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Working in a workplace with harmful working conditions is hazardous to health. That is why, at the legislative level, employees employed in such organizations were registered.

In an employment contract between an employer and an employee in without fail it indicates how harmful the production is and at what level compensation is made.

general information

Money or monetary compensation

Since the legislation provides for the possibility of replacing the free distribution of milk or other equivalent products with a cash equivalent, the employee, at his discretion, has the right to write an application addressed to the employer to replace compensation in kind with a compensation payment.

However, the basis for such a replacement is not only the application of the employee, but also the presence of an appropriate clause providing for such a possibility in a collective or employment contract.

As practice shows, the team makes a decision together, choosing one of two options by voting.

The employer has no right to impose on employees one form or another of compensation for harmful working conditions, as well as the right to delay the issuance of milk or give it in advance.

Payments of compensation funds are made at least once a month according to the established schedule. Most often this is either on the day the advance is received, or on the day of payment. wages. Milk is dispensed in a different way

Do you need on the subject? and our lawyers will contact you shortly.

How is the calculation made

According to the approved norms, the amount of compensation is calculated based on the average retail price in the region at the location of the employer of milk with a fat content of at least 2.5%. In this case, the final amount of compensation directly depends on the number of days worked. For employees who receive equivalent food products instead of milk, the amount of compensation payment is established based on the cost of equivalent food products. food products.

The specific amount of the compensation payment and the procedure for its indexation are established by the employer, taking into account the opinion of the primary trade union organization or other representative body of employees.

That is, if in the region there is an indexation of the cost of milk or products replacing it, then the clause of changing the amount of compensation should be prescribed in the labor or collective agreement, taking into account this indexation. If this clause is not provided for in the contract, then employees have the right to propose the preparation of an additional agreement, taking into account indexation.

Indexation is carried out in proportion to the increase in prices for milk and products replacing it.

Where to learn about indexing

It is not necessary for an employee to monitor the markets independently for changes in the cost of food and milk. It is enough to send a written request to the structural department executive body authorities at the place of service.

The average waiting time for a response is 10 business days.

An official response must be addressed to the employer in writing if indexation was not taken into account when calculating compensation.

The employer does not have the right to refuse to increase if indexation in the region has been carried out. The right to receive a full-fledged material payment by an employee is prescribed at the legislative level. Infringement of this right is illegal and punishable.

How is in-kind compensation made?


According to the established norms, in 2019, all workers engaged in hazardous production can count on “payments” in kind.

In this case, the calculation is made exclusively for the days that the employee actually worked in conditions with harmful factors. The norm of free delivery of milk is 0.5 liters per shift, regardless of the duration of the shift. If the time of work in hazardous working conditions is less than the established duration of the work shift, milk is issued when work is performed under the specified conditions for at least half of the work shift.

Attention: the distribution of milk or products that replace it is made immediately after the work shift in a place specially designated for this, which meets the established requirements and sanitary standards.

As a rule, this is a separate room (for example, a food block, buffet or dining room), where sanitization is carried out and food storage rules are observed.

Pectin and other products as compensation

Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 No. 245n provides that workers in contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium) are given 2 g of pectin in addition to milk as part of food products enriched with it (for example, drinks, jelly, jams , marmalades, juice products from fruits and (or) vegetables and canned food). It is allowed to replace these products with natural fruit and (or) vegetable juices with pulp in the amount of 300 ml.

With constant contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium), fermented milk products or products for dietary (therapeutic and preventive) nutrition under harmful working conditions are issued instead of milk.

At the same time, the issuance of pectin-enriched food products should be organized before the start of work, and fermented milk products - during the working day.

In addition, instead of fresh milk, workers involved in the production or processing of antibiotics are given fermented milk products enriched with probiotics (bifidobacteria, lactic acid bacteria), or colibacterin prepared from whole milk.

The legislator also draws attention to the fact that the replacement of milk with sour cream, butter, other products (except for equivalent products provided for by the norms for the free distribution of equivalent food products that can be given to employees instead of milk) is not allowed, just as the issuance of milk or other equivalent products is not allowed. food for one or several shifts in advance, as well as for past shifts, since the employee must consume milk immediately after exposure to hazardous factors on his body or before.

