Conditions for granting leave for hazardous working conditions. Conditions for granting leave for hazardous working conditions Resolution of the State Labor Committee 273 p. 20
"On approval of the Instruction on the procedure for applying the list of production workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day"
Revision dated November 21, 1975 - Valid
STATE COMMITTEE OF THE COUNCIL OF MINISTERS OF THE USSR ON LABOR AND WAGES
RESOLUTION
dated November 21, 1975 N 273/P-20
ON APPROVAL OF INSTRUCTIONS ON THE PROCEDURE FOR APPLYING THE LIST OF PRODUCTION SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL LEAVE AND A REDUCED WORKING DAY
The State Committee of the USSR Council of Ministers on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions decide:
1. Approve the Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, according to the Appendix.
This Instruction shall be put into effect simultaneously with the enactment of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee of the Council of Ministers of the USSR on Labor and Wages and Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22.
2. With the entry into force of the Instruction approved by paragraph 1 of this Resolution, the Instruction on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a reduced working day, approved by the Resolution of the State Committee, does not apply Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated December 29, 1962 N 377/30, with the addition provided in Appendix No. 1 to the Resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated August 10 1971 N 323/P-17.
Vice-chairman
State Committee
Council of Ministers of the USSR
on labor issues
and wages
S.NOVOZHILOV
Secretary
All-Union Central
Council of Trade Unions of the USSR
V. PROKHOROV
Application
to the Resolution of the State
Committee of the Council of Ministers of the USSR
on labor and wages issues
board and the Presidium of the All-Union
Central Council
Trade Unions
dated November 21, 1975 N 273/P-20
INSTRUCTIONS ON THE PROCEDURE FOR APPLYING THE LIST OF PRODUCTIONS, SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORKING CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL LEAVE AND A REDUCED WORKING DAY
I. General provisions
1. Additional leave and a shortened working day are provided to workers, engineering and technical workers and employees in accordance with the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day<*>, approved by Resolution of the State Committee of the Councils of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P-22.
The names of the professions of workers and positions of engineering and technical workers and employees provided for in the List are indicated in accordance with the Unified Tariff and Qualification Directory of Work and Professions of Workers, the Qualification Directory of Professions of Workers, Communications Workers and Junior Service Personnel not included in the Unified Tariff and Qualification Directory jobs and professions of workers, for whom monthly salaries are established, as well as the Unified Nomenclature of Employee Positions.
<*>In the following, for brevity, it will be referred to as the List.
2. In accordance with paragraph 2 of the Resolution of the Council of Ministers of the USSR of June 17, 1960 N 611, changes and additions to the List can be made by ministers and heads of departments of the USSR and the Councils of Ministers of the Union Republics in agreement with the State Committee of the Council of Ministers of the USSR on Labor and Wages , All-Russian Central Council of Trade Unions and the USSR Ministry of Health.
Proposals for approval of changes and additions to the List are accompanied by:
conclusion of the district (city) sanitary-epidemiological station on the actual state and working conditions in production, workshops and areas where workers, engineers and employees work, regarding whom the petition is being filed;
organizational and technical measures developed with the involvement of relevant research institutes to eliminate industrial hazards in these areas, indicating the timing of completion of these works;
data on the number of workers, engineering and technical workers and employees in respect of whom the question of providing additional leave or shortened working hours is raised, and on additional costs for these purposes.
3. According to paragraph 3 of the Resolution of the Council of Ministers of the USSR of June 17, 1960 N 611, ministers and heads of departments of the USSR, the Councils of Ministers of the Union Republics, in cases where the harmfulness of work in production is reduced or eliminated, are obliged, in agreement with the State Committee of the Council of Ministers of the USSR for issues of labor and wages, the All-Russian Central Council of Trade Unions and the USSR Ministry of Health to reduce the duration of additional leave or not provide it at all, and also to establish in these cases a working day of normal length.
When commissioning new enterprises, production facilities and workshops, ministries and departments of the USSR and the Councils of Ministers of the Union Republics are obliged to consider the need to provide workers, engineers and technical workers and employees of these enterprises, production facilities and workshops with additional leave and a shortened working day, regardless of the fact that at existing enterprises that produce similar products, additional leave and shortened working hours are established. On the decision taken in each individual case to provide workers, engineering and technical workers and employees with additional leave and a shortened working day of the ministries and departments of the USSR, the Councils of Ministers of the Union Republics with the necessary organizational, technical, medical and economic (data on the number of workers who will be provided benefits, and additional costs for these purposes) with justifications are reported to the State Committee of the USSR Council of Ministers on Labor and Wages and the All-Union Central Council of Trade Unions.
4. The right to additional leave and a shortened working day is available to workers, engineering and technical workers and employees whose professions and positions are provided for in production and workshops in the relevant sections of the List, regardless of what sector of the national economy these productions and workshops are located in.
Example. Workers and engineers of foundry production (except for non-ferrous castings) of mechanical engineering, agricultural machinery, light, food and other industries are provided with additional leave and reduced working hours in accordance with the subsection "Foundry production" of the "Metalworking" section.
Workers and engineers in the foundry production of non-ferrous metals at mechanical engineering, agricultural machinery, light, food and other industries are provided with additional leave and a reduced working day in accordance with the subsection "Processing and recycling of non-ferrous metals" ("Batch preparation" and "Smelting and casting" non-ferrous metals") section "Non-ferrous metallurgy".
Workers in woodworking workshops, regardless of the enterprises in which industries these workshops are located, are provided with additional leave and a shortened working day according to the list of industries, workshops, professions and positions provided for in the section “Woodworking Industries”.
Additional leave and shortened working hours should be provided only to those workers, engineering and technical workers and employees whose professions and positions are provided for in the relevant industries and workshops.
5. In cases where the List contains sections or subsections that provide for certain types of work (such as “Painting work”, “Welding work”, “Forging and pressing work”), additional leave and shortened working hours must be provided independently depending on the production or workshop in which the work is performed.
