths is established, and in total they worked in these areas for more than half of the maximum length of the shortened day, their working day should not exceed 6 hours.

22. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary shops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) on the days of their work in existing industries, workshops and in areas with harmful working conditions, where a reduced working day is established for both the main workers and for the repair and maintenance personnel of these industries, workshops and sections, a reduced working day is also established in the manner provided for in paragraphs 19 and 21 of this Instruction.

the Russian Federation

DECISION of the State Committee of Labor of the USSR, All-Union Central Council of Trade Unions dated 21.11.75 N 273 / P-20 "ON APPROVAL OF INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE LIST OF PRODUCTION SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORK CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL LEAVE AND WORK"

The State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions decide:

Vice-chairman
State Committee
Council of Ministers of the USSR
labor affairs
and wages
S.NOVOZHILOV

Secretary
All-Union Central
Council of Trade Unions of the USSR
V. PROKHOROV

Appendix
to the Decree of the State

STATE COMMITTEE ON LABOR OF THE USSR

PRESIDIUM OF THE AUCCTU

RESOLUTION

On approval of the Instruction on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day

The document takes into account:
;
.
____________________________________________________________________

____________________________________________________________________
This document applied to the extent not inconsistent with the Labor Code of the Russian Federation. - Cm. .
- Database manufacturer's note.

____________________________________________________________________

The State Committee of the Council of Ministers of the USSR on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions

decide:

2. With the entry into force of the Instruction approved by paragraph 1 of this resolution, the Instruction on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the resolution of the State Committee Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30, with the addition provided for in Appendix No. 1 to the resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of August 10, 1971 year N 323 / P-17.

Vice-chairman
State Committee Council
Ministers of the USSR on labor issues
and wages
C. Novozhilov

Secretary
All-Union Central
Council of Trade Unions
V. Prokhorov

Appendix. Instructions on the procedure for applying the List of industries, shops of professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day

Appendix
to the decision of the State Committee for Labor
USSR and the Presidium of the All-Union Central Council of Trade Unions
dated November 21, 1975 N 273 / P-20

I. General provisions

1. Additional leave and a shorter working day are provided to workers, engineering and technical workers and employees in accordance with the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day *, approved by the decision of the State Committee of the Council Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 / P-22.

_______________
* In what follows, for brevity, it will be referred to as the List.

The names of the professions of workers and positions of engineering and technical workers and employees provided for in the List are indicated in accordance with the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Qualification Guide for the Professions of Workers, Communications Workers and Junior Service Personnel that are not included in the Unified Tariff and Qualification Directory jobs and professions of workers who are set monthly salaries, as well as the Unified nomenclature of positions of employees.

2. In accordance with clause 2 of Decree of the USSR Council of Ministers of June 17, 1960 N 611, changes and additions to the List may be made by ministers and heads of departments of the USSR and the Councils of Ministers of the Union republics in agreement with the State Committee of the Council of Ministers of the USSR on labor and wages, All-Union Central Council of Trade Unions and the Ministry of Health of the USSR.

The following documents are attached to the proposals for the approval of amendments and additions to the List:

the conclusion of the district (city) sanitary-epidemiological station on the actual state of working conditions in industries, workshops and in areas where workers, engineering and technical workers and employees work, regarding whom a petition is being filed;

3. In accordance with clause 3 of Decree of the USSR Council of Ministers of June 17, 1960 N 611, ministers and heads of departments of the USSR, the Councils of Ministers of the Union republics, in cases where the harmfulness of work in production is reduced or eliminated, are obliged, in agreement with the State Committee of the Council of Ministers of the USSR on issues labor and wages, the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR to reduce the duration of additional leave or not to provide it at all, and also to establish in these cases a working day of normal duration.

Example. Workers and engineers of foundry production (except for non-ferrous casting) of mechanical engineering, "Agricultural", light, food and other industries, additional leave and a reduced working day are provided in accordance with the "Foundry" subsection of the "Metalworking" section.