Milk can be replaced with equivalent food products, such as kefir, curdled milk, fermented baked milk with a fat content of up to 3.5%, cottage cheese with a fat content of up to 9%, cheese with a fat content of not more than 24%, products for dietary nutrition under harmful working conditions.

Employer actions

The employer concludes a contract for the supply of products at his own expense.

The manufacturer does not play any role, since it is not the company that is checked, but the final product. It must comply with the standards prescribed in the technical regulations.

Only in this case issuance of dairy products is considered legal and lawful. If the products do not comply with the technical regulations or do not “live up” to them in any way, then this is considered a violation of the rights of employees engaged in hazardous production.

Who can apply for


An entry in the employment contract about harmful working conditions is not enough to receive compensation in kind.

In order for a person to be able to receive the milk norm due to him at the end of the shift, the employer is obliged to evaluate workplace and assign it a hazard class.

It depends on this indicator at what rate the employee will receive compensation and in what amount.

If this was not initially stated in the employment contract, then changes are made by drawing up an additional agreement. As a rule, such a procedure is required only for new production positions or jobs.

If a person comes to a previously formed place, then the contract includes a clause on the assessment of harmfulness based on the assessment carried out in the past.

If the employer intends to pay in kind not with milk, but with a substitute product, then this should be stated in the employment contract along with the results of the assessment and the established norm. Otherwise, substitutions are unacceptable and constitute a violation of the employee's rights.

It should be borne in mind that workers receiving free therapeutic and preventive nutrition due to especially harmful working conditions are not given milk or other equivalent food products.

How to get products

No additional actions are required on the part of a hazardous production worker to obtain the prescribed products in kind.

The employer is obliged to independently assess the workplace and set the norm, focusing on accepted standards and recommendations. If he did not do this, then the employee has the right to insist on such a procedure in writing.

An application for in-kind compensation is not required.

Cash compensation is declarative and voluntary, however, some organizations offer employees a material form on their own if they do not have specially equipped places for dispensing dairy products.

This is not a violation, however, the right of the employee remains to demand compensation in kind.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

For a prompt resolution of your problem, we recommend contacting qualified lawyers of our site.

Last changes

The procedure for issuing products that slow down the intoxication of the body has not undergone significant changes.

Furthermore, Scientific research showed that some substances are not only not excreted by milk or its substitutes, but, on the contrary, are absorbed faster. That is why some organizations have abandoned the procedure for issuing such in-kind compensation in favor of material supplements.

All procedures are carried out only with the consent of employees, who, in most cases, prefer cash rather than products. At the same time, citizens choose preventive nutrition for themselves, based on their personal preferences and state of health.

Our experts monitor all changes in legislation in order to provide you with reliable information.

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February 16, 2017, 23:19 Aug 15, 2019 00:22

It is the duty of the employer to provide workers with free food, food, milk in conditions where work takes place in especially unhealthy conditions. In each case, the enterprise has norms for the issuance of milk, therapeutic and preventive nutrition. The main task for the employer is to create acceptable working conditions. Guarantee compensation for damage, subject to the impact of hazardous factors on a person. In the article we will tell you who is entitled to replace milk with cash compensation in 2019, we will give explanations and answers to questions.

Milk for employees - general provisions

In order for the accounting department to accept all costs in the future, when determining taxable profit, mandatory conditions have been established that must be met:

  • Presence of harmful working conditions in the workplace;
  • Their level exceeds the limits established by law.

You can check for compliance with these conditions by referring to the appendix of the legislative act No. 45 of February 16, 2009, where the norms and requirements for the issuance of milk to employees are named. In 2014, changes were adopted that define the requirements for certification of workplaces of the SOUT and also the requirements for labor protection standards in the field:

  • Assessment of traumatic conditions in the workplace;
  • Estimation of availability of collateral individual funds protection of workers in the production process;
  • Comprehensive assessment of jobs and working conditions.

