Many managers are familiar with the certification of workplaces according to working conditions. Regulates such checks the federal law under the number No. 426-FZ, where this procedure is called a special assessment of the working conditions of workers. In this article, we will talk about whether it is necessary to carry out SATS for office workers, and if so, what nuances the director of the organization should know.

The main thing to know

This check is necessary in order to assess the level of impact on employees during their professional activity. The use of funds is also assessed. personal protection personnel. This is a whole range of procedures that are designed to detect all the negative factors that may be in a person’s workplace. Everyone who was registered with the tax authority as an individual entrepreneur or entity. After carrying out this procedure, each place is assigned its own class, based on the level of harmfulness. The employer pays for the event. The certification is repeated every 5 years.

As for office staff

Until the Federal Law on SOUT came out, office workers were not subjected to such a check. But since 2015 the situation has changed. Now everyone who works with computer technology are also being tested. The only exceptions are home and remote employees. But the SOUT for the office has a simplified form, there is no examination and measurement, which are provided for by law. If the commission does not detect harmful conditions, then a declaration is filled in that the place meets state requirements and the person can work here. This declaration is valid for five years. However, when an accident occurs at work, it is possible to carry out a second unscheduled inspection.

SOUT for the office has a simplified form.

It should be noted that only those places where a person spends more than 50% of his working time on computer equipment are subject to certification. If less, then no verification is required.

Simplified form

The reasons why simplified certification is carried out in the office are as follows:

• There are many identical workplaces in offices, and therefore the commission does not need to check them all, 20% is enough.
• Some office employees work remotely and certification does not apply to them.
• Measurements and examinations are not carried out if no harmful factors are found at work, and they usually do not exist in offices.

But still, unhealthy factors in offices are present, they are:

• The EM field that occurs due to the operation of office equipment.
• The work of employees is intense.
• Work surfaces may create glare.

But the commission does not consider the listed factors to be unequivocally harmful, therefore, it simply does not take them into account when conducting the SOUT. Documentation for office equipment is not subject to verification, therefore it is not possible to prove its safety. And the intensity of work is a thing that is generally difficult to classify and is subjective.

In conclusion

In 2017, companies that have not yet implemented SOUT in their offices should definitely do this in order to avoid problems with regulatory authorities. You should not be afraid of such a check, because it has a simplified form, and the commission rarely finds fault. After a special assessment of the working conditions of office workers, the employer receives an appropriate declaration, which will have to be received again after five years.

Therefore, in conclusion, we say that, according to the new federal law, certification of workplaces of office workers is mandatory for all individual entrepreneurs and legal entities.

Although there is a lot of talk at various levels that a special assessment of working conditions should be carried out at all workplaces, individuals still try to find out if it is possible not to conduct a SAW? I would like to answer bluntly that it is not possible. But let's try again to substantiate the answer to this question.

So, the special assessment began to operate on the territory of the Russian Federation from January 1, 2014, when Law No. 426-FZ came into force, fully regulating the procedure. Some confusion in the conduct of SOUT on initial stage the relevant ministries have submitted, emphasizing that there is no need to rush into this matter and the demands of some officials for the immediate implementation of the assessment have no basis. Practice has shown that, exceeding the authority, they demanded that enterprises immediately document the conduct of a special assessment. There were even cases when the tax authorities did not accept reports without such confirmation.

There should be no haste in this procedure, but the requirements of the law must be met. So let's go through the rules and regulations.

SOUT is not carried out only at the workplaces of homeworkers, remote workers and those who are not registered, as individual entrepreneur, since the presence of RM in them is very difficult to establish, since more often they are simply absent. So it follows that only the categories listed above can positively answer the question of whether it is possible not to carry out SATS.

Everyone else will not evade the mandatory procedure and will have to carry it out on time, that is, every five lei. The deadline will be calculated from the day the last report was approved.

At those enterprises where, before the day the special assessment was introduced in Russia, certification of workplaces was carried out for the study of working conditions, the SAUT may not be carried out for five years from the date of the AWP. The exception is unscheduled events for which there are special reasons.