6. Workers, engineering and technical workers and employees whose professions and positions are provided for in the section “General professions of all sectors of the national economy” are granted additional leave and a reduced working day regardless of what production or workshop they work in, if these professions and positions are not specifically provided for in the relevant sections or subsections of the List.
Example. According to paragraph 92 of the section “General professions of all sectors of the national economy”, a boiler room driver (stoker) engaged in servicing steam and hot water boilers operating on solid mineral and peat fuels, when loading manually, enjoys the right to additional leave of 12 working days at industrial and construction enterprises and transport. If a boiler room operator (stoker) services residential and administrative buildings and buildings with central heating, then in accordance with paragraph 1 of the subsection “Housing” of the section “Housing and communal services and consumer services for the population,” he must receive an additional leave of 6 working days.
7. Foremen, assistants and casual workers whose professions are included in the List are granted additional leave and a reduced working day of the same duration as workers in the corresponding professions.
Example. The section “General professions of all sectors of the national economy” provides for additional leave of 6 working days for a loader who is constantly engaged in loading and unloading operations with dust-producing and other toxic cargo. Consequently, the loader foreman should be given additional leave of the same duration as the loader, i.e. 6 working days. In the subsection “Open-pit mining operations of operational and open-pit mines under construction, as well as mining surface and geological exploration” of the “Mining operations” section, an additional leave of 12 working days is provided for the excavator driver engaged in mining and stripping. This driver's assistant must also be given an additional 12 working days of leave.
II. Additional leave
8. Additional leave is granted simultaneously with annual leave. It is prohibited to refuse to provide annual leave to workers, engineering and technical workers and employees entitled to additional leave due to harmful working conditions.
Full additional leave according to the List is granted to workers, engineering and technical workers and employees if they actually worked in production, workshops, professions and positions with hazardous working conditions for at least 11 months during the working year.
The length of service that entitles these employees to additional leave also includes:
a) period of temporary incapacity for work;
b) the time of maternity leave, the time women perform light work in connection with pregnancy, as well as the time women perform other jobs to which they were transferred due to breastfeeding or the presence of children under one year of age;
c) time for performing state and public duties.
9. Replacement of additional leave with monetary compensation is not allowed. Payment of this compensation can only take place upon dismissal of the employee. If a worker, technical engineer or employee has worked in production, workshops, professions and positions provided for in the List for less than 11 months in a working year, then he is granted additional leave in proportion to the time worked. Workers, engineering and technical workers and employees constantly employed in production, workshops and areas with hazardous working conditions, additional leave can be granted in full and before the expiration of 11 months, if the annual (main) leave is provided in advance. In cases where an employee’s right to annual (main) and additional leave arises at different times, these leaves are provided to him simultaneously and in full. In this case, the length of service giving the right to a new leave for the next working year is calculated separately for both annual (main) and additional leave.
Example. The worker began work entitled to additional leave on February 3, 1975. In September 1975, he was dismissed. Consequently, in this case, he will be paid monetary compensation in proportion to the time worked for both annual (main) and additional leave.
The shop foreman, entitled to additional leave, started working in March 1974. In February 1975, he went on leave. In this case, he was provided with both annual (main) and full additional leave. In July 1975, the said foreman was transferred to the position of engineer in the plant management. Consequently, when going on subsequent leave, this employee will no longer be granted additional leave due to harmful working conditions, not in full, but in proportion to the time worked in the production that gives the right to this leave.
In November 1973, the worker went to work in a production facility with hazardous working conditions, where an additional leave of 12 working days was established. In October 1974, he was granted leave for a total of 24 working days. When drawing up vacation schedules for 1975, this worker was provided with vacation (for the second working year) in June 1975. Since in this case, annual (main) leave was provided in advance, additional leave must also be provided in advance and in full.
The worker was hired in the supply department in August 1974. In February 1975, he was transferred to work with hazardous working conditions, where all workers are given additional leave of 12 working days. When going on leave in July 1975 (for the first working year), this worker, along with the annual (main) leave, must be given additional leave in full. In this case, the length of service for subsequent vacations will be calculated separately.
10. When calculating length of service, which gives the right to additional leave or payment of compensation for it in proportion to the time worked, the number of full months of work in industries, workshops, professions and positions with hazardous working conditions is determined by dividing the total number of days of work during the year by the average monthly number of workers days. In this case, the remainder of days constituting less than half of the average monthly number of working days is excluded from the calculation, and the remainder of days constituting half or more of the average monthly number of working days is rounded up to a full month.
11. In cases where workers, engineers and technical workers and employees worked in different industries, workshops, professions and positions during the working year, for work in which additional leave of unequal duration is granted, the time worked in hazardous working conditions is calculated separately for each job, based on the duration of additional leave established by the List for employees of the relevant industries, workshops, professions and positions.
Example. The worker worked for two months as a transporter in the production of titanium from loparite concentrate. For four months he worked as a cloakroom attendant, receiving and issuing dirty workwear, and for the next five months he was employed as a storekeeper, distributing and receiving tools in the same production. While working as a transporter, this worker must be given additional leave of 2 working days (one working day for each month of work at the rate of 12 working days per year), while working as a cloakroom attendant - 6 working days (1.5 working days for each month of work at the rate of 18 working days per year) and during work as a storekeeper distributing and receiving tools - 5 working days (one working day for each month of work at the rate of 12 working days per year). In total, for eleven months of work in hazardous working conditions, this worker must be given additional leave of 13 working days.
12. In the count of time worked in industries, workshops, professions and positions with hazardous working conditions provided for in the List, only those days are counted on which the employee was actually employed in these conditions for at least half of the working day established for employees of this production, workshop, profession or position.
When recording “permanently employed” or “permanently working” in the List, only those days on which the employee was actually fully employed in these conditions are counted against the time worked in production, workshops, professions and positions with hazardous working conditions provided for in the List. a working day established for employees of a given production, workshop, profession or position.
13. Workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work in production facilities, workshops, professions and positions with harmful working conditions provided for in the List during certain periods of time, additional leave are granted for the same on the same grounds as workers, engineers and employees whose professions and positions are included in the List.