The final results of the evaluation of the SUT are drawn up attestation commission. In the future, this document will become the main factor that regulates the standards for the issuance of free food and milk to workers.

Procedure for providing milk

The amount of free milk received by employees must correspond to the duration of the shift. If more hours were actually produced, then the milk rate also changes proportionally upwards. An enterprise of more than two hundred people is obliged to organize a place for the distribution of food, a distribution point, as well as a room for eating in accordance with the norms of SNiP.

Free milk supply medical nutrition carried out on the days of actual employment at the workplace. Power supply is not provided:

  • On idle days;
  • Weekends and holidays;
  • business trip period;
  • Annual or study leave;
  • During an illness or stay at a spa treatment. Read also the article: → "".

With the consent of the employee himself, the replacement of milk with alternative sour-milk liquid products takes place in the volumes provided for by the nutritional standards. In cases of reduction production processes from the usual 8-hour time to less, the employer has the right to stop distributing milk to employees. Provided that the work shift was reduced by more than half.

Registration to replace the issuance of milk with compensation

The volumes of free milk provided for by Article TC 222 (Distribution of milk and therapeutic and preventive nutrition) can be replaced by appropriate monetary compensation only if written agreement worker. To determine the due amount, the statistical price of milk with a fat content of at least 2.5% is taken. The conditions for replacing with a cash payment must be provided for by a collective or labor agreement and paid at least once a month.

If at the time of employment the conditions for receiving free food and milk were not specified in the contract, then the conditions should be established by a labor supplementary agreement.

Allowed indexation of the cost of milk, as it rises in price. This operation controlled by the trade union department of the enterprise. Cash compensation paid in exchange for the issuance of milk is not subject to personal income tax. However, the enterprise is obliged to provide the results of the attestation of workplaces, indicating the harmful working conditions, which require the issuance of milk.

In special cases, employees are provided with therapeutic and preventive nutrition. The list of enterprises that require the mandatory provision of such food is listed in the annex to order No. 46n dated February 16, 2009. Read also the article: → "".

In accordance with the specifics of work at these enterprises, therapeutic and preventive nutrition is issued to workers and employees at the beginning labor day in the form of hot breakfasts, or set meals, for those working on a rotational schedule. A special diet is reserved for workers when labor obligations performed almost half of the work shift. As well as:

  • During the period of outpatient treatment of occupational diseases;
  • Employees who became disabled during the year due to an occupational disease;
  • Employees who were transferred to another job due to an occupational disease for up to one year;
  • Employees who are on leave in BiR to care for a child.

There is no financial compensation for therapeutic and preventive nutrition. Its issuance may be terminated due to cancellation in agreement with the trade union department, or if, as a result of attestation of workplaces, the SOUT has recognized them as safe and quite acceptable for work.

Registration of the issuance of milk in the employment contract

The method of transferring free milk to workers and employees has no legal limits, and therefore is regulated by the employer. Issuance can be organized in the factory canteen, cafeteria or equipped point fast food employees. The decision and conditions for the issuance of free milk, as well as the possibility of replacing it with monetary compensation for the independent purchase of milk, are fixed by an employment contract or a bilateral supplementary agreement.

In the relevant section (benefits and compensations), you must specify:

“... for a worked shift on harmful production facilities, in conditions of harmful effects on the body, an employee is entitled to a norm of free milk in the amount of 0.5 liters per shift.

Also, at the written request of the employee, a monthly monetary compensation for free milk is established at the rate of 35 rubles. per liter, according to the actual hours worked under the conditions of the harmful effects of production.

Be sure to obtain a written consent from the employee to replace free milk with a cash payment:

“... the full name of the employee agrees to a cash replacement for free milk. I ask you to pay compensation to the card (to your hands through the cash desk of the enterprise) ”the date and signature of the applicant is required.

An order for an enterprise to replace free milk with a cash payment is agreed with the trade union.

Methods and terms for obtaining compensation

Based personal statement the accounting department issues an order certified by the head of the enterprise and the trade union organization. The order must specify:

  • Estimated price for 1 liter of milk;
  • Method of calculating compensation;
  • Payment term.