If dangerous and harmful factors are not detected at the workplace, the employer will have to send declarations to Rostrud of the compliance of working conditions at the workplaces of their enterprises with state requirements. They will be valid for five years, or until the moment when an accident occurs or the worker is diagnosed with an occupational disease.

The absence of the above grounds ensures automatic prolongation of the declaration for another five years. At the same time, there is no need for evaluation activities at this workplace.

We talked about the possibility of not conducting a special assessment. We hope that all persons responsible for its implementation, learned one truth: evading such a procedure later costs much more than the investments that the employer will have to invest in the implementation

In accordance with Part 3 of Article 3 of Law N 426-FZ, all jobs are subject to special assessment, regardless of the organizational and legal form of the organization. The exception is, as well as employees who have entered into labor Relations with non-IP.

The deadline for submission is no later than 30 working days from the date of approval of the report on the special assessment.

The declaration form is in accordance with Appendix N 1 to the Order of the Ministry of Labor of Russia of 07.02.2014 N 80n (as amended by the Order of the Ministry of Labor of Russia of November 14, 2016 N 642n).

The declaration is submitted by the employer to the state labor inspectorate in the constituent entity of the Russian Federation at the place of its location or the location of its branch or representative office in person or by mail with a description of the attachment and a notice of receipt. It is allowed to send a declaration in the form electronic document, signed by the qualified EDS of the employer, by filling out the appropriate form on the official website of Rostrud (not available for all subjects of the Russian Federation).

The validity of the declaration is 5 years from the date of approval of the report on the special assessment. After the expiration of the period and in the absence of circumstances from part 5 of article 11 of Law N 426-FZ, the validity of the declaration is extended for the next 5 years. Thus, it is not required to conduct a repeated special assessment at the declared workplaces.

It is also worth noting that a declaration can only be submitted for workplaces where a special assessment was carried out, and not attestation of workplaces for working conditions, the results of which have not expired.

With the classification according to working conditions, it seems clear, but what are job classes?

This is a classification that combines jobs into groups, and one of the important criteria for such a division is the level of mechanization of the work process. Each group has its own recommendations on the organization of work, which the employer should adhere to. There are now five such groups: jobs for self made, places for machine-manual work, mechanized jobs, automated jobs, hardware jobs. More about their differences.

How to conduct a special assessment at an individual entrepreneur if his office is located in an apartment?

With regard to the working conditions of homeworkers, a special assessment.

When introducing a new position into the staffing table, when should a special assessment be carried out? If the organization moves to another location, is it necessary to conduct a special assessment again?

If the introduction to staffing new position, as well as moving the organization to another premises can be equated with the commissioning of newly organized workplaces, then an unscheduled special assessment of working conditions is carried out at such workplaces within 12 months from the date of the occurrence of these cases (in accordance with paragraph 1 of part 1 of article 17 of the Law N 426-FZ).

According to the results of a special assessment, an electric and gas welder is entitled to a 4% supplement to his salary, but this employee does not work all the days at welding. How is the fee paid in this case? Based on the time spent in harmful conditions?

It is advisable to increase the salary of an employee by at least 4 percent tariff rate(salary) and establish an additional payment not only for the time spent directly in harmful working conditions, but for the entire time of work.

In accordance with Article 147 of the Labor Code of the Russian Federation, the remuneration of workers employed in work with harmful working conditions is set at an increased rate. The minimum wage increase for workers employed in jobs with harmful working conditions is 4 percent of the tariff rate (salary) established for various kinds work under normal working conditions. At the same time, the Labor Code of the Russian Federation does not provide for remuneration of workers employed in work with harmful working conditions in an increased amount only for the time actually worked out in harmful working conditions. This option has been established Labor Code RF (Article 121) only in relation to annual additional paid leave for employees employed in work with harmful (dangerous) working conditions.

In June we get the result of a special assessment. There are additional workers. tariff. From what period do you need to charge extra. tariff: from June or earlier?

Calculate additional the tariff is necessary from the date of entry into force of the results of the special assessment, i.e. from the date of approval of the report on the special assessment of working conditions.

And how to make an assessment: can you do it yourself or do you need to contact specialized companies?