Example. Due to production needs, a mechanic who has welding rights is entrusted with performing electric welding work indoors. In this case, the mechanic must be granted additional leave at the rate of 12 working days per year of work in proportion to the time worked as an electric welder.
14. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary workshops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) during their work in production, workshops and areas with hazardous working conditions, where additional leave is established according to the List for both the main workers and the repair and maintenance personnel of these production, workshops and areas, this leave must also be provided in accordance with the procedure provided for in paragraphs 8 - 12 of these Instructions.
Example. A fitter of the construction and installation department, in order to fulfill a contract agreement, installs an overhead crane in the steel smelting shop of a metallurgical plant in the span above the operating furnaces. In this area, steelworkers, steel pourers, mechanics for repairing metallurgical equipment, crane operators and maintenance personnel, according to the List, are granted additional leave of 12 working days per year of work. In this case, the fitter of the construction and installation department should also be given additional leave at the rate of 12 working days in proportion to the time worked at this site.
A worker in the repair shop of an enterprise, in accordance with the schedule of planned preventative repairs of equipment, repairs equipment in the existing chemical shop, in which all main workers, repair and maintenance personnel are given additional leave of 12 working days per year of work. Consequently, the worker of the repair shop must be provided with additional leave at the rate of 12 working days in proportion to the time worked in this workshop.
A worker in the repair shop of an enterprise repairs equipment in the wire drawing shop of a hardware production facility, where, according to the List, only the wire drawer and the grinder receive additional leave. The List does not provide for additional leave for repair workers in this workshop. In this case, the specified repair shop worker should not be granted additional leave.
15. The duration of additional leave for workers, engineering and technical workers and employees specified in paragraph 14 of this Instruction, in all cases, should not exceed the duration of additional leave for repair and maintenance personnel provided for in the relevant sections and subsections of the List.
16. With the establishment of annual leave of at least 15 working days by the Fundamentals of the legislation of the USSR and union republics on labor, the total duration of annual leave, taking into account additional leave provided to workers, engineering and technical workers and employees for work in industries, workshops, professions and positions with harmful working conditions remains unchanged.
Example. When working on premises, a gas welder had the right to annual leave with a total duration of 24 working days, of which 12 days for work in hazardous working conditions. Currently, this leave for a gas welder must be granted for the same duration.
17. For disabled blind people working at enterprises, additional leave due to harmful working conditions is added to the annual (main) leave.
18. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.
Example. An asphalt concrete worker (asphalting worker) when laying asphalt pavements at an altitude of 2800 m above sea level can be granted additional leave on two grounds: as an asphalt concrete worker - for 6 working days and as a worker performing work at an altitude of 2800 m above sea level - for 12 working days. The specified asphalt concrete worker (asphalting worker) may receive additional leave of 12 rather than 18 working days.
III. Half-holiday
19. A shortened working day in accordance with the duration specified in the List is established for workers, engineering and technical workers and employees only on those days when they are employed in hazardous working conditions for at least half of the shortened working day established for employees of a given production, workshop, profession or position.
When entered in the List as “permanently employed” or “permanently working,” a shortened working day in accordance with the duration specified in the List is established for workers, technical workers and employees only on those days when they are actually employed in hazardous working conditions during the entire shortened working day.
20. For workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work on certain days in production facilities, workshops, professions and positions with hazardous working conditions provided for in the List, a shortened working day is established on these days the same duration as workers, engineering and technical workers and employees permanently employed in this work.
21. In cases where workers, engineers and technical workers and employees during the working day were engaged in various jobs with hazardous working conditions, where a shortened working day of varying lengths was established, and in total worked in these areas for more than half of the maximum duration of the shortened day, their working day should not exceed 6 hours.
22. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary workshops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) on the days of their work in existing production facilities, workshops and areas with hazardous working conditions, where a shortened working day is established for both the main workers and the repair and maintenance personnel of these production facilities, workshops and areas, a shortened working day is also established in the order provided for in paragraphs 19 and 21 of these Instructions.
Regulations:
1. Labor Code of the Russian Federation;
2. Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions” (hereinafter referred to as Law No. 426-FZ);
3. Resolution of the State Labor Committee of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22;
4. Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20;
4. Letters from the Ministry of Labor.
Description of the situation:
One of the employees, in accordance with the vacation schedule, used annual paid leave in June with additional earned leave for harmful working conditions. From July to December, additional leave for hazardous working conditions was accumulated, but it is not possible to add it to the annual leave, since it has all been used.
Questions:
- How to provide additional leave for harmful working conditions if there are no days left of the main annual leave and there is nothing to add them to? At the same time, the employee refuses to take days of annual leave in advance, but wants to take leave for harmful working conditions, and has the right to do so.
- What risks does the company bear if it provides additional leave for harmful working conditions without adding it to the annual leave?
General provisions:
By virtue of Article 116 of the Labor Code of the Russian Federation, there are several types of annual additional paid leave, in particular:
- for working in harmful and (or) dangerous working conditions;
- for the special nature of the work;
- for work with irregular working hours;
- for work in the Far North and equivalent areas.
In addition, additional leave is provided according to the rules of Art. 339 Labor Code of the Russian Federation, art. 348.10 Labor Code of the Russian Federation, art. 350 Labor Code of the Russian Federation.
Other federal laws grant the right to additional annual leave to other categories of workers.
Do not confuse additional vacation with extended vacation.
For certain categories of workers, the Labor Code and other federal laws establish an extended basic paid leave of more than 28 calendar days (Article 115 of the Labor Code of the Russian Federation).
From the situation described above, we are primarily interested in annual leave for work in harmful and (or) dangerous working conditions.
Persons whose working conditions, in whose workplaces, according to the results of a special assessment, are classified as hazardous of the 2nd, 3rd or 4th degree or dangerous, have the right to certain guarantees, including additional paid leave.
The duration of additional leave is established by industry (inter-industry) agreements and collective agreements, taking into account the results of a special assessment of working conditions and must be reflected in the employment contract with the employee.
However, it cannot be less than 7 calendar days (Part 2 of Article 117 of the Labor Code of the Russian Federation).