Further, compensation is calculated based on the actual hours worked in hazardous production, with the effects of harmful factors on the basis of a monthly work sheet. The total amount of payments is the product of the volume of milk given out free of charge by the actual hours worked.

Draw up a register of payments and approve it in the trade union department and the head of the organization. The cost of milk is indexed as inflation rises in the region. The standard provides for a method of issuing free milk, as well as a replacement for monetary compensation. Due to the specifics of the company's activities, for various reasons, it is not always convenient for some employees to spend time on getting food and milk. It happens that the body simply does not tolerate lactose. In such cases, it is more profitable to apply to the manager or shift supervisor for a replacement with monetary compensation.

Possible reasons for denial of compensation

An essential solution to stop the monetary substitution of free milk in the production environment can be:

  • Changing the working conditions of the worker;
  • Reduction of the standard of harmful effects on health;
  • The employee is on annual paid leave;
  • The results of attestation of workplaces, which certify the absence of harmful effects on the health of workers.

The termination of cash payments for milk replacement may be associated with a reduction in production volumes, and, accordingly, a decrease in the degree of harmful effects on the human body. Read also the article: → "".

An employee may voluntarily refuse compensation or in the event of dismissal. According to some research data, it was found that in 2017 more than half a million employees were involved in hazardous industries. Despite the fact that they are provided with therapeutic and preventive nutrition and free milk, many develop signs of occupational diseases caused by harmful working conditions.

Milk is allocated strictly according to the standards for the purpose of prevention, to those workers who encounter harmful sources in the maximum permissible concentration. To maintain the health of an employee at the proper level, a cumulative series of measures is required aimed at full protection from harmful factors that adversely affect workplaces.

The amount of compensation in Moscow and the regions

Based on Law No. 426FZ, which requires compliance with the conditions and guarantees in the event of negative impacts on enterprises and institutions:

  • chemical industries;
  • non-ferrous metallurgy production;
  • electrical and radio engineering production;
  • production of mercury thermometers;
  • when working with radioactive elements and sources of ionizing radiation;
  • when carrying out loading and unloading operations of apatite in sea and river ports;
  • in conditions of high atmospheric pressure;
  • for the production of ferrous metallurgy;
  • Food Industry;
  • organizations whose work is associated with the storage and elimination of chemical weapons.

At the time of assessing working conditions, the presence of harmful factors is taken into account, the degree of their impact on a person, which bad influence on the performance and general well-being of employees. If, according to the results of certification, hazard class 3 or 4 is assigned, then the enterprise is obliged to provide employees with free milk, therapeutic and preventive nutrition and other alternative food products.

If an employee, due to his professional activity is assigned a disability group, he has the right to receive social support in the form of therapeutic nutrition.

Normative fundamental acts of compensation

Name of the legal document Number and date What governs
Order of the Ministry of Health of the Russian Federation 45n, from 02/16/2009 List of products, standards for hazardous working conditions
Labor Code of the Russian Federation Article 222 The right to receive food or monetary compensation is fixed
Order of the Ministry of Health of the Russian Federation 46n, from 02/16/2009 List of enterprises and positions that give the right to free meals
Order of the Ministry of Health of the Russian Federation 342n, from 04/26/2011 Carrying out certification of workplaces
the federal law 426, dated 12/28/2013 Regulates the SOUT procedure

Answers to common questions

Question number 1. The company pays compensation to replace free milk. What are the payment terms provided by law?

There are no strict limits and terms for the payment of compensation in a particular case. Observing the rule of payment at least once a month, the employer himself sets the date. You can add payment either to the advance payment or to the main earnings. This position is fixed local act.

Question number 2. What products can replace milk?

In accordance with the conditions specified in Order 46n, it is allowed to replace milk with an alternative food ration, which consists of fermented milk products, vegetables, fish, and meat.

Question number 3. Is it allowed to distribute free meals in organizations with low or no harmful effects of production on a person?

In accordance with the standards that have a negative impact on the workplace, the employee is required to provide a therapeutic and preventive diet, free milk. If the issuance does not comply with the requirements of the Ministry of Health of the Russian Federation, then the cost of products is subject to taxation at a rate of 13% personal income tax.

