Employment contract with a labor protection specialist (filling sample)

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See also: Job description of a labor protection engineer

An employment contract with an occupational safety engineer can be classified as an employment contract with specialists, therefore an employment contract with an occupational safety engineer is subject to all the general rules of such contracts. The employment contract with the labor protection engineer , as well as its appendix, the job description, indicates the knowledge, skills, and qualification requirements that the labor protection engineer . He must possess these skills and abilities to ensure the completion of the tasks required to complete the project.

Requirements for a labor protection engineer

The employment contract with the labor protection engineer defines the following job responsibilities:

• exercise control over compliance in the divisions of the enterprise with legislative and other regulatory legal acts on labor protection, over the provision of established benefits and compensation to employees for working conditions;
• study working conditions in the workplace;
• prepare and make proposals for the development and implementation of more advanced designs of fencing equipment, safety and blocking devices, and other means of protection from the effects of hazardous and harmful production factors;
• participate in inspections and surveys of the technical condition of buildings, structures, equipment, machines and mechanisms, the efficiency of ventilation systems, the condition of sanitary devices, sanitary facilities, means of collective and individual protection of workers, determine their compliance with the requirements of regulatory legal acts on the protection labor and when violations are identified that pose a threat to the life and health of workers or may lead to an accident, take measures to stop the operation of machines, equipment and work in workshops, areas, and workplaces;
• carry out work with other divisions of the enterprise on certification and certification of workplaces and production equipment for compliance with labor protection requirements.

An employment contract with an occupational safety engineer or its annex (job description) indicates the knowledge and skills that an occupational safety engineer must have to perform his duties.

A labor safety engineer who is hired and fired by order of the director of the enterprise belongs to the category of specialists .

A person with a higher professional (technical) education is appointed to the position of occupational safety engineer.

The main functions of a labor protection engineer are :

• exercise control over compliance with legislative and other regulatory legal acts on labor protection;
• develop measures to prevent occupational diseases and accidents at work;
• methodically provide relevant issues;
• submit prescribed reports.

Employment contract with a labor protection specialist

Limited Liability Company "Beta" LLC "Beta"

EMPLOYMENT CONTRACT

03.10.2016 № 5/2016

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented by General Director Alexander Ivanovich Petrov, acting on the basis of the Charter, on the one hand, and Sergey Sergeevich Mikhalkov, hereinafter referred to as the "Employee", on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this employment agreement (hereinafter referred to as the Agreement) as follows:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes, the performance of labor duties as an occupational safety specialist in the occupational safety service. 1.2. This Agreement governs labor and directly related relations between the Employee and the Employer. 1.3. The work under this Agreement is the main one for the Employee. 1.4. The Employee's place of work is Beta LLC. 1.5. In order to verify the suitability of the position held, the Employee is subject to a three-month trial. 1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period. 1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement. 1.8. Working conditions at the Employee’s workplace are acceptable (class 2).

2. DURATION OF THE AGREEMENT

2.1. The employee undertakes to begin performing his work duties from October 3, 2021. 2.2. This Agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties provided for in this Agreement, the Employee is paid a salary that includes: 3.1.1. Official salary in the amount of 30,000 (Thirty thousand) rubles per month.3.1.2. Compensation payments (additional payments for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees. 3.1.3. Incentive payments (quarterly, annual and one-time bonuses), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonus payments to employees. 3.2. Salary is paid to the Employee within the following terms: for the first half of the month (advance) - on the 20th of the current month, for the second half of the month - on the 5th of the next month. The advance is paid taking into account the time actually worked, but not less than 1000 (One thousand) rubles. The Employee's salary is paid by issuing cash at the Employer's cash desk. At the request of the Employee, it is allowed to pay wages in non-cash form by transferring it to the bank account specified by the Employee. 3.3. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. LABOR FUNCTION OF AN EMPLOYEE

4.1. The employee performs the following job duties: – participates in the organization and coordination of labor protection work at Beta LLC; – participates in the development and control of the functioning of the occupational safety management system at Beta LLC in accordance with state regulatory requirements for occupational safety, with the goals and objectives of the organization, recommendations of interstate and national standards in the field of occupational safety and health; – participates in determining and adjusting the direction of development of the professional risk management system in the organization based on monitoring changes in legislation and best practices in the field of labor protection, as well as based on the modernization of technical equipment, goals and objectives of Beta LLC; – monitors compliance in the structural divisions of Beta LLC with legislative and regulatory legal acts on labor protection, carrying out preventive work to prevent industrial injuries and occupational diseases, implementing measures aimed at creating healthy and safe working conditions in Beta LLC, providing employees with established guarantees and compensation for working conditions; – other job duties provided for by Job Instruction No. 319-DI dated January 10, 2014.