Workers and engineers of foundry production of non-ferrous metals of enterprises of mechanical engineering, "Agricultural", light, food and other industries, additional leave and a shorter working day are provided in accordance with the subsection "Processing and secondary processing of non-ferrous metals" ("Batch preparation" and "Smelting and casting of non-ferrous metals") of the section "Non-ferrous metallurgy".

5. In cases where the List contains sections or subsections that provide for certain types of work (such as "Painting", "Welding", "Forging and pressing work"), additional leave and reduced working hours should be granted independently on the production or workshop in which these works are performed.

6. Workers, engineers and technical workers and employees whose professions and positions are provided for in the section "General professions of all sectors of the national economy", additional leave and a shorter working day are provided regardless of the production or workshops in which they work, if these professions and positions are not specifically provided for in the relevant sections or subsections of the List.

Example. According to paragraph 92 of the section "General professions of all sectors of the national economy", a boiler engineer (fireman) engaged in servicing steam and hot water boilers operating on solid mineral and peat fuels, when loading manually, enjoys the right to an additional vacation of 12 working days at industrial and construction enterprises and transport. If the driver (fireman) of the boiler house serves residential and administrative buildings and buildings with central heating, then in accordance with paragraph 1 of the subsection "Housing" of the section "Housing and communal services and consumer services to the population", he must receive additional leave lasting 6 working days.

Example. The section "General professions of all sectors of the national economy" provides for an additional leave of 6 working days for a loader who is constantly engaged in loading and unloading operations with dusty and other toxic cargo. Consequently, the foreman of the loaders should be granted additional leave of the same duration as the loader, i.e. 6 business days. In the subsection "Open-cast mining of operational and open pits under construction, as well as the mountain mine surface and geological exploration" of the "Mining operations" section, an additional vacation of 12 working days is provided for the excavator operator involved in mining and overburden. The driver's assistant must also be granted an additional leave of 12 working days.

II. Additional leave

8. Additional leave is granted simultaneously with annual leave. It is prohibited not to grant annual leave to workers, engineering and technical workers and employees who have the right to additional leave due to harmful working conditions.

The length of service giving the right to receive additional leave to the specified employees also includes:

____________________________________________________________________

Paragraph three of clause 8 declared inoperative from February 1, 2002 - the decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.

____________________________________________________________________

a) a period of temporary disability;

b) the time of maternity leave, the time women perform light work due to pregnancy, as well as the time women perform other work to which they were transferred in connection with breastfeeding or the presence of children under the age of one year;

c) the time of fulfillment of state and public duties.

9. Replacing additional leave with monetary compensation is not allowed. The payment of this compensation can take place only upon dismissal of the employee. If a worker, engineer and technical worker or employee worked in the industries, workshops, professions and positions provided for in the List for less than 11 months in a working year, then he is granted additional leave in proportion to the time worked. Workers, engineering and technical workers and employees permanently employed in industries, workshops and areas with harmful working conditions, additional leave may be granted in full and before the expiration of 11 months, if the annual (basic) leave is provided in advance. In cases where the employee has the right to annual (basic) and additional leave at different times, these holidays are granted to him simultaneously and in full. At the same time, the work experience that gives the right to a new vacation on account of the next working year is calculated separately for both annual (basic) and additional holidays;

____________________________________________________________________

Proposal 5 of paragraph 9 declared inoperative decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.

____________________________________________________________________

Example. The worker entered a job giving the right to additional leave on February 3, 1975. In September 1975 he was fired. Consequently, in this case, he will be paid monetary compensation in proportion to the time worked for both annual (basic) and additional holidays.

The foreman, who is entitled to additional leave, went to work in March 1974. In February 1975, he went on vacation. In this case, he was granted both annual (basic) and full additional leave. In July 1975, the specified master was transferred to the position of engineer in the plant management. Consequently, when leaving for a subsequent vacation, this employee will be provided with additional leave due to harmful working conditions not in full, but in proportion to the time worked in the production that gives the right to this leave.