The law establishes that the assessment can be carried out by specialized organizations that have everything necessary for this and in without fail certified equipment. After all, you may have to measure such indicators as humidity, illumination, vibration, etc. and here you can not do without specialized equipment. To make sure that the company is authorized to make such an assessment, it is worth checking its presence in the register on the website of the Ministry of Labor. EcoStar Company, the partner of this issue of the Card Index, is registered in this list under

" № 10/2016

What are the deadlines for assessing working conditions in the workplace? In what cases should an employer conduct an unscheduled inspection? For whom can a phased special assessment be carried out? What liability is provided for violations of the assessment procedure?

We have already written more than once on the pages of our magazine about the procedure for conducting a special assessment of working conditions at workplaces. But since this procedure is quite new, mistakes are often made during its implementation, which result either in fines, and not at all small ones, or in litigation with employees. After all, they have the right to challenge the results of the assessment. In addition, some employers who have not yet conducted a special assessment are held administratively liable for not conducting it. But based on the judicial practice that is beginning to take shape, this is not always legal. In the article, using examples of court decisions, we will consider what violations employers can make in the field of special assessment.

The timing of the special assessment.

Perhaps one of the main questions of interest to many employers who have not yet conducted a special assessment of working conditions in the workplace is when should they do this?

Let us first turn to paragraph 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ), according to which it is carried out at least once every five years, unless otherwise provided by this law.

Moreover, by virtue of paragraph 4 of Art. 27 of Law No. 426-FZ, if prior to the date of entry into force of this law, that is, before 01/01/2014, certification of working conditions was carried out in relation to workplaces, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of certification. At the same time, the results of the latter are used in the same way as the results of the special assessment, for the purposes referred to in Art. 7 of Law No. 426-FZ.

However, there are exceptions to the rule.

1. The employer must conduct an unscheduled special assessment of working conditions in the cases established by Art. 17 of Law No. 426-FZ:

• commissioning of newly organized workplaces (clause 1 of part 1);
• receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment in connection with violations of the requirements of Law No. 426-FZ and other labor protection requirements identified during the supervision of compliance with labor legislation (clause 2, part 1);
• change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 3, part 1);
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 4, part 1);
• change in the means of individual and collective protection used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 5, part 1);
• an industrial accident that occurred at the workplace (except for a case that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors (clause 6, part 1);
• availability of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions (clause 7, part 1).

The period for conducting an unscheduled inspection is 12 months from the date of occurrence of the cases specified in clauses 1 and 3 of part 1 of Art. 17 of Law No. 426-FZ, and 6 months from the date of occurrence of the cases specified in clauses 2, 4 - 7, part 1 of Art. 17 of Law No. 426-FZ.

Note

Until 05/01/2016, the period for conducting an unscheduled inspection for all cases was six months.

2. In relation to the jobs specified in Part 7 of Art. 9 of Law No. 426-FZ, a special assessment of working conditions is carried out taking into account the features established by the Ministry of Labor in agreement with the federal executive body responsible for developing state policy and legal regulation in the relevant field of activity. Until such features are established, the general procedure provided for by Law No. 426-FZ is applied.

note

The list of jobs in organizations that carry out certain types activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the authorized federal executive body, approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290.

We also note that according to part 6 of Art. 27 of Law No. 426-FZ in relation to jobs not specified in Part 6 of Art. 10 of Law No. 426-FZ, a special assessment of working conditions can be carried out in stages and must be completed no later than 12/31/2018.

A staged special assessment procedure cannot be carried out in relation to jobs
Employees, professions, positions whose specialties are included in the lists of jobs, industries, professions, positions, specialties, taking into account which an old-age pension is assigned ahead of schedule	In connection with work in which, in accordance with legislative and other regulatory legal acts, guarantees and compensations are provided for work with harmful and (or) dangerous working conditions	Where harmful and (or) dangerous working conditions were established based on the results of previous certification on working conditions or special assessments

It can be concluded that the employer must conduct a special assessment of working conditions at the workplace of the organization:

1. After five years from the date of certification of workplaces,
carried out before 01.01.2014.

And finally, the violations committed during the assessment were established by the chief specialist of the labor protection department, who made a state examination of the quality of the special assessment of the working conditions of the workplace of a neurosurgeon based on the decision of the judicial board.