5. WORKING AND REST TIME

5.1. The employee has a work week of five days with two days off - Saturday and Sunday. The time and duration of breaks for rest and food comply with the internal labor regulations in force at the Employer. 5.2. The duration of the Employee's daily work is eight hours. In this case, the Employee is assigned an irregular working day. Under the terms of this regime, an employee may, if necessary, be occasionally involved in performing work duties beyond the established working day.5.3. The employee is provided with annual basic paid leave of 28 (twenty-eight) calendar days and annual additional paid leave for irregular working hours of three calendar days. 5.4. For family reasons and other valid reasons, the Employee may be granted leave without pay based on his written application. The duration of this vacation is determined by agreement of the Parties. 5.5. An employee may be required to work on weekends and non-working holidays, and to work overtime in cases and in the manner provided for by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

6.1. The employee has the right: 6.1.1. To provide him with work stipulated by this Agreement. 6.1.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed. 6.1.3. Rest, including paid annual leave, weekly days off, non-working holidays. 6.1.4. Compulsory social insurance in cases provided for by federal laws. 6.1.5. The employee has other rights provided for by the current legislation of the Russian Federation and other regulatory legal acts containing labor law standards, and local regulations of the Employer.

6.2. The employee is obliged to: 6.2.1. Conscientiously fulfill his labor duties assigned to him by this Agreement, the Job Description, and other local regulations of the Employer (including the Regulations on Trade Secrets), with which he was familiarized with his signature. 6.2.2. Conscientiously and timely carry out orders, instructions, instructions from the head of the labor protection service of Beta LLC, comply with established labor standards, comply with the internal labor regulations adopted by the Employer, with which he was familiarized with his signature. 6.2.3. Maintain labor discipline. 6.2.4. Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees. 6.2.5. Use the equipment, tools, documents, and materials assigned to him for work correctly and for the intended purpose. 6.2.6. Not to disclose information constituting a trade secret of the Employer that became known to him in connection with the performance of his official duties. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets. 6.2.7. Comply with the requirements for labor protection and occupational safety, occupational safety, industrial sanitation, fire safety, with which he was familiarized with his signature. 6.2.8. Immediately inform the General Director of Beta LLC and your immediate supervisor (the head of the labor protection service) about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property). 6.2.9. The list of other labor responsibilities of the Employee is determined by the current legislation, the Job Description, as well as local regulations of the Employer, with which the Employee was familiarized with his signature.

7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

7.1. The employer has the right: 7.1.1. Encourage the Employee for conscientious and effective work. 7.1.2. Require the Employee to fulfill the job duties specified in this Agreement, the Job Description, to take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, to comply with the provisions of the current from the Employer of local regulations, with which the Employee was familiarized with signature. 7.1.3. Bring the Employee to disciplinary and financial liability in the manner and under the conditions provided for by the current legislation of the Russian Federation. 7.1.4. Adopt local regulations in accordance with the procedure established by law. 7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, and local regulations of the Employer.

7.2. The employer is obliged: 7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, and the terms of this Agreement. 7.2.2. Provide the Employee with work stipulated by this Agreement. 7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties. 7.2.4. Ensure the safety of the Employee’s work and working conditions that comply with state regulatory labor protection requirements. 7.2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement. 7.2.6. Maintain a work record book for the Employee in the manner established by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms. 7.2.7. Process the Employee’s personal data and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer. 7.2.8. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity. 7.2.9. Provide for the Employee’s everyday needs related to the performance of his job duties. 7.2.10. Insure the Employee under compulsory social insurance in the manner established by the federal laws of the Russian Federation. 7.2.11. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, local regulations, agreements and this Agreement.

8. EMPLOYEE SOCIAL INSURANCE

8.1. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against industrial accidents and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation. 8.2. An employee has the right to additional insurance (voluntary medical insurance) under the conditions and in the manner established by the Regulations on the social package of employees.

9. WARRANTY AND COMPENSATION

9.1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensation provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.

10. RESPONSIBILITY OF THE PARTIES

10.1. In case of failure or improper performance by the Employee of his work duties without good reason, violation of labor legislation, the provisions of the local regulations in force at the Employer, with which the Employee was familiarized with signature, as well as causing material damage to the Employer, the Employee bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation. 10.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee. 10.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

11. TERMINATION OF AN EMPLOYMENT CONTRACT

11.1. The grounds for termination of this Agreement are: 11.1.1. Agreement of the Parties. 11.1.2. Termination of this Agreement at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer about this in writing no later than two weeks before the expected date of termination of this Agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter. 11.1.3. Termination of this Agreement at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation). 11.1.4. Other grounds provided for by the labor legislation of the Russian Federation. 11.2. The day of dismissal of the Employee is the last day of his work, except for cases provided for by law.

12. FINAL PROVISIONS

12.1. This Agreement comes into force from the moment it is signed by both Parties. All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties. 12.2. This Agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee. 12.3. If a dispute arises between the Parties, it shall be resolved through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not resolved through negotiations, it will be resolved in the manner established by the current labor legislation of the Russian Federation. 12.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulations of the Employer.

Before signing this Agreement, the Employee is familiarized with the following local regulations of the Employer:

I received a copy of the Agreement:

10/03/2016 ________________ S.S. Mikhalkov

Sample employment contract with a labor protection engineer

Ensuring labor protection for persons working on the basis of civil contracts is not the employer’s obligations, since these relations are not subject to labor law norms. The exception is the requirement to conduct an introductory briefing on labor protection for this category of persons, which should be recorded in a separate logbook.