It should be noted that before the adoption of Law N 426-FZ and the introduction of appropriate amendments to Art. 117 of the Labor Code of the Russian Federation, that is, before the introduction of a special assessment of working conditions, when providing additional leave for harmful working conditions, they were guided by regulatory legal acts adopted in the manner established by the Government of the Russian Federation.
One of these acts was the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22.
This List of productions is still applied to the extent that it does not contradict the Labor Code.
This concerns, as a rule, employers who have not yet conducted a special assessment of working conditions at their workplaces, and for whom the results of workplace certification continue to be valid.
Let us remind you that according to Part 4 of Art. 27 of Law N 426-FZ, the employer may not conduct a special assessment of working conditions at workplaces in respect of which certification of working conditions was carried out before 01/01/2014, if 5 years have not passed from the date of its completion. The exception is cases when the employer is obliged to conduct an unscheduled special assessment listed in Part 1 of Art. 17 of Law No. 426-FZ.
Thus, if the organization has not carried out a special assessment, but the certification results are valid, the duration of additional leave for harmful working conditions is established by previously existing regulatory legal acts (lists, lists, etc.).
If a special assessment has been carried out and, based on its results, working conditions at workplaces are classified as harmful 2nd, 3rd or 4th degree or dangerous, then the duration of additional leave is established by industry agreements, collective and labor agreements.
Such conclusions are confirmed, in particular, in the Decision of the Supreme Court of the Russian Federation dated October 14, 2014 N AKPI14-918 “On the refusal to satisfy the application for invalidation of the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated November 25, 1976 N 38/27s.”
Please note that if, based on the results of the assessment, the duration of additional leave for harmful working conditions has changed or the employee is no longer entitled to such leave due to the recognition of the conditions at his workplace as acceptable, do not forget to notify the employee of changes in the terms of the employment contract 2 months in advance.
In accordance with Part 2 of Article 120 of the Labor Code of the Russian Federation, when calculating the total duration of annual paid leave, additional paid leave is added to the main paid leave.
As a general rule, additional days of vacation cannot be replaced with monetary compensation:
- pregnant women;
- minor workers (under 18 years of age);
- working in harmful and (or) dangerous working conditions for work in appropriate conditions (Article 126 of the Labor Code of the Russian Federation).
If the number of days of additional leave is less than 7 calendar days or the employee does not agree to compensate for additional days of leave for harmful working conditions, then in our opinion, guided by the provisions of Part 1 of Article 125 of the Labor Code of the Russian Federation, additional leave can be used both together with the main annual leave, and separately on the following grounds:
Based on the literal interpretation of Part 2 of Article 120 of the Labor Code of the Russian Federation and the explanations of the Letter of the Ministry of Labor of Russia dated 02/01/2002 N 625-ВВ, this norm is not imperative, which means there is no direct prohibition on the separate use of annual main paid leave and annual additional paid leave, and there is no Labor legislation does not provide for the possibility of accumulating unused parts of vacations.
It should be noted that in the legal literature there are no clarifications on this issue, and judicial practice has also not been formed.
By virtue of Part 1 of Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
We believe that from the content of this part it follows that its provisions apply to both annual basic paid leave and annual additional paid leave, including in cases where they are used separately.
The Labor Code of the Russian Federation does not establish exceptions to the rule specified in the part, but we repeat, one part must be at least 14 calendar days.
In the above situation, the number of additional days of leave for work in harmful and (or) dangerous working conditions is not indicated.
However, it is necessary to analyze the Customer’s identified issues in the context of the rules for calculating the duration of annual basic and additional paid leaves of employees and the length of service giving the right to leave.
According to the rules of Part 1 of Art. 120 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to the maximum limit. Non-working holidays falling during the period of annual basic or additional paid leave are not included in the number of calendar days of leave.
And here we note that if the duration of additional leave is established in working days (for example, when providing leave for harmful working conditions, when the employer has not yet carried out a special assessment and uses the List of Production to establish the duration of additional leave), then when calculating the total duration of annual paid leave, you should be guided by Letter of the Ministry of Labor of Russia dated 02/01/2002 N 625-ВВ.
In such cases, a certain number of days of main vacation in calendar days is counted from the start date of vacation, and then a certain number of days of additional vacation in working days per 6-day work week is determined and the date of the last day of vacation is determined.
After this, the total vacation period is converted into calendar days, which will be the total duration of annual paid leave.
In addition, employers applying the List of Productions are also subject to the provisions of the Instruction on the procedure for its application, approved by the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 (hereinafter referred to as the Instruction).
According to paragraph 18 of the Instructions, if an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.
By virtue of Part 2 of Art. 122 of the Labor Code of the Russian Federation, the right to use vacation for the first year of work arises for an employee after 6 months of continuous work with a given employer. By agreement of the parties, paid leave can be granted to the employee before the expiration of 6 months.
But by virtue of clause 8 of the Instructions, full additional leave for work in hazardous conditions according to the List of Productions is provided if the employee actually worked in production, in workshops, in professions and positions with hazardous working conditions for at least 11 months during the working year.
If less than this period is worked, leave is granted in proportion to the time worked.
Thus, when drawing up a vacation schedule and calculating the duration of leave for work in hazardous conditions, some employers will still have to take into account the provisions of the Instruction.
The periods of work that are and are not included in the length of service giving the right to annual basic paid leave are established in Art. 121 Labor Code of the Russian Federation.
As mentioned above, additional leave in full for work in hazardous conditions is provided to an employee if he has worked for at least 11 months in a working year.
The length of service that gives the right to such leave includes only the time actually worked under appropriate conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).
The procedure for calculating length of service in organizations where, based on the results of a special assessment of workplaces, working conditions are classified as harmful of the 2nd, 3rd or 4th degree or dangerous, has not been established. We assume that the procedure provided for in the Instructions should be applied.
Thus, additional leave, as agreed by the parties to the employment contract, can be used both together with the main annual leave and separately from it, including according to the rules of Part 1 of Article 125 of the Labor Code of the Russian Federation.
At the same time, we draw your attention to the fact that dividing vacation into parts is the right, first of all, of the employee, not the employer.