The results of the special assessment were declared invalid (Appeal ruling of the Sverdlovsk Regional Court dated June 24, 2016 in case No. 33-6870/2016).

Incorrect application of the results of the special assessment. There may be situations when an employer, when providing compensation to an employee for work in hazardous conditions, is guided only by the results of a special assessment. But this is not enough in all cases. The requirements of other federal laws should also be taken into account.

The employee filed a lawsuit against FKUZ MSCh-10 of the Federal Penitentiary Service of Russia (hereinafter - FKUZ) to provide her with additional paid leave for 2015 in connection with the performance of the duties of an average medical staff, work in harmful conditions and in accordance with the Law of the Russian Federation of 02.07.1992 No. 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision" (hereinafter - Law No. 3185-1).

The employer, justifying his refusal to grant leave, indicated that, according to the special assessment card workplace The plaintiff has a 2nd class of working conditions, which are safe by law, so she is not entitled to additional leave. In addition, the position of an employee is not included in the list of employees providing psychiatric care, who are provided with additional leave in accordance with Decree of the Government of the Russian Federation of 06.06.2013 No. 482 (hereinafter - Decree No. 482).

However, by a court decision, the claim was satisfied and the FKUZ was given the obligation to provide this medical worker involved in the provision of psychiatric care with additional annual paid leave for 2015, and here's why.

The specified leave is granted to employees whose working conditions at their workplaces, according to the results of a special assessment, are classified as harmful of the 2nd, 3rd or 4th degree or dangerous (Article 117 of the Labor Code of the Russian Federation).

In accordance with par. 1 and 2 h. 1 tbsp. 22 of Law No. 3185-1, medical and other workers involved in the provision of psychiatric care have the right to:

• for reduced working hours;
• for annual additional paid leave for work with harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

Law No. 3185-1 also provides that these guarantees for other employees involved in the provision of psychiatric care medical organizations subordinated to federal executive bodies, state academies of sciences, medical organizations subordinated to executive bodies state power subjects of the Russian Federation, as well as other employees from among the civilian personnel of military units, institutions and divisions of federal executive bodies, in which the law provides for military and equivalent service, are provided based on the results of a special assessment of working conditions (paragraph 4, part 1, article 22 law).

Note

According to the list approved by Decree No. 482, medical workers involved in the provision of psychiatric care, middle and junior medical personnel (except for medical statistics), the duration of the annual additional paid leave is 35 calendar days.

Having established that L. N.A. is a medical worker directly involved in the provision of psychiatric care (a medical ward nurse of the psycho-neurological department of the FKUZ), and guided by Art. 22 of Law No. 3185-1, Resolution No. 482, the court confirmed that the provision of leave based on the results of a special assessment is provided for other employees involved in the provision of psychiatric care, to which the plaintiff does not apply. At the same time, the emergence of the right to additional annual paid leave for work in harmful and (or) dangerous conditions for medical workers involved in the provision of psychiatric care does not depend on the class of working conditions established by the special assessment, which is provided for other employees of medical organizations in accordance with paragraph . 4 hours 1 tbsp. 22 of Law No. 3185-1.

The panel of judges agreed with these conclusions of the court of first instance (Appeal ruling of the Supreme Court of the Republic of Karelia dated March 11, 2016 in case No. 33-719/2016).

Working conditions in the employment contract.

To prevent the occurrence of another mistake for which the employer may be held liable, let's say a few words about the employment contract, namely about one of its mandatory conditions - about guarantees and compensation for work with harmful and (or) dangerous conditions, if the employee is accepted for such work, indicating the characteristics of working conditions at the workplace.

The Ministry of Labor in Letter No. 15-1 / OOG-2516 dated July 14, 2016 clarified how this item is entered after the special assessment and what to write in the employment contract before it is carried out.

So, if a special assessment has been carried out in your organization, it is necessary to supplement the employment contract with information about the class (subclass) of working conditions at the employee’s workplace, list the guarantees and compensation due to him.

