Not every worker in life encounters the provisions of Art. 147 of the Labor Code of the Russian Federation. This is a special section of the law governing the remuneration of workers engaged in heavy production. And those, if you look, we have a lot. In each case, allowances are regulated by special documents. If interested, let's figure it out.
The content of Art. 147 of the Labor Code of the Russian Federation
In fact, the text in this section is quite short. Art. 147 of the Labor Code of the Russian Federation in the new edition has only three points. The first refers to the fact that some categories of workers are entitled to a supplement to the basic salary. Moreover, the list of these workers is not given. That is, it is determined by another document. The second paragraph of Art. 147 of the Labor Code of the Russian Federation determines the minimum border surcharge. It makes up four percent of the salary. This is the lower limit that cannot be changed downwards. This will be considered a serious violation of the law. But to increase it under certain conditions is possible, even necessary. The third paragraph refers to another article of the TC, namely to the 372nd. He talks about the procedure for establishing surcharges. The gigantic work of many departments and agencies concerned with the document fits compactly into rather short contents. The implementation of the provisions of this article is not an easy task.
List of professions and positions (Labor Code of the Russian Federation, Ch. 21, Art. 147)
As already mentioned, the first paragraph states that some workers should pay extra for working conditions. They are called harmful and (or) dangerous. Naturally, these are not determined by eye, according to the head of the enterprise. Back in Soviet times, there was a document regulating wage rates. He is now acting. The administration relies on its provisions when setting rates to employees of enterprises. And here is who to pay extra and how much, according to Art. 147 of the Labor Code of the Russian Federation, indicated by special decrees of the Government of the Russian Federation. When developing them, the working conditions themselves, the degree of injury risk, and the applied protective equipment are taken into account. All this needs to be investigated, checked and risks identified. After all, it is for them that a person receives an additional fee. His health is at stake. Of course, the employer must do everything to protect the worker. But this is not always possible for natural reasons. For example, when working in a mine, force majeure circumstances arise, leading to accidents and occupational diseases. These are precisely the risks for which the employee is paid extra money.
About benefits for health workers
There are such professions when in the performance of official duties a person is exposed to mortal danger. This is taken into account in the provisions of the Labor Code of the Russian Federation. Art. 147 with comments concerns not only miners. TO dangerous professions physicians working with AIDS patients and some other ailments (for example, tuberculosis) are also considered. Depending on the degree of risk, their premium is from 15 to 60 percent of salary. In addition, other specialists, such as laboratory assistants, researchers, scientists, work with hazardous materials. They are also entitled to a surcharge. By a special resolution, the listed categories of workers reduced the working week to 36 hours. And their holidays are longer than others. The same applies to military doctors working with dangerous patients. But their salary is regulated by acts of the Ministry of Defense of the Russian Federation. Workers receive a bonus of 12-24 percent. It is established according to the results of a special procedure - certification.
Benefits of miners
The premium for slaughter workers is set at least ten percent of the salary. That is, the government determines only the minimum border surcharge.Article 147 of the Labor Code of the Russian Federation for miners is implemented through a tripartite agreement. That is, a document is created that is signed by the government, the trade union organization and the enterprise. This act indicates the list of professions entitled to a certain surcharge. The size of the latter is also strictly determined. The employees are introduced to the document at the enterprise under their signature. And union representatives should monitor compliance with this tripartite agreement by the administration. That is, if it seems that you are paid little, you can contact this organization. They should hold negotiations with the administration, look at the documents and give a concrete and reasonable answer.
Benefits for chemical workers
This is another category of workers who have established surcharges. If a person works with chemical weapons, then a premium is set for him. It grows depending on the length of service. The longer you work under such conditions, the greater the surcharge. It is clear that this production is harmful to health. That is why the Government of the Russian Federation took care of the protection of these categories of citizens. Workers (civilian and military) who are involved in servicing the nuclear arsenal are paid one and a half salaries. This is also regulated by a separate decree. The job is dangerous. In practice, all of the above conditions are strictly observed. However, sometimes there are unscrupulous or simply illiterate employers, mostly owners of private enterprises. They are trying to reduce labor costs. What to do to a person faced with fraud?
Where to look for protection?
It should be noted that there are government bodies whose responsibilities include monitoring the implementation of the TC. This is where you should turn if the trade union organization did not help. So, write a statement to the examination of working conditions. It controls the legitimacy of establishing allowances, the determination by the enterprise of a list of relevant professions. Examination works strictly. The state puts human health first. If you haven’t helped here, then go to the prosecutor’s office. She is obliged to appear in a labor dispute on the side of the employee. Judicial practice under Article 147 of the Labor Code of the Russian Federation is not particularly wide. As a rule, the administration strictly monitors compliance with the law. Indeed, in the event of a loss of litigation, you will have to pay not only the worker, but also a fine. In addition, the employee must show all documents relating to working conditions. This is part of the contract with the company. It should indicate what kind of work a person undertakes to perform, in what volumes and under what conditions. And the premium, if it is put, is established in the order. With him, too, the personnel officer introduces the person under signature. Copies of all documents should be requested from the employer. If required, in writing. They will become the basis for winning a lawsuit if it comes to it. Usually this does not happen.
Conclusion
The considered article of the Labor Code does not apply to all citizens. It refers to specialized provisions of the law. Nevertheless, knowledge of its contents will help protect against fraud from the outside. unscrupulous employer. And its implementation in a hazardous or hazardous production to some extent is a guarantee for a worker who risks health.
