When an occupational safety specialist can combine other functions
Main
- One employee combines two or more functions, usually in small companies, but large organizations often resort to combining
- The combination presupposes having the necessary education, qualifications and work experience
- Along with new functions, the specialist takes on additional responsibility, including criminal responsibility.
- Additional functions of a labor protection specialist must be included in the employment contract
Security is a broad concept. This includes labor protection, production control, civil defense, and many more areas.
In a good way, each of these areas in the organization requires a separate full-time specialist, or even an entire department. However, in medium and small organizations this is not necessary. It is more convenient and cost-effective for the employer to have one occupational safety specialist perform several functions at once. For example, along with labor protection, he was also responsible for fire safety and the environment. After all, it seems that the functionality of these positions is very similar.
Employees themselves are not against additional responsibilities for extra pay if they are compatible with their main job. But willingness to work for two is not enough. There are conditions under which combination is unacceptable.
Additional functions must correspond to the qualifications and experience of the employee
Employees assigned the functions of other specialists must comply with the standards and requirements established in industry regulations. For example, an organization operates a hazardous production facility (hereinafter referred to as HPF). Such facilities require production control. This is established by the Rules for the organization and implementation of production control (approved by Decree of the Government of the Russian Federation of March 10, 1999 No. 263; hereinafter referred to as the Rules).
The operating organization is obliged to organize production control (clause 3.1 of the Rules). She develops a regulation that contains the control procedure. A responsible employee must supervise this procedure. The manager has a choice:
note
In 2001, the Ministry of Labor approved Intersectoral standards for the number of occupational safety and health workers in organizations (Resolution of the Ministry of Labor of Russia dated January 22, 2001 No. 10). The document indicates how many specialists are needed in the organization, based on the number of employees in it
- introduce a position and hire a new employee who will be responsible for production control at hazardous production facilities;
- assign the responsibility for industrial control to a labor protection specialist who is already on staff and has been trained in industrial control.
If the employer has chosen the second option, he offers the combination to a labor protection specialist.
Before agreeing, check what requirements apply to the person in charge. Paragraphs 8 and 9 of the Rules state that the person responsible for production control at a hazardous production facility must have:
- higher technical education corresponding to the profile of the production facility;
- work experience at hazardous industrial enterprises in the industry for at least 3 years;
- certificate confirming completion of industrial safety certification.
If a specialist does not meet all three points, combination is impossible. You should tell your manager about this. Otherwise, if an accident or accident occurs, the blame may fall on the responsible employee and he will have to answer equally with the manager.
When can you opt out of additional features?
A specialist has the right not to take on additional functions, even if he is qualified by education, qualifications and experience. The refusal can be motivated by high employment at the main job.
How to arrange a combination correctly
If you nevertheless agree to the manager’s proposal, then the combination must be formalized correctly.
The employer offered a combination and promised to pay extra - ask for documentary evidence. It is not enough to issue an order assigning additional duties. It is necessary to draw up an additional agreement to the employment contract. In it, the employer indicates the duration of the combination, the amount of additional remuneration and additional responsibilities (Article 151 of the Labor Code of the Russian Federation).
MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
LETTER
dated November 17, 2021 No. 14-2/B-1012
The Department of Remuneration, Labor Relations and Social Partnership of the Ministry of Labor and Social Protection of the Russian Federation reviewed the letters dated October 10, 2021. No. ST-508, dated October 4, 2021. No. ST-488, dated October 4, 2021. No. ST-487, dated October 10, 2021. No. ST-507, dated October 09, 2021 No. ST-501 on the application of labor legislation and reports.
In accordance with the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 19, 2012 No. 610, the Ministry of Labor of Russia provides clarifications on issues within the competence of the Ministry in cases provided for by the legislation of the Russian Federation.
Opinion of the Russian Ministry of Labor on the issues contained in the letters dated October 10, 2021. No. ST-508, dated October 4, 2021. No. ST-488, dated October 4, 2021. No. ST-487, dated October 10, 2021. No. ST-507, dated October 09, 2021 No. ST-501 is not an explanation or a normative legal act.
1. Part-time working time is a part-time working day (shift) or part-time working week.
In accordance with Part 1 of Article 93 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), by agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week , including dividing the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.