The employer is obliged to notify the employee in writing about upcoming changes in the terms of the employment contract, as well as about the reasons that necessitated the changes, no later than two months in accordance with Art. 74 of the Labor Code of the Russian Federation.

Notifying an employee of a change in the employment contract will not be considered a written acquaintance with the results of the special assessment. The employee must be familiarized with the card of a special assessment of working conditions at his workplace against signature.

note

If an employee is hired to a newly organized workplace where an assessment of working conditions has not been previously carried out, then before it is carried out, the employment contract with a person hired to such a workplace may indicate his General characteristics(description of the workplace, equipment used and features of working with it).

At the same time, guarantees (compensations) for work in harmful and (or) dangerous conditions based on the results of a special assessment begin to be provided from the day the results come into force (from the moment the report on its implementation is approved).

Prior to the special assessment, employers should determine the possibility of compensating employees for harmful (dangerous) factors, if they are eventually identified.

In conclusion, we draw the attention of employers who have not yet conducted a special assessment to the following: do not forget that you have not only the obligation to ensure its conduction, but also the right to demand from the organization conducting it the rationale for the results of the assessment. Take this review seriously, because both your mistakes and the mistakes of the organization conducting the assessment can lead to litigation with employees.

"On Amendments to Certain Legislative Acts Russian Federation in connection with the adoption of the Federal Law "On the Special Assessment of Working Conditions".

"On the duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions provided to certain categories of workers."

Is it really possible to impose fines on organizations from 2018 or is it possible not to make an assessment?

How mandatory is a special assessment of working conditions in an organization, are fines possible if it is not done in more detail in the article.

Question: How obligatory is SOUT? Is it really possible to impose fines on organizations from 2018 or is it possible not to make an assessment?

Answer: All employers are required to conduct a special assessment of working conditions in all workplaces. And this is required by article 212 of the Labor Code of the Russian Federation. An exception is provided only for homeworkers and remote workers(Clause 3, Article 3 of the Law of December 28, 2013 No. 426-FZ). For some jobs, a special assessment may be carried out in stages no later than December 31, 2018. These are jobs (part 6 of article 10 and part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ):

Employees whose professions, positions and specialties are not included in the lists, taking into account which an early old-age insurance pension is assigned;

Working conditions in which are not recognized as harmful or dangerous.

Therefore, if there are no harmful workers in the organization, then your company has the right to conduct a special assessment in stages and complete it by December 31, 2018 inclusive. Provided that the organization after 01/01/2014 had no reason to conduct an unscheduled special assessment. A complete list of them is given in Article 17 of the Law of December 28, 2013 No. 426-FZ. These include, for example:

Commissioning of new jobs;

Replacement of production equipment.

If the company had grounds for conducting an unscheduled special assessment, then it had to be carried out within the following terms:

From 01/01/2014 to 05/01/2016 - within 6 months;

From 05/01/2016 - within 12 months.

If the company did not conduct a special assessment within the time limits established by the Law, then if this offense is detected, the labor inspectorate can fine it in the amount of 60 to 80 thousand rubles (Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). At the same time, the Law does not provide grounds for exemption from a fine.

Keep in mind that the special assessment is carried out not only in order to establish guarantees and compensations for work in harmful conditions. It helps to determine the class of working conditions. And from 01/01/2014, working conditions at the workplace must be included in the employment contract without fail. A labor inspectorate specialist can now check employment contracts with workers. And if he does not see information about working conditions in the contracts, he will fine both the company and the director in accordance with part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation. Therefore, it is in the interests of the company to conduct a special assessment as soon as possible (letter of Rostrud of Russia dated November 20, 2015 No. 2628-6-1).

How to conduct a special assessment of working conditions

Starting from January 1, 2014, it is possible to assess working conditions at workplaces only in the form of a special assessment of working conditions (letter of the Ministry of Labor of Russia dated 04/08/2014 No. 15-4 / B-366). The procedure for this procedure is prescribed in the Law of December 28, 2013 No. 426-FZ. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Until December 31, 2018, the results of the attestation of workplaces, which were carried out until 2014 according to the rules from the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are also valid. In general, the certification results are valid for five years from the date of its completion.