Therefore, the employee has the right to decide how to use the vacation entitled to him by law.
Irina Pitunova, senior lawyer, head of labor practice Timofeev/Cherepnov/Kalashnikov.
Contacts:
Tel.: +7 831 430 52 25, 430 52 20
Email: irina@site
Russian Federation
DECISION of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 "ON APPROVAL OF THE INSTRUCTIONS ON THE PROCEDURE FOR APPLYING THE LIST OF PRODUCTION SHOPS, PROFESSIONS AND POSITIONS WITH HARMFUL WORK CONDITIONS, WORK IN WHICH GIVES THE RIGHT TO ADDITIONAL LEAVE AND REDUCED WORKING DAYS"
The State Committee of the USSR Council of Ministers on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions decide:
1. Approve the Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, according to the Appendix.
This Instruction shall be put into effect simultaneously with the enactment of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee of the Council of Ministers of the USSR on Labor and Wages and Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22.
2. With the entry into force of the Instruction approved by paragraph 1 of this Resolution, the Instruction on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a reduced working day, approved by the Resolution of the State Committee, does not apply Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated December 29, 1962 N 377/30, with the addition provided in Appendix No. 1 to the Resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated August 10 1971 N 323/P-17.
Vice-chairman
State Committee
Council of Ministers of the USSR
on labor issues
and wages
S.NOVOZHILOV
Secretary
All-Union Central
Council of Trade Unions of the USSR
V. PROKHOROV
Application
to the Resolution of the State
STATE LABOR COMMITTEE OF THE USSR
PRESIDIUM OF THE AUCCTU
RESOLUTION
On approval of the Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day
The document takes into account:
;
.
____________________________________________________________________
____________________________________________________________________
This document is applied to the extent that it does not contradict the Labor Code of the Russian Federation. - Cm. .
- Database manufacturer's note.
____________________________________________________________________
State Committee of the Council of Ministers of the USSR on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions
decide:
1. Approve the Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, according to the appendix.
This Instruction shall be put into effect simultaneously with the entry into force of the List of productions, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved.
2. With the entry into force of the Instruction approved by paragraph 1 of this resolution, the Instruction on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by a resolution of the State Committee, does not apply Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated December 29, 1962 N 377/30, with the addition provided in Appendix No. 1 to the resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated August 10, 1971 year N 323/P-17.
Vice-chairman
State Committee of the Council
USSR Ministers for Labor Affairs
and wages
S. Novozhilov
Secretary
All-Union Central
Council of Trade Unions
V. Prokhorov
Application. Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day
Application
to the resolution of the State Committee for Labor
USSR and the Presidium of the All-Union Central Council of Trade Unions
dated November 21, 1975 N 273/P-20
I. General provisions
1. Additional leave and a shortened working day are provided to workers, engineering and technical workers and employees in accordance with the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day *, approved by a resolution of the State Committee of the Council USSR Ministers for Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22.
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* In the future, for brevity, will be referred to as the List.
The names of the professions of workers and positions of engineering and technical workers and employees provided for in the List are indicated in accordance with the Unified Tariff and Qualification Directory of Work and Professions of Workers, the Qualification Directory of Professions of Workers, Communications Workers and Junior Service Personnel not included in the Unified Tariff and Qualification Directory jobs and professions of workers, for whom monthly salaries are established, as well as the Unified Nomenclature of Employee Positions.
2. In accordance with paragraph 2 of Resolution of the Council of Ministers of the USSR of June 17, 1960 N 611, changes and additions to the List can be made by ministers and heads of departments of the USSR and the Councils of Ministers of the Union Republics in agreement with the State Committee of the Council of Ministers of the USSR on Labor and Wages, All-Union Central Council of Trade Unions and the USSR Ministry of Health.
Proposals for approval of changes and additions to the List are accompanied by:
conclusion of the district (city) sanitary and epidemiological station on the actual state of working conditions in production, workshops and areas where workers, engineers and employees work, regarding whom the petition is being filed;
organizational and technical measures developed with the involvement of relevant research institutes to eliminate industrial hazards in these areas, indicating the timing of completion of these works;
data on the number of workers, engineering and technical workers and employees in respect of whom the question of providing additional leave or shortened working hours is raised, and on additional costs for these purposes.
3. According to paragraph 3 of Resolution of the Council of Ministers of the USSR dated June 17, 1960 N 611, ministers and heads of departments of the USSR, the Councils of Ministers of the Union Republics, in cases where the hazards of work in production are reduced or eliminated, are obliged, in agreement with the State Committee of the Council of Ministers of the USSR on issues labor and wages, the All-Russian Central Council of Trade Unions and the USSR Ministry of Health to reduce the duration of additional leave or not provide it at all, and also to establish in these cases a working day of normal length.
When commissioning new enterprises, production facilities and workshops, ministries and departments of the USSR and the Councils of Ministers of the Union Republics are obliged to consider the need to provide workers, engineers and technical workers and employees of these enterprises, production facilities and workshops with additional leave and a shortened working day, regardless of the fact that at existing enterprises that produce similar products, additional leave and shortened working hours are established. On the decision taken in each individual case to provide workers, engineering and technical workers and employees with additional leave and a shortened working day of the ministries and departments of the USSR, the Councils of Ministers of the Union Republics with the necessary organizational, technical, medical and economic (data on the number of workers who will be provided benefits, and additional costs for these purposes) with justifications are reported to the State Committee of the USSR Council of Ministers on Labor and Wages and the All-Union Central Council of Trade Unions.
4. The right to additional leave and a shortened working day is available to workers, engineering and technical workers and employees whose professions and positions are provided for in production and workshops in the relevant sections of the List, regardless of what sector of the national economy these productions and workshops are located in.
Example. Workers and engineers of foundry production (except for non-ferrous castings) of mechanical engineering, agricultural machinery, light, food and other industries are provided with additional leave and reduced working hours in accordance with the subsection "Foundry production" of the "Metalworking" section.