According to scientists, milk is a unique product that helps to eliminate toxins and increase the body's resistance to diseases.

That is why, at the legislative level, a regulatory act was adopted providing for the issuance of milk compensation to workers who are employed, in the manner prescribed by law and taking into account the list of particularly harmful factors.

Legislative regulation

According to the norms specified in Article 222 of the Labor Code of the Russian Federation at each enterprise, in the presence of particularly harmful or dangerous labor factors, the company's management is obliged to ensure the issuance of dairy products to employees as compensation for work in conditions that deviate from hygienic standards, taking into account the specified factors that take place on jobs and positions held.

In particular, in Order of the Ministry of Health and Social Development of the Russian Federation No. 45n the norms for issuing a specified product are established and a list of dangerous factors is approved, in the presence of which the issuance of a specified product is required. Indeed, many enterprises can have harmful conditions, but toxins or chemical fumes may not be present everywhere, which is why a list of certain factors is provided, the influence of which is stopped by the consumption of dairy products.

Moreover, on the basis of the agreed norm, not only milk is issued, but also other products, the list of which is determined by law, namely Decree of the Government of the Russian Federation No. 168 and completely free for employees. After all, the law establishes a norm, according to which, the obligation to observe labor safety and compensate for harmful conditions is assigned to the employer, therefore, milk is issued at the expense of the enterprise.

Terms of Service

In accordance with Federal Law No. 426, in each company, regardless of the form of ownership, they are obliged to assess the places of work in order to establish employment conditions at workplaces, in particular, the presence of harmful factors that may affect the overall performance of workers and their health in mind the possibility of developing occupational diseases or injuries.

In the event that, according to the results of the assessment of production processes, employment conditions 3 or 4 class will be assigned, which implies especially dangerous or harmful factors, the employer will be obliged to issue milk compensation to workers, but taking into account some aspects. In particular, a prerequisite for the issuance of milk is that the detected factors belong to the list of harmful factors specified in Order No. 45n. Also, in pursuance of the norms of Decree No. 168, an employee must hold a position specified in the list of industries and positions approved by Order No. 46n.

That is, not all enterprises by law provide for compensation in the form of milk distribution, and not all employees can receive food products in the presence of harmful factors. After all, the basis for the provision of dairy products, first of all, is harm to the body when working with chemical elements, therefore, with increased vibration or temperature conditions, the issuance of milk compensation will not be provided.

Issuance rates

According to the norms enshrined in clause 4 of Order No. 45n, milk compensation must be provided only on the day of release worker to work and, accordingly, the performance of immediate duties in harmful conditions. Milk should be dispensed during the shift or at the end of the shift. half a liter. Moreover, the provision of the agreed product based on the results of the worked month is not allowed, due to the fact that the employee must consume milk immediately after exposure to hazardous factors on his body or before.

Based on clause 5 of Order No. 45n, a worker working with non-ferrous metals, in particular aluminum or magnesium, is also required 2 grams pectin, which can be found in jelly products, as well as juices and fresh fruits. Moreover, pectin is not given instead of milk, but together with it at the same time. However, if the worker interacts with the same aluminum constantly, milk can be replaced by dairy products, which should be issued at the end of each shift, but fresh fruit is recommended to be consumed before it starts.

In accordance with clause 6 of the agreed order milk can be substituted special meals, the list ration of which is specified in Order No. 46n and which includes fermented milk products, vegetables, fruits, as well as bread, tea, along with meat or fish. And if the worker is engaged in the production of antibiotics, the issuance of milk in the order of the agreed norm should be replaced by a special ration.

For example, an employee is entitled to at least 70 grams of meat and 3 eggs for a worked shift, as well as 100 grams of sour cream and 90 grams of fresh vegetables, not to mention 100 grams of bread and 400 milliliters of tea, which, in general, is quite decent. lunch rich in vitamins and amino acids. Or a worker can be given 500 grams of kefir or fermented baked milk, 100 grams of cottage cheese and 60 grams of cheese before changing.