An exception is cases when a special assessment of working conditions must be carried out unscheduled. We add that for some jobs, a special assessment can be carried out in stages. The phased special assessment must be completed by December 31, 2018.

Special valuation working conditions

A special assessment of working conditions is a single set of measures to identify harmful and dangerous factors production environment and assessing the level of their impact on the employee, taking into account the deviation actual values from the established standards ().

Based on the results of a special assessment, classes and subclasses of working conditions at the workplaces of employees are established (clause 2, article 3 of the Law of December 28, 2013 No. 426-FZ).

When a special assessment of working conditions is not carried out

A special assessment of working conditions is not carried out in relation to:

people for whom employers individuals not registered as individual entrepreneurs.

The procedure for conducting a special assessment of working conditions is regulated by the Law of December 28, 2013 No. 426-FZ. It is mandatory for all companies, including religious organizations.

Who is required to conduct a special assessment

All employers are required to conduct a special assessment of working conditions. By general rule it is carried out in conjunction with independent organization(organizations), which the employer involved in the assessment on the basis of a civil law contract (clause 2, article 8 of the Law of December 28, 2013 No. 426-FZ).

Step-by-step special assessment of working conditions

When can a phased special assessment of working conditions be carried out?

For some jobs, the special assessment may be carried out in stages. These are the jobs:

employees whose professions, positions and specialties are not included in the lists, taking into account which an early old-age insurance pension is assigned;

working conditions that are not recognized as harmful or dangerous.

It is necessary to complete a phased special assessment by December 31, 2018 (part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ).

The phased approach involves conducting a special assessment in relation to not all jobs at once, but only a part of them. The list of such jobs is determined by the commission.

Unscheduled special assessment of working conditions

When is it necessary to conduct an unscheduled special assessment of working conditions

An unscheduled special assessment of working conditions is carried out if:

1. newly organized workplaces were put into operation;

2. the employer has received an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;

3. changed technological process, replaced production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on employees;

4. the composition of the materials and (or) raw materials used has changed, which can affect the level of exposure to harmful and (or) hazardous production factors on employees;

5. the applied means of individual and collective protection have been changed, which can affect the level of exposure to harmful and (or) hazardous production factors on employees;

6. an accident at work occurred at the workplace (with the exception of an accident at work that occurred due to the fault of third parties) or an occupational disease was detected, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;

Or a workplace attestation protocol;

Or a report on a special assessment of working conditions.

Who needs to rush to conduct a special assessment

A special assessment of working conditions was introduced from January 1, 2014 (Federal Law of December 28, 2013 No. 426-FZ, hereinafter - Law No. 426-FZ). The special assessment has replaced the attestation of workplaces in terms of working conditions (Scheme 1 below). But the results of the certification, which was carried out before January 1, 2014, are valid for five years from the date of its completion (part 4 of article 27 of Law No. 426-FZ).

Scheme 1 Periods of certification and special assessment

But it turns out that there is no need to delay the special assessment. A labor inspectorate specialist can now check employment contracts with employees. And if he does not see information about working conditions in the contracts, he will fine both the company and the director. The amounts of fines are given in Table. 1 below.

Table 1 The amount of the fine if the employment contract does not contain information about working conditions

If you have not carried out certification or conducted it more than five years ago, conduct a special assessment as soon as possible (letter of Rostrud dated November 20, 2015 No. 2628-6-1).

Who do the judges support?

Your arguments that the special assessment can be carried out before the end of 2018 will not be accepted by the inspectors. Law No. 426-FZ will not protect you from fines for the absence of mandatory conditions in an employment contract. This is a violation of labor laws.

If the case goes to court, the arbitrators will back the labor inspectors. This is evidenced, for example:

Why inspectors are interested in employment contracts with office workers

Until 2014, office jobs could not be certified (clause 4 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n). Employers took advantage of this.

Your company may have valid attestation results. But they do not contain information about working conditions in office workplaces. There was no certification of such jobs. If you have not yet had a special assessment, then there is no reason to include information about working conditions in employment contracts.

Answered by Alexander Sorokin,

Deputy Head of Department operational control Federal Tax Service of Russia

“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at