Workers and engineers of foundry production of non-ferrous metals at mechanical engineering, agricultural machinery, light, food and other industries are provided with additional leave and a reduced working day in accordance with the subsection “Processing and recycling of non-ferrous metals” (“Preparation of charge” and “Smelting and casting of non-ferrous metals") in the section "Non-ferrous metallurgy".
Workers in woodworking workshops, regardless of the enterprises in which industries these workshops are located, are provided with additional leave and a shortened working day according to the list of industries, workshops, professions and positions provided for in the section “Woodworking Industries”.
Additional leave and shortened working hours should be provided only to those workers, engineering and technical workers and employees whose professions and positions are provided for in the relevant industries and workshops.
5. In cases where the List contains sections or subsections that provide for certain types of work (such as “Painting work”, “Welding work”, “Forging and pressing work”), additional leave and shortened working hours must be provided independently depending on the production or workshop in which the work is performed.
6. Workers, engineering and technical workers and employees whose professions and positions are provided for in the section “General professions of all sectors of the national economy” are granted additional leave and a reduced working day regardless of what production or workshop they work in, if these professions and positions are not specifically provided for in the relevant sections or subsections of the List.
Example. According to paragraph 92 of the section “General professions of all sectors of the national economy”, a boiler room driver (stoker) engaged in servicing steam and hot water boilers operating on solid mineral and peat fuels, when loading manually, enjoys the right to additional leave of 12 working days at industrial and construction enterprises and transport. If a boiler room operator (stoker) services residential and administrative buildings and buildings with central heating, then in accordance with paragraph 1 of the subsection “Housing” of the section “Housing and communal services and consumer services for the population”, he must receive an additional leave of 6 working days.
7. Foremen, assistants and assistant workers whose professions are included in the List are granted additional leave and a shortened working day of the same duration as workers in the corresponding professions.
Example. The section “General professions of all sectors of the national economy” provides for additional leave of 6 working days for a loader who is constantly engaged in loading and unloading operations with dust-bearing and other toxic cargo. Consequently, the loader foreman should be given additional leave of the same duration as the loader, i.e. 6 working days. In the subsection “Open-pit mining operations in operational and open-pit mines under construction, as well as surface mining and geological exploration” of the “Mining operations” section, an additional leave of 12 working days is provided for the excavator driver engaged in mining and stripping. This driver's assistant must also be given an additional 12 working days of leave.
II. Additional leave
8. Additional leave is granted simultaneously with annual leave. It is prohibited to refuse to provide annual leave to workers, engineering and technical workers and employees entitled to additional leave due to harmful working conditions.
Full additional leave according to the List is granted to workers, engineering and technical workers and employees if they actually worked in production, workshops, professions and positions with hazardous working conditions for at least 11 months during the working year.
The length of service that entitles these employees to additional leave also includes:
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Paragraph three of paragraph 8 declared invalid from February 1, 2002 - decision of the Supreme Court of the Russian Federation dated April 15, 2004 N GKPI04-481.
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a) period of temporary incapacity for work;
b) the time of maternity leave, the time women perform light work in connection with pregnancy, as well as the time women perform other jobs to which they were transferred due to breastfeeding or the presence of children under one year of age;
c) time for performing state and public duties.
9. Replacement of additional leave with monetary compensation is not allowed. Payment of this compensation can only take place upon dismissal of the employee. If a worker, technical engineer or employee has worked in production, workshops, professions and positions provided for in the List for less than 11 months in a working year, then he is granted additional leave in proportion to the time worked. Workers, engineering and technical workers and employees permanently employed in production, workshops and areas with hazardous working conditions, additional leave can be granted in full and before the expiration of 11 months, if the annual (main) leave is provided in advance. In cases where an employee’s right to annual (main) and additional leave arises at different times, these leaves are provided to him simultaneously and in full. In this case, the length of service giving the right to a new leave for the next working year is calculated separately for both annual (main) and additional leave;
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Sentence five of paragraph 9 declared invalid decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.
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Example. The worker began work that entitled him to additional leave on February 3, 1975. In September 1975 he was fired. Consequently, in this case, he will be paid monetary compensation in proportion to the time worked for both annual (main) and additional leave.
The shop foreman, entitled to additional leave, started working in March 1974. In February 1975 he went on vacation. In this case, he was provided with both annual (main) and full additional leave. In July 1975, the said foreman was transferred to the position of engineer in the plant management. Consequently, when going on subsequent leave, this employee will no longer be granted additional leave due to harmful working conditions, not in full, but in proportion to the time worked in the production that gives the right to this leave.
In November 1973, the worker went to work in a production facility with hazardous working conditions, where an additional leave of 12 working days was established. In October 1974, he was granted leave for a total of 24 working days. When drawing up vacation schedules for 1975, this worker was provided with vacation (for the second working year) in June 1975. Since in this case, annual (main) leave was provided in advance, additional leave should also be provided in advance and in full.
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Paragraph three of the Example to paragraph 9 declared invalid from February 1, 2002, in part of the words: “and completely” - decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.
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The worker was hired into the supply department in August 1974. In February 1975, he was transferred to a job with hazardous working conditions, where all workers were given additional leave of 12 working days. When going on leave in July 1975 (for the first working year), this worker, along with the annual (main) leave, must be given additional leave in full. In this case, the length of service for subsequent vacations will be calculated separately.
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Paragraph four of the Example to paragraph 9 declared invalid from February 1, 2002, in part of the words: “in full” - decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI04-481.
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10. When calculating length of service, which gives the right to additional leave or payment of compensation for it in proportion to the time worked, the number of full months of work in industries, workshops, professions and positions with hazardous working conditions is determined by dividing the total number of days of work during the year by the average monthly number of workers days. In this case, the remainder of days constituting less than half of the average monthly number of working days is excluded from the calculation, and the remainder of days constituting half or more of the average monthly number of working days is rounded up to a full month.
11. In cases where workers, engineers and technical workers and employees worked in different industries, workshops, professions and positions during the working year, for work in which additional leave of unequal duration is granted, the time worked in hazardous working conditions is calculated separately for each job, based on the duration of additional leave established by the List for employees of the relevant industries, workshops, professions and positions.