In November 1973, a worker went to work in a production facility with harmful working conditions, where an additional leave of 12 working days was established. In October 1974, he was granted leave for a total of 24 working days. When drawing up vacation schedules for 1975, this worker was provided with a vacation (for the second working year) in June 1975. Since in this case the annual (basic) vacation is provided in advance, then additional leave should also be provided in advance and in full.

____________________________________________________________________

Paragraph three of the Example to paragraph 9 declared inoperative from February 1, 2002, regarding the words: "and completely" - the decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.

____________________________________________________________________

Fourth paragraph Example to paragraph 9 declared inoperative from February 1, 2002, in part of the words: "in full" - the decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.

____________________________________________________________________

____________________________________________________________________
The first paragraph of this Instruction is not valid from April 1, 2017 - see the decision of the Supreme Court of the Russian Federation of January 26, 2017 N AKPI16-1035.
____________________________________________________________________

When making an entry in the List as "permanently employed" or "permanently working", only the days on which the employee was actually employed under these conditions full working day established for workers of a given production, shop, profession or position.

Example. A locksmith with the rights of a welder, in connection with the production need, is entrusted with the performance of electric welding work in the room. In this case, the mechanic must be granted additional leave at the rate of 12 working days per year of work in proportion to the time worked as an electric welder.

14. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary shops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) for the time of their work in industries, workshops and areas with harmful working conditions, where both for the main workers and for the repair and maintenance personnel of these industries, workshops and sites additional leave is established according to the List, this leave should also be provided in the manner provided for in paragraphs 8 - 12 of this Instruction.

Example. The fitter-fitter of the construction and installation department, in order to fulfill the contract agreement, installs an overhead crane in the span above the operating furnaces in the steel-smelting shop of the metallurgical plant. According to the List, steelworkers, steel pourers, metallurgical equipment repairmen, crane operators and maintenance personnel are granted additional leave of 12 working days per year of work. In this case, the fitter of the construction and installation department must also be granted additional leave at the rate of 12 working days in proportion to the time worked at this site.

15. The duration of the additional vacation of workers, engineering and technical workers and employees specified in paragraph 14 of this Instruction should in all cases not exceed the duration of the additional vacation of workers of repair and maintenance personnel provided for in the relevant sections and subsections of the List.

For persons entitled to receive annual (basic) leaves of 18, 24, 36 or 48 working days and working in industries, workshops and areas with harmful working conditions, the total duration of leave (including annual and additional due to harmful working conditions ), established before the introduction of this Instruction, also does not change.

17. For disabled-blind people working at enterprises, additional leave due to harmful working conditions is added to the annual (basic) leave.

18. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.

Example. When laying asphalt pavements at an altitude of 2800 m above sea level, an asphalt concrete worker (asphalt worker) can be granted additional leave on two grounds: as an asphalt concrete worker - for a duration of 6 working days and as a worker performing work at an altitude of 2800 m above sea level, for a duration of 12 working days. The specified asphalt concrete worker (asphalt worker) can receive an additional vacation of 12, and not 18, working days.

III. Half-holiday

21. In cases where workers, engineers and technical workers and employees during the working day were employed in various jobs with harmful working conditions, where a shortened working day of various lengths was established, and in total worked in these areas for more than half of the maximum duration of the reduced day, their working day should not exceed 6 hours.

22. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary shops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) on the days of their work in existing industries, workshops and in areas with harmful working conditions, where both for the main workers and for the repair and maintenance personnel of these industries, workshops and sites a reduced working day is established, a reduced working day is also established in the manner provided for in paragraphs 19 and 21 of this Instruction.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

The government of the Ulyanovsk region decides:

1. Introduce the following changes to the Decree of the Government of the Ulyanovsk Region dated June 15, 2015 No. 273-P “On Approval of the Regulations on Evaluating the Efficiency of the Activities of Organizations Managing Apartment Buildings on the Territory of the Ulyanovsk Region”:

1) clause 2 shall be stated in the following wording:

"2. Recommend to authorities local government municipalities of the Ulyanovsk region to take part in the evaluation of the effectiveness of the activities of organizations that manage apartment buildings in the Ulyanovsk region, in accordance with this resolution.”;