By virtue of Part 2 of Article 93 of the Code, the employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out work caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
Based on the meaning of the above article, one of the parents of a child under the age of fourteen has the right to establish part-time work.
Based on the foregoing, we believe that in order to establish the fact that the second parent of a child under fourteen years of age has not used the right to part-time work (a week) on the same basis, the employer has the right to request a certificate about his working hours.
2. Temporary performance of duties of an absent employee.
By virtue of Part 1 of Article 59 of the Code, during the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, a fixed-term employment contract is concluded .
In accordance with Article 16 of the Code, labor relations arise between an employee and an employer on the basis of an employment contract.
According to Article 57 of the Code, one of the mandatory conditions of an employment contract is the employee’s labor function (work in a specific position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of assigned work).
Thus, an employment contract with an employee can be concluded for one specific job function.
3. About part-time working hours.
According to Article 282 of the Code, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.
According to the general rule set out in Article 284 of the Code, the duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from work duties at his main place of work, he can work part-time full time. However, even in this case, the total duration of work of a part-time worker in the accounting period cannot exceed half of the standard working time established for the corresponding category of workers.
Part-time working time is a part-time working day (shift) or part-time working week.
According to Article 93 of the Code, part-time work can be established by agreement between the employee and the employer, both upon hiring and subsequently.
Specific conditions of work in part-time mode: duration of the working week, working day (shift), conditions of remuneration, must be regulated in addition to the employment contract, if this working mode is established for the employee in the process of work,
In accordance with Article 108 of the Code, during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.
The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.
We believe that the provisions of Article 108 of the Code are imperative in nature and are binding on the employer, regardless of the working hours established in the organization or the length of the working day (shift).
This position is confirmed by the Resolution of the Eighteenth Arbitration Court of Appeal dated March 2, 2010 No. 18AP-1088/2010 in case No. A47-4983/2009.
In accordance with Article 91 of the Code, the employer is obliged to keep records of the time actually worked by each employee.
4. And also about part-time work.
In accordance with Article 60.1 of the Code of the Russian Federation, an employee has the right to enter into employment contracts to perform, in his free time from his main job, other regular paid work for the same employer (internal part-time work) and (or) with another employer (external part-time work).
The specifics of part-time work are regulated by Chapter 44 of the Code.
Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Article 282 of the Code).
According to Part 5 of Article 282 of the Code, it is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main work is related to the same conditions, as well as in other cases provided for by the Code and other federal laws.
According to the general rule set out in Article 284 of the Code, the duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from work duties at his main place of work, he can work part-time full time. However, even in this case, the total duration of work of a part-time worker in the accounting period cannot exceed half of the standard working time established for the corresponding category of workers.
The employer is obliged to keep records of the time actually worked by each employee (Article 91 of the Code).
5. Place of work and travel to a branch, representative office or other separate division of the organization
In accordance with Part 2 of Article 57 of the Code, the mandatory conditions of an employment contract include, in particular, the employee’s place of work, and in the case where the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location.
The place of work is understood as a specific organization (if the employer is a legal entity) that has its own name containing an indication of the organizational and legal form.
In this case, the place of work can be either the location of the organization or a branch, representative office or other separate structural unit of the organization located in the same or in a different area.
Specifying the place of work indicating the structural unit is not a prerequisite for inclusion in the employment contract. Indication of the structural unit of the organization and its location is mandatory only in the case when the employee is hired or transferred to work in a branch, representative office or other structural unit of the organization located in another locality (Part 2, Article 57 of the Code).
According to Article 166 of the Code, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work.
In accordance with paragraph 3 of the Regulations on the peculiarities of sending employees on business trips, approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749, the trip of an employee sent on a business trip on the basis of a written decision of the employer to a separate unit of the sending organization (representative office, branch) located outside the permanent work is also considered a business trip.
Business trips of employees whose permanent work is carried out on the road or has a traveling nature are not recognized as business trips.
If the employees’ trips are not of a permanent nature and in each case are carried out by separate order of the employer, then these trips should be considered as business trips.
Deputy Director
Department of remuneration and labor relations
and social partnership
T.V. Malenko