Example. The worker worked for two months as a transporter in the production of titanium from loparite concentrate. For four months he worked as a cloakroom attendant, receiving and issuing dirty workwear, and for the next five months he was employed as a storekeeper, distributing and receiving tools in the same production. While working as a transporter, this worker must be given additional leave of 2 working days (one working day for each month of work at the rate of 12 working days per year), while working as a cloakroom attendant - 6 working days (1.5 working days for each month of work at the rate of 18 working days per year) and during work as a storekeeper distributing and receiving tools - 5 working days (one working day for each month of work at the rate of 12 working days per year). In total, for eleven months of work in hazardous working conditions, this worker must be given additional leave of 13 working days.
12. In counting the time worked in industries, workshops, professions and positions with hazardous working conditions provided for in the List, only those days are counted on which the employee was actually employed in these conditions for at least half of the working day established for employees of this production, workshop, profession or position.
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The first paragraph of this Instruction is not valid from April 1, 2017 - see the decision of the Supreme Court of the Russian Federation dated January 26, 2017 N AKPI16-1035.
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When recording “permanently employed” or “permanently working” in the List, only those days on which the employee was actually fully employed in these conditions are counted against the time worked in production, workshops, professions and positions with hazardous working conditions provided for in the List. a working day established for employees of a given production, workshop, profession or position.
13. Workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work in production, workshops, professions and positions with harmful working conditions, provided for in the List, for certain periods of time, additional leave is granted for the same on the same grounds as workers, engineers and employees whose professions and positions are included in the List.
Example. Due to production needs, a mechanic who has welding rights is entrusted with performing electric welding work indoors. In this case, the mechanic must be granted additional leave at the rate of 12 working days per year of work in proportion to the time worked as an electric welder.
14. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary workshops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) during their work in production, workshops and areas with hazardous working conditions, where additional leave is established according to the List for both the main workers and the repair and maintenance personnel of these production, workshops and areas, this leave must also be provided in accordance with the procedure provided for in paragraphs 8 - 12 of these Instructions.
Example. An assembler of the Construction and Installation Department, in order to fulfill a contract agreement, installs an overhead crane in the steel smelting shop of a metallurgical plant in the span above the operating furnaces. In this area, steelworkers, steel pourers, mechanics for repairing metallurgical equipment, crane operators and maintenance personnel, according to the List, are granted additional leave of 12 working days per year of work. In this case, the fitter of the construction and installation department should also be given additional leave at the rate of 12 working days in proportion to the time worked at this site.
A worker in the repair shop of an enterprise, in accordance with the schedule of planned preventative repairs of equipment, repairs equipment in the existing chemical shop, in which all main workers, repair and maintenance personnel are given additional leave of 12 working days per year of work. Consequently, the worker of the repair shop must be provided with additional leave at the rate of 12 working days in proportion to the time worked in this workshop.
A worker in the repair shop of an enterprise repairs equipment in the wire drawing shop of a hardware production facility, where, according to the List, only the wire drawer and the grinder receive additional leave. The List does not provide for additional leave for repair workers in this workshop. In this case, the specified repair shop worker should not be granted additional leave.
15. The duration of additional leave for workers, engineering and technical workers and employees specified in paragraph 14 of this Instruction, in all cases, should not exceed the duration of additional leave for repair and maintenance personnel provided for in the relevant sections and subsections of the List.
16. With the establishment of annual leave of at least 15 working days by the Fundamentals of the legislation of the USSR and union republics on labor, the total duration of annual leave, taking into account additional leave provided to workers, engineering and technical workers and employees for work in industries, workshops, professions and positions with harmful working conditions remains unchanged.
Example. When working on premises, a gas welder had the right to annual leave with a total duration of 24 working days, of which 12 days for work in hazardous working conditions. Currently, this leave for a gas welder must be granted for the same duration.
For persons entitled to receive annual (main) leave of 18, 24, 36 or 48 working days and working in production, workshops and areas with hazardous working conditions, the total duration of leave (including annual and additional in connection with hazardous working conditions ), established before the introduction of this Instruction, also does not change.
17. For disabled blind people working at enterprises, additional leave due to harmful working conditions is added to the annual (main) leave.
18. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.
Example. When laying asphalt pavements at an altitude of 2800 m above sea level, an asphalt concrete worker (asphalting worker) may be granted additional leave on two grounds: as an asphalt concrete worker - for 6 working days, and as a worker performing work at an altitude of 2800 m above sea level, for 12 working days. The specified asphalt concrete worker (asphalting worker) may receive additional leave of 12 rather than 18 working days.
III. Half-holiday
19. A shortened working day in accordance with the duration specified in the List is established for workers, engineering and technical workers and employees only on those days when they are employed in hazardous working conditions for at least half of the shortened working day established for employees of a given production, workshop, profession or position.
When entered in the List as “permanently employed” or “permanently working,” a shortened working day in accordance with the duration specified in the List is established for workers, technical workers and employees only on those days when they are actually employed in hazardous working conditions during the entire shortened working day.
20. For workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work on certain days in production facilities, workshops, professions and positions with hazardous working conditions provided for in the List, a shortened working day is established on these days the same duration as workers, engineering and technical workers and employees permanently employed in this work.
21. In cases where workers, engineers and technical workers and employees during the working day were engaged in various jobs with hazardous working conditions, where a shortened working day of varying lengths was established, and in total worked in these areas for more than half of the maximum duration of the shortened day, their working day should not exceed 6 hours.
22. Workers, engineering and technical workers and employees of third-party organizations (construction, construction and installation, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary workshops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc. .) on the days of their work in existing production facilities, workshops and areas with hazardous working conditions, where a shortened working day is established for both the main workers and the repair and maintenance personnel of these production facilities, workshops and areas, a shortened working day is also established in the order provided for in paragraphs 19 and 21 of these Instructions.