2) in the Regulation on assessing the effectiveness of the activities of organizations that manage apartment buildings in the Ulyanovsk region:

a) in section 1:

Clause 1.1 after the word “procedure” shall be supplemented with the word “implementation” and in it the word “construction” shall be replaced by the word “drawing up”;

in clause 1.2 the word “is carried out” shall be replaced by the word “is being carried out”, the words “its application” shall be replaced by the words “the application of its results”;

b) in section 2:

in paragraph 2.2, the words "according to the criteria established in paragraph 3" shall be replaced by the words "in accordance with the criteria provided for in lines 3 and 9-11";

in clause 2.3 the words "according to the criterion established in clause" shall be replaced by the words "according to the criterion provided for by line", the words "federal and regional printed publications» replace with the words «periodicals distributed in the territory of the Ulyanovsk region»;

point 2.4 shall be stated in the following wording:

“2.4. Local self-government bodies of municipalities of the Ulyanovsk region that have decided to participate in the evaluation of the effectiveness of the activities of managing organizations (hereinafter referred to as local self-government bodies of municipalities of the Ulyanovsk region), assess the effectiveness of the activities of managing organizations within the boundaries of the respective municipalities of the Ulyanovsk region in accordance with the criteria provided for lines 1, 2 and 4-7 of the Appendix to this Regulation, on the basis of information received in accordance with the Federal Law of July 21, 2014 No. 209-FZ "On State information system housing and communal services”, as well as those represented by managing organizations as part of participation in the assessment of the effectiveness of their activities.”;

c) in section 3:

in the title the word "Construction" shall be replaced by the word "Composition";

in clause 3.1 the word "Construction" shall be replaced by the word "Drafting", the word "produced" shall be replaced by the word "implemented";

point 3.2 shall be stated in the following wording:

“3.2. The ranking of managing organizations is based on the ranking of managing organizations based on the total number of points assigned to managing organizations in accordance with all criteria for evaluating their performance. The highest position in the rating is occupied by the managing organization, which was given the highest total number of points.»;

in paragraph 3.3:

in the first paragraph, the words "is drawn up in the form" shall be replaced by the words "is drawn up in the form";

in the fourth paragraph, the words "recruited by the managing organization" shall be replaced by the words "issued managing organization»;

point 3.4 shall be stated in the following wording:

“3.4. Under the first rating number in the table, the managing organization is indicated, which was given the highest total number of points. Next, the managing organizations are indicated in descending order of the total number of points assigned to them. ”;

d) in the application:

in the title the word "Criteria" shall be replaced by the word "Methodology";

the words "Score in points" shall be replaced by the words "Number of points", the words "Standard for the performance of managing organizations (maximum points)" shall be replaced by the words "Maximum points";

in column 2 of line 2, the words “Percentage (amount) of collection of payments for housing and communal services for the reporting period” shall be replaced by the words “Percentage of the volume of payments for housing and utilities received in the reporting period in the total volume of payments for housing and utilities, accrued in the specified period";

in column 2 of line 3 the word "licensed" shall be replaced by the word "licensed";

column 2 of line 4 shall be stated as follows:

“Percentage of the number of requests for troubleshooting, accidents in the in-house equipment, in-house engineering systems, violations of the quality of the provision of utilities(hereinafter - emergency applications) received by the emergency dispatch service in the reporting period, in the total number of emergency applications received by the emergency dispatch service in the specified period<2>and<3>»;

in column 2 of line 5, the words “for the reporting period from consumers living in apartment buildings managed by the managing organization” shall be replaced by the words “in the reporting period”;

in column 2 of line 6 the word "calculation" shall be replaced by the word "calculations";

add lines 9-11 with the following content:

Number of violations identified by the regional state housing supervision authority in the reporting period mandatory requirements to the maintenance of adjacent territories of apartment buildings

0 violations / 5 points

1 violation / 4 points

2 violations / 3 points

3 violations / 2 points

4 violations / 1 point

5 violations

and more/0 points

Percentage of the number of prescriptions of the regional state housing supervision body not executed by the managing organization in the total number of prescriptions issued to the managing organization by the specified body<4>