On the one hand, in accordance with Part 9 of Art. 11 of the Labor Code of the Russian Federation, labor legislation does not apply to persons working on the basis of civil law contracts.

But at the same time, indications of the need to conduct labor safety briefings in relation to performers operating on the territory of the organization can also be found in individual regulations.

For example, according to clause 7.2.2 of GOST R 12.0.007-2009 (Occupational safety management system in an organization. General requirements for development, application, evaluation and improvement), when performing work on the territory of the organization, performers are exposed to the same risks as employees organizations. Therefore, before starting work, it is necessary to instruct employees of contracting organizations and require them to comply with labor protection at the organization’s site. And by virtue of clause 4.10.5.2 of GOST 12.0.230-2007 (Occupational Safety and Health Management Systems. General Requirements), activities for contractors working on the organization’s site must, in particular, ensure familiarization with the hazards of the workplaces of contractors and/or their employees, as well as their briefing at the workplace before starting work in order to ensure the safety and health of the contractor’s employees in the process of performing work at the organization’s site.

However, these instructions are advisory and not mandatory. However, some courts use the above rules to substantiate the thesis that conducting labor safety briefings is typical not only for labor relations, but also for relations arising from a civil contract (for example, the ruling of the Chelyabinsk Regional Court dated August 14, 2017 No. 11-10466/2017, Samara Regional Court dated 09/06/2016 No. 33-11708/2016).

What is the opinion of the Russian Ministry of Labor on this issue? Previously, in the department’s letter dated September 30, 2016 No. 15-2/OOG-3495 with reference to Art. 11 of the Labor Code of the Russian Federation explained that induction training is not carried out for persons working under civil law contracts, since labor legislation and other acts containing labor law standards do not apply to such persons.

Now the department adheres to the opposite point of view, reinforcing it in clause 2.1.2 of the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, according to which not only employees of the organization, but also employees of third-party organizations performing work undergo induction training at the workplace in the allocated area, as well as other persons participating in the production activities of the organization.

Our opinion: since for persons working under civil contracts, in accordance with Art. 11 of the Labor Code of the Russian Federation does not apply to labor legislation; they are not required to carry out labor safety training. However, in order to minimize its liability in the event of negative consequences as a result of the contractor’s violation of labor protection rules, the customer should, in a civil contract with the contractor, stipulate his obligations to comply with labor protection rules when carrying out a certain type of work.

At the same time, if performers under civil contracts carry out work on the territory of the organization, they need to undergo induction training.

Reason: Letter of the Ministry of Labor and Social Protection of the Russian Federation dated May 17, 2019 No. 15-2/OOG-1157

Labor protection measures included in the agreement

When the document in question is generated, it must indicate a certain list of activities. These include:

1. Organizational type. It is assumed that an assessment is made of the conditions in which citizens work. This must be done at least once every five years. The agreement specifies the conditions that an individual employee can use.
2. Conducting qualification testing and training related to the area in question. This must be done every year.
3. Formation of instructions related to the safety of the activities performed.
4. Drawing up a list of professions that require additional fees. The reason is the connection with activities that affect life and health.
5. There are also technical events. It is envisaged that a check will be carried out regarding what conditions exist in the company. The current standards and requirements of the sanitary plan are taken into account.
6. All workers should receive personal protective equipment. Responsibility for ensuring it falls on an individual employee of the company. This is necessary to ensure that work is carried out safely.
7. In addition, attention must be paid to fire safety. Management takes upon itself the responsibility to create acts prescribing rules of conduct for citizens during the outbreak of a fire. It is also necessary to install alarms that would warn of the occurrence of fire in the premises. This includes the formation of an evacuation scheme.

In order for a particular company to comply with all the rules, it is necessary to form a commission. It includes the management of the organization and citizens who are responsible for the implementation of safety regulations. These persons are obliged to check the fulfillment of the listed conditions every year, 2 times.

What is a labor protection agreement

In 1995, “Recommendations for planning activities related to occupational safety” were formed. However, in 2013, this act lost force due to the fact that an order developed by the Ministry of Labor came into force. Despite this, the structure of the agreement in question is standard. The goal is to protect the activities of the company, or rather its employees, during the performance of their functions. The agreement must describe:

• deadlines established for the implementation of actions of protective significance in the world of work;
• citizens who are responsible for the implementation of security measures.

In practice, this agreement can take several forms. In particular, this is executed in the form of a separate act or as an annex to the main agreement. Most often, a table is used to draw up a contract. Authorized employees of the company state in it:

• measures aimed at labor protection;
• price for execution of work;
• the number of citizens working in the company;
• the period allocated for the performance of work.

In addition, it should be stated who is responsible for the production of a particular event. Often you will need to indicate the name of the action being carried out, the period and an indication of the person responsible for it. When the deed is formed, signatures must be placed on it.

Signs are affixed to the company management and citizens who are responsible for the implementation of safety regulations.