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
The government of the Ulyanovsk region decrees:
1. Introduce the following changes to the Decree of the Government of the Ulyanovsk Region dated June 15, 2015 No. 273-P “On approval of the Regulations on assessing the effectiveness of the activities of organizations managing apartment buildings in the Ulyanovsk Region”:
1) paragraph 2 should be stated as follows:
"2. To recommend that local self-government bodies of municipalities of the Ulyanovsk region take part in assessing the effectiveness of the activities of organizations managing apartment buildings in the Ulyanovsk region, in accordance with this resolution.”;
2) in the Regulations on assessing the effectiveness of the activities of organizations managing apartment buildings in the Ulyanovsk region:
a) in section 1:
clause 1.1 after the word “order” is supplemented with the word “implementation” and in it the word “construction” is replaced with the word “drafting”;
in paragraph 1.2, the word “carried out” is replaced with the word “carried out”, the words “its application” are replaced with the words “application of its results”;
b) in section 2:
in paragraph 2.2, the words “according to the criterion established in paragraph 3” should be replaced with the words “in accordance with the criteria provided for in lines 3 and 9-11”;
in paragraph 2.3, the words “according to the criterion established in the paragraph” are replaced with the words “in accordance with the criterion provided for in the line”, the words “federal and regional printed publications” are replaced with the words “periodic printed publications distributed in the territory of the Ulyanovsk region”;
clause 2.4 should be stated as follows:
"2.4. Local self-government bodies of municipalities of the Ulyanovsk region, which have decided to participate in assessing the effectiveness of the activities of management organizations (hereinafter referred to as local government bodies of municipalities of the Ulyanovsk region), carry out an assessment of the effectiveness of the activities of management organizations within the boundaries of the relevant municipalities of the Ulyanovsk region in accordance with the criteria provided lines 1, 2 and 4-7 of the appendix to this Regulation, based on information received in accordance with the Federal Law of July 21, 2014 No. 209-FZ “On the State Information System of Housing and Communal Services”, as well as provided by management organizations as part of participation in assessing the effectiveness of their activities.”;
c) in section 3:
in the title, replace the word “Construction” with the word “Compilation”;
in clause 3.1, the word “Construction” should be replaced with the word “Drawing up”, the word “produced” should be replaced with the word “carried out”;
clause 3.2 should be stated as follows:
"3.2. The rating of management organizations is compiled on the basis of ranking management organizations based on the total number of points assigned to management organizations in accordance with all criteria for assessing their activities. The highest position in the ranking is occupied by the management organization that received the highest total number of points.”;
in paragraph 3.3:
in paragraph one, replace the words “drawn up in the form” with the words “drawn up in the form”;
in paragraph four, replace the words “collected by the management organization” with the words “issued by the management organization”;
clause 3.4 should be stated as follows:
"3.4. The first rating number in the table indicates the management organization that received the highest total number of points. Next, management organizations are indicated in descending order of the total number of points awarded to them.”;
d) in the application:
in the title, replace the word “Criteria” with the word “Methodology”;
the words “Score in points” are replaced with the words “Number of points”, the words “Standard of performance of management organizations (maximum number of points)” are replaced with the words “Maximum number of points”;
in column 2, line 2, the words “Percentage (amount) of collection of payments for housing and communal services for the reporting period” should be replaced with the words “Percentage of the volume of payments for residential premises and utilities received in the reporting period in the total volume of payments for residential premises and utilities, accrued in the specified period";
in column 2 of line 3, replace the word “licensed” with the word “licensed”;
Column 2, line 4 should be amended as follows:
“The percentage of the number of requests for elimination of malfunctions, accidents in in-house equipment, in-house engineering systems, violations of the quality of provision of public services (hereinafter referred to as emergency applications) received by the emergency dispatch service in the reporting period, in the total number of emergency applications received by the emergency dispatch service in the specified period<2>And<3>»;
in column 2 of line 5, replace the words “for the reporting period from consumers living in apartment buildings managed by the management organization” with the words “during the reporting period”;
in column 2 of line 6, replace the word “calculation” with the word “calculation”;
add lines 9-11 with the following content:
|
The number of violations of mandatory requirements for the maintenance of adjacent areas of apartment buildings identified by the regional state housing supervision body in the reporting period |
0 violations/5 points 1 violation/4 points 2 violations/3 points 3 violations/2 points 4 violations/1 point 5 violations and more/0 points |
|||
|
Percentage share of the number of orders of the regional state housing supervision body unfulfilled by the management organization in the total number of orders issued to the management organization by the specified body<4> |
0 percent/5 points percent/4 points from 11 to 20 percent from 21 to 30 percent/ from 31 to 40 percent more than 40 percent |
|||
|
Percentage share of the number of multi-apartment buildings for which the management organization has posted reports on the implementation of management contracts for multi-apartment buildings for the previous year in the state information system of housing and communal services, in the total number of apartment buildings, the management activities of which are carried out management organization<5> |
100 percent/5 points 98-99 percent/4 points 96-97 percent/3 points 94-95 percent/2 points 92-93 percent/1 point less than 92 percent/ |
in column 4, replace the number “1” with the numbers “1.6”;
in column 5, replace the numbers “5.375” with the numbers “8.375”;
in a footnote<2>the word “subscribed” should be replaced with the word “served”;
in a footnote<3>:
Paragraph one should be stated as follows:
«<3>The coefficient of the average duration of operation of the housing stock (the number of points assigned to management organizations in accordance with the criteria provided for in lines 3-5 of this appendix is multiplied by: ";
in paragraphs two to six, replace the word “residential” with the word “housing”;
add footnotes<4>And<5>the following content:
«<4>The percentage of the number of orders of the regional state housing supervision body that have not been fulfilled by the management organization in the total number of orders issued by the management organization by the specified body is determined by the following formula:
P = P unused / P ext × 100, where:
P non-compliance - the number of orders of the regional state housing supervision body not fulfilled by the management organization in the current year on a cumulative basis;
P vyd - the number of orders issued to the management organization by the regional state housing supervision body in the current year on a cumulative basis.
<5>The value of the indicator is determined on the basis of information contained in the register of licenses of the Ulyanovsk region on the number of apartment buildings, the management of which is carried out by the management organization.”
- This resolution comes into force the next day after the day of its official publication.
Chairman
Regional Government A.A. Smekalin