0 percent/5 points

percent/4 points

11 to 20 percent
/3 points

21 to 30 percent/
2 points

31 to 40 percent
/1 point

more than 40 percent
/0 points

Percentage of the number of multi-apartment buildings, in respect of which the managing organization in the state information system of housing and communal services posted reports on the implementation of contracts for the management of multi-apartment buildings for the previous year, in the total number of multi-apartment buildings, the management of which is carried out managing organization<5>

100 percent/5 points

98-99 percent/4 points

96-97 percent/3 points

94-95 percent/2 points

92-93 percent/1 point

less than 92 percent/
0 points

in column 4, the number "1" shall be replaced by the figures "1.6";

in column 5, the figures "5.375" shall be replaced by the figures "8.375";

footnote<2>the word "subscribed" shall be replaced by the word "served";

footnote<3>:

the first paragraph shall be amended as follows:

«<3>The coefficient of the average duration of operation of the housing stock (the number of points assigned to managing organizations in accordance with the criteria provided for in lines 3-5 of this annex is multiplied by: ";

in paragraphs two to six, the word "residential" shall be replaced by the word "housing";

add footnotes<4>and<5>the following content:

«<4>The percentage of the number of prescriptions of the regional state housing supervision body not executed by the managing organization in the total number of prescriptions issued by the managing organization by the specified body is determined by the following formula:

P \u003d P fault / P vyd × 100, where:

P failure - the number of instructions not executed by the managing organization in the current year of the instructions of the regional state housing supervision body on an accrual basis;

П vyd - the number of prescriptions issued to the managing organization by the body of regional state housing supervision in the current year on an accrual basis.

<5>The value of the indicator is determined on the basis of information contained in the register of licenses of the Ulyanovsk region on the number of apartment buildings, the management of which is carried out by the managing organization.

This Resolution shall enter into force on the day following the day of its official publication.

Chairman
Government of the region A.A. Smekalin

Regulations:
1. Labor Code Russian Federation;
2. Federal Law No. 426-FZ of December 28, 2013 "On the Special Assessment of Working Conditions" (hereinafter - Law No. 426-FZ);
3. Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22;
4. Decree of the USSR State Committee for Labor, All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20;
4. Letters from the Ministry of Labor.

Description of the situation:
One of the employees, in accordance with the vacation schedule, used annual paid leave in June with additional earned leave added for harmful working conditions. From July to December, additional holidays were accumulated for harmful working conditions, but it is not possible to add them to annual leave, since it has all been used up.

Questions:

How to provide additional leave for harmful working conditions if there are no days of the main annual leave and there is nothing to attach them to? At the same time, the employee refuses to take the days of annual leave in advance, but wants to take advantage of the leave for harmful working conditions, and has the right to do so.
What risks does the company bear if it provides additional leave for harmful working conditions without joining the annual leave?

General provisions:

By virtue of Article 116 of the Labor Code of the Russian Federation, there are several types of annual additional paid holidays, in particular:
- for work in harmful and (or) dangerous working conditions;
- for the special nature of the work;
- for work with irregular working hours;
- for work in the regions of the Far North and equivalent areas.

In addition, additional leave is granted according to the rules of Art. 339 of the Labor Code of the Russian Federation, Art. 348.10 of the Labor Code of the Russian Federation, art. 350 of the Labor Code of the Russian Federation.
Others federal laws the right to additional annual leave is granted to other categories of employees.
Do not confuse an additional vacation with an extended one.
For certain categories workers Labor Code and other federal laws establish an extended basic paid leave lasting more than 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

From the situation described above, we are primarily interested in annual leave for work in harmful and (or) dangerous working conditions.

Persons, working conditions, at whose workplaces, according to the results special evaluation classified as harmful 2nd, 3rd or 4th degree or dangerous, are entitled to certain guarantees, including additional paid leave.

The duration of additional leave is established by sectoral (intersectoral) agreements and a collective agreement, taking into account the results of a special assessment of working conditions, and must be reflected in the employment contract with the employee.