Issuance procedure

The conditions for issuing compensation milk are approved by Decree No. 168, which states that the issuance of a specified product or a certain diet should be carried out only in rooms specially provided for this purpose and meeting hygienic requirements, that is, in the same canteens or buffets.

Also, in the order of the agreed norm, milk and dairy products should be issued only on the day of going to work, and if the employee has worked less than the established shift rate, but more than half, he is entitled to milk, but if less than half, then no. Accordingly, the agreed product is not issued during vacation and sick leave, as well as business trips or weekends.

Another mandatory requirement is product quality, which must comply with both GOSTs and the norms of Federal Law No. 88, according to which milk is only natural product without added water and preservatives. Also, in accordance with Order No. 45n, replacement of compensation milk with other products, in particular, sour cream or butter, is not allowed. And if, due to technological reasons, it is impossible to deliver fresh milk to the enterprise, it can be replaced with a special diet, but only in agreement with the Trade Union and Rospotrebnadzor.

What products can replace milk

According to the norms enshrined in clause 5 of Order No. 45n milk replacement fermented milk products or preventive nutrition, the diet of which is approved by Order No. 46n is allowed in accordance with the standards specified above. It is also allowed to replace pectin contained in jelly products and canned food by issuing freshly squeezed vegetable and fruit juices with pulp, but in an amount of at least 300 grams per shift.

In accordance with clause 8 of Order No. 45n, milk can be replaced with other equivalent products with the consent of the employee himself, but only if agreed with trade union committee, who, in accordance with Article 373 of the Labor Code of the Russian Federation, must express his opinion in all legal relations related to the implementation labor activity and with guarantees.

Also, the replacement of milk with a preventive diet is allowed only with the permission of the Rospotrebnadzor, whose duties include monitoring the quality of food, compliance with sanitary standards and hygiene requirements, as well as consumer rights.

Registration procedure

According to the norms prescribed in Article 222 of the Labor Code of the Russian Federation, the company's management has the right to independently determine the procedure for the provision of dairy products, but taking into account the norms enshrined in legislation.

That is, to start, you need conduct a hazard assessment in production through certification of workplaces. Then make a list of employees who, in view of the presence of certain factors and their position, are entitled to receive milk or products replacing it.

Then you need issue an order indicating the conditions for dispensing milk, in particular, the allocation of premises for dispensing products, ration and quantity. It is also necessary to include in the collective agreement the conditions for the provision of milk as compensation for employment conditions that deviate from the norm, and indicate that milk compensation is provided only on the days of taking over the shift, for example, at the end of the working day or at lunchtime.

And to the employer should appoint responsible person for the purchase of milk and the storage of this product, not to mention food products from special. diet, because the storage and quality of products also have rules that imply compliance with sanitary and hygienic requirements.

After the publication of the above documents, a payroll, in which each worker who received milk signs and on the basis of which a report is drawn up on the consumed product. By the way, the exit schedule must also be attached to the statement, because the person responsible for dispensing milk must also know on which day the employee is entitled to milk compensation.

Financial compensation

In accordance with the norms enshrined in Article 222 of the Labor Code of the Russian Federation, the worker has the right at will, replace the receipt of milk with a cash equivalent, but taking into account inflation and retail prices of this product at the location of the enterprise. Also, according to clause 2 of Order No. 45n, an employee can replace with money not only milk, but also the ration that is given to him in connection with work in special conditions, and again, food prices must correspond to the retail price in the region.

Based on clause 3 of the Agreed Order, compensation must be paid at least once a month, and in order to receive it, the employee just needs to write an application. By the way, if the worker wishes to refuse compensation and receive food in kind, it is enough for him to write an application, and at any time, and not from the beginning of the month or other reporting period.

The distribution of milk and other products is carried out not only in order to increase the working capacity of workers, but also in order to prevent the development of chronic and occupational diseases. After all, caring for the health of workers is not only the prerogative of the state, but also the duty of employers.

The rules for compensating employees working in hazardous conditions are described in the following video:

At some enterprises, the staff is entitled to the issuance of milk, which acts as compensation for work in conditions of hazardous production. However, at their discretion, employees have every right to request that the distribution of dairy products be replaced with a cash payment.