At the same time, it cannot be less than 7 calendar days (part 2 of article 117 of the Labor Code of the Russian Federation).

It should be noted that prior to the adoption of Law N 426-FZ and the introduction of appropriate amendments to Art. 117 of the Labor Code of the Russian Federation, that is, before the introduction of a special assessment of working conditions, when granting additional leave for harmful working conditions, they were guided by regulatory legal acts adopted in the manner established by the Government of the Russian Federation.

One of these acts was the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22.

This List of productions is still used in the part that does not contradict the Labor Code.

This applies, as a rule, to employers who have not yet conducted a special assessment of working conditions at the workplace, and for whom the results of attestation of workplaces are still valid.

Recall that according to part 4 of Art. 27 of Law N 426-FZ, an employer may not conduct a special assessment of working conditions at workplaces in respect of which certification was carried out before 01/01/2014, if 5 years have not passed since the date of its completion. The exception is cases when the employer is obliged to conduct an unscheduled special assessment listed in Part 1 of Art. 17 of Law N 426-FZ.

Thus, if the organization did not conduct a special assessment, but the results of certification are valid, the duration of additional leave for harmful working conditions is established by previously existing regulatory legal acts (lists, lists, etc.).

If a special assessment has been carried out and, based on its results, working conditions at the workplace are classified as harmful of the 2nd, 3rd or 4th degree or dangerous, then the duration of additional leave is established by industry agreements, collective and labor contracts.

Such conclusions are confirmed, in particular, in the Decision of the Armed Forces of the Russian Federation dated 10/14/2014 N AKPI14-918 "On the refusal to satisfy the application for invalidating the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated 11/25/1976 N 38 / 27s".

Please note that if, according to the results of the assessment, the duration of the additional leave for harmful working conditions has changed or the employee is no longer entitled to such leave due to the recognition of the conditions at his workplace as acceptable, do not forget to notify the employee about the change in conditions employment contract for 2 months.

In accordance with Part 2 of Article 120 of the Labor Code of the Russian Federation, when calculating the total duration of annual paid leave, additional paid holidays are added to the main paid leave.
By general rule You cannot replace additional vacation days with monetary compensation:

pregnant women;
minors (under 18 years of age);
working in harmful and (or) dangerous working conditions for work in appropriate conditions (Article 126 of the Labor Code of the Russian Federation).

However, in Part 4 of Art. 117 of the Labor Code of the Russian Federation, an exception is established and from January 1, 2014, compensation can be replaced by part of the additional leave for work in hazardous working conditions exceeding its minimum duration - 7 calendar days, if such a possibility is established by an industry (inter-industry) agreement and a collective agreement and from a written the consent of the employee, drawn up by concluding a separate agreement to the employment contract.

If the number of days of additional leave is less than 7 calendar days or the employee does not agree to compensate for additional days of leave for harmful working conditions, then in our opinion, guided by the provisions of Part 1 of Article 125 of the Labor Code of the Russian Federation, additional leave can be used both together with the main annual leave, and separately on the following grounds:

Based on the literal interpretation of Part 2 of Article 120 of the Labor Code of the Russian Federation and the clarifications of the Letter of the Ministry of Labor of Russia dated February 1, 2002 N 625-BB, this norm is not mandatory, which means that there is no direct ban on the separate use of the annual basic paid leave and the annual additional paid leave, moreover possibility to accumulate unused vacation parts labor law does not provide.

It should be noted that in the legal literature there are no explanations on this issue, arbitrage practice also not formed.

By virtue of part 1 of article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.
We believe that from the content of this part it follows that its provisions apply to both annual basic paid holidays and annual additional paid holidays, including when they are used separately.

The Labor Code of the Russian Federation does not establish exceptions to the rule specified in the part, but we repeat, one part must be at least 14 calendar days.

In the above situation, the number is not indicated extra days leave for work in harmful and (or) dangerous working conditions.

However, it is necessary to analyze the identified issues of the Customer in the context of the rules for calculating the duration of annual basic and additional paid holidays for employees and the length of service giving the right to leave.

According to the rules of Part 1 of Art. 120 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is calculated in calendar days and maximum limit is not limited. Non-working holidays falling on the period of annual basic or additional paid leave are not included in the number of calendar days of leave.

And here we note that if the duration of additional leave is set in working days (for example, when granting leave for harmful working conditions, when the employer has not yet carried out a special assessment and uses the List of Production to determine the duration of additional leave), then when calculating the total duration of annual paid leave, be guided by the Letter of the Ministry of Labor of Russia dated February 1, 2002 N 625-BB.

In such cases, a certain number of days of the main vacation in calendar days is counted from the start date of the vacation, and then a certain number of days of additional vacation in working days per 6-day working week and the date of the last day of vacation is determined.

After that, the total vacation period is converted into calendar days, which will be the total duration of annual paid leave.

In addition, the provisions of the Instruction on the procedure for its application, approved by the Decree of the USSR State Labor Committee, the All-Russian Central Council of Trade Unions of November 21, 1975 N 273 / P-20 (hereinafter referred to as the Instruction), apply to employers using the List of Productions.

According to paragraph 18 of the Instruction, if an employee is entitled to additional leave due to harmful working conditions for several reasons, leave is granted on one of these grounds.

By virtue of h. 2 Article. 122 of the Labor Code of the Russian Federation, the right to use leave for the first year of work arises for the employee after 6 months of his continuous work this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of 6 months.

But by virtue of clause 8 of the Instruction, full additional leave for work in harmful conditions according to the List of industries is provided if the employee actually worked in industries, in workshops, in professions and positions with harmful working conditions for at least 11 months in the working year.

If less than this period is worked out, leave is granted in proportion to the hours worked.
Thus, when drawing up a vacation schedule, when calculating the duration of vacation for work in harmful conditions, some employers will still have to take into account the provisions of the Instruction.

The periods of work that are included, and which are not included in the length of service, giving the right to the annual basic paid leave, are established in Art. 121 of the Labor Code of the Russian Federation.

As mentioned above, additional leave in full for work in harmful conditions is provided to an employee if he has worked for at least 11 months in a working year.

The length of service that gives the right to such leave includes only the time actually worked under the appropriate conditions (part 3 of article 121 of the Labor Code of the Russian Federation).

The procedure for calculating the length of service in organizations where, according to the results of a special assessment of workplaces, working conditions are classified as harmful of the 2nd, 3rd or 4th degree or dangerous, has not been established. We assume that the procedure provided for by the Instruction should be applied.

Thus, additional leave, as agreed by the parties to the employment contract, can be used both together with the main annual leave, and separately from it, including according to the rules of part 1 of article 125 of the Labor Code of the Russian Federation.

At the same time, we draw your attention to the fact that the division of vacation into parts is the right, first of all, of the employee, and not of the employer.

Therefore, the employee has the right to decide how to dispose of the leave due to him by law.

Irina Pitunova, Senior Associate, Head labor practices Timofeev/Cherepnov/Kalashnikov.
Contacts for communication:
Tel.: +7 831 430 52 25, 430 52 20
Email: [email protected] website

Decree n 273 p 20. Conditions for granting leave for harmful working conditions. Appendix. Instructions on the procedure for applying the List of industries, shops of professions and positions with harmful working conditions, work in which gives the right to additional leave

STATE COMMITTEE OF THE USSR COUNCIL OF MINISTERS ON LABOR AND WAGES

RESOLUTION dated November 21, 1975 N 273 / P-20

ON THE APPROVAL OF THE INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE LIST OF PRODUCTION SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL VACATION AND A REDUCED WORKING DAY

INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE LIST OF PRODUCTIONS, SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL VACATION AND A REDUCED WORKING DAY

I. General provisions

II. Additional leave

III. Half-holiday

Appendix. Instructions on the procedure for applying the List of industries, shops of professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day

I. General provisions

II. Additional leave

III. Half-holiday

RESOLUTION
dated November 21, 1975 N 273 / P-20