FILES

Who is eligible for milk

Milk and lactic acid products rely on the issuance of employees of enterprises belonging to the 3rd and 4th hazard groups, including those who are exposed to chemical, radioactive, biological and other harmful factors.

How is milk dispensed?

The distribution of milk to employees is made only on the days of their actual performance of official functions.

A separate room must be provided for the issuance of milk and lactic acid products.

Serving size - half a liter per person for one working day (shift). Milk is issued on the basis of a special statement and only against signature, while it cannot be replaced with sour cream or butter.

The procedure for replacing milk with a cash payment

In order to receive money instead of milk, an employee of the enterprise must write an appropriate written application addressed to the head of the organization.

Then, based on this statement, the director issues an order, and in employment contracts with employees or a collective agreement (if milk is provided for in it) is made desired change. After that with due date instead of dairy products, the staff receives a compensation payment in monetary terms.

Compensation amount

According to the law, compensation must be equivalent to the average cost of dairy products of a certain percentage of fat content in the region in which the enterprise operates.

At the same time, over time, the amount is subject to change, depending on inflationary processes. Usually, in order to track these indicators, companies enter into a separate agreement with Rosstat, which issues an official certificate on the cost of milk every month.

How compensation is issued

The accrual of the compensation payment is done, as a rule, in the payroll program and, accordingly, the amount of compensation is included in the total amount of wages.

In the future, the money is transferred either to the cards of employees, or issued "in cash" into the hands according to the statements.

Who writes the order to replace milk

All orders are always written on behalf of the director of the organization, but the direct responsibility for their preparation is usually assigned to a lawyer, secretary, or other employee close to the management. At the same time, in order to give the order of the head a legal status, it is important to observe only one indispensable condition: that after drafting it be certified by the main person of the company.

Features of compilation, general information

If you need to draw up an order to replace milk with cash compensation, read the recommendations below and see an example of a document - based on it, you can easily draw up your own form. Before proceeding to a detailed consideration of this particular order, we will characterize the moments inherent in all such orders.

  1. To date single standard there are no such papers for compiling such papers, so representatives of enterprises can write an order in any form, or according to a template developed and approved within the organization (if any). In this case, the option for issuing an order should be determined in the accounting policy of the company.
  2. When compiling an order, rely on a few simple rules:
    • Every order (this one is no exception) must be justified by something. The justification is always written at the beginning of the document, after the words “In connection with ...”, “As a result of ...” - it outlines the actual circumstances that have become the reason for the formation of the order.
    • There must also be a reason on the form. It means a link to legislative norm or an internal document of the company (memo, act, etc.), which gives the right to write this document.
  3. The document is being drawn up in one original copy signed by the director (or an employee acting on his behalf), as well as all other employees mentioned in it.
  4. It is necessary to stamp the form with a seal only when the rule for the use of stamp clichés for sighting internal papers is enshrined in the accounting policy of the company. After compiling information about the order, it is entered in the register of administrative documentation (most often located with the secretary).
  5. The order can be made on a simple clean slate any convenient format (usually A4 is used) or on letterhead (if such a requirement is specified in the company's regulations). It is allowed to write the order manually or type it on a computer, followed by a printout.

Sample order to replace milk with cash compensation

In the "header" of the document, the full name of the organization is written, then the name of the order and its number.

After that comes the main section. Here you need to write:

  • substantiation and basis (written statements of employees and a reference to the law);
  • essence of the order;
  • the date from which milk will be replaced by compensation;
  • the amount of compensation;
  • who it concerns and who should provide it;
  • employees responsible for the execution of the order.

If there are any additional annexes to the document, this must also be indicated in the text of the order.

Document storage

Upon completion of the formation of the order and its certification, the form must be given to the secretary of the organization or another employee responsible for storing administrative documentation. The entire period of validity of the order must be in a folder with other similar papers, in a place where access to people who have nothing to do with them should be limited. After the storage period of the order has passed, it can be sent to the archive of the enterprise.

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