Can the employer prove the identity of the profession. On establishing the identity of professions, positions and organizations (structural units), see

Regulations on bonuses - a sample of this document can be useful for employers who want to minimize the risk of violating the current legislation and protect their interests in the event that employees who have not received an award suddenly feel that their rights have been violated. In our article you will find information about which laws regulate the procedure for drawing up the provision on bonuses and its implementation in the activities of the enterprise. You will also learn what such a provision should look like and what information to include in it.

Material incentives for employees (general provisions)

The current labor legislation does not contain the concept of a bonus and does not impose an obligation on the employer to calculate it. However, there are still references to the possibility of establishing monetary payments of this kind for an employee in the Labor Code.

So, wages, in accordance with the provisions of Art. 129 of the Labor Code of the Russian Federation, consists of 3 parts:

1. Remuneration for the work of an employee, the amount of which depends on his qualifications, complexity, quantity and quality of work performed by him, as well as the conditions in which they were carried out.
2. Compensation payments (additional payments and allowances paid for special working conditions, for example, work in difficult climatic conditions).
3. Incentive payments (bonuses, allowances and surcharges).

In this case, para. 1 tbsp. 191 of the Labor Code of the Russian Federation indicates that the bonus is a way of rewarding an employee who conscientiously performs his labor duties. This means that the employer has the right to independently determine the amount of such incentives and the timing of its transfer to the worker. This is also indicated by the Ministry of Labor of the Russian Federation in a letter dated 09.21.2016 No. 14-1 / В-911.

Normative grounds for drawing up a provision on bonuses

According to par. 2 tbsp. 135 of the Labor Code of the Russian Federation, the remuneration system (including the bonus system that determines the procedure and rules for calculating the bonus, as well as determining its size) is established by collective agreements, agreements or relevant local regulations in force within the enterprise. A properly drafted bonus regulation allows the employer to minimize the risk of conflicts with employees. Moreover, such a document grants him the right to adjust the size additional payment depending on a variety of internal and external factors that affect the activities of the enterprise.

When drawing up a provision on bonuses, one should not forget about the inclusion of an item on the possibility of calculating a bonus in an employment contract concluded with an employee. Bonus payments, in accordance with paragraph 2 of Art. 255 of the Tax Code of the Russian Federation, refer to labor costs. At the same time, remuneration, the payment of which is not provided for by the labor agreement / contract, are not included in the expenses that reduce the tax base (clause 21 of article 270 of the Tax Code of the Russian Federation). This means that incorrectly drawn up documents may lead to the recognition of the costs incurred for the payment of the premium as unreasonable.

Regulations on bonuses for employees - features of drawing up

When drawing up a provision on bonuses, it is worth considering the following points:

1. The document must indicate the criteria, the compliance with which is the basis for bonuses to the employee. In the absence of such an indication, the prize is recognized part of wages - which means that its payment becomes an obligation, and not the right of the employer (in particular, this conclusion is contained in the ruling of the Leningrad Regional Court No. 33-5015 / 2010 of 14.10.2010). Of course, it is possible not to accrue a bonus in this case, however, for this, the management will have to issue a corresponding additional order.
2. The regulation should include an indication that the payment of the premium is possible only if the company has financial capacity. Otherwise, even the fact that the organization is undergoing serious economic difficulties will not become the basis for canceling payments.

Regulations on salaries, bonuses and annual bonuses - can they be combined

The current legislation does not establish either a sample of the provision on bonuses, or the exact requirements for the document, so the employer can draw up it independently, guided by the internal policy of the organization. This means that the position can take the form:

Don't know your rights?

• an independent document;
• section of the collective agreement;
• section of the provisions on remuneration.

The regulation on remuneration (wages) is one of the internal documents drawn up by the employer and used to resolve issues related to the calculation and payment of wages to employees. The legislator does not oblige employers to draw up this document and does not prohibit them from creating it in any form convenient for use. This means that the wage regulation used in the company may include a section regulating the procedure for the appointment and payment of bonuses to employees, and in fact replaces a separate provision on bonuses. This circumstance should be taken into account using a third-party sample of the provisions on wages and bonuses, since you can draw up your own document defining the procedure for calculating and calculating both bonuses and salaries in general.

Separately, it is worth noting the possibility of drawing up a document regulating the procedure for paying an annual bonus, an informal one called the thirteenth salary. A sample of the annual bonus regulation can be downloaded from our website, but it is important to take into account that it is rarely drawn up as a separate document (this usually happens in very large holding companies). As a rule, the nuances of calculating this type of material incentives are established in the corresponding section of the bonus regulations in force at the enterprise.

How to determine the optimal form of the document, taking into account the characteristics of the enterprise

The form of an employee bonus regulation may depend on many factors, including the size of the company and the internal policies of its management. So, for large companies staffed by employees different categories, it is advisable to create several separate documents defining the procedure and grounds for calculating the premium for each of them. For example, bonuses can be calculated separately for production, sales, administrative workers, managers, specialists and employees, etc.

If the company is small or the bonus is issued to all its employees on the same terms, regardless of what type of work they perform, it is possible to regulate the procedure for payment of funds in a single local act or even stipulate it in collective agreement or wage regulations. Thus, a sample provision on bonuses for employees of an LLC may differ significantly from an example of a similar document developed for a large corporation or holding.

The structure of the provision on bonuses

The bonus regulation usually has the following structure:

1. General Provisions.
2. Types of bonuses paid to employees of the enterprise.
3. The procedure for calculating the amount of bonuses and its approval.
4. Types of violations for the admission of which a premium is not charged.
5. Final provisions.

You can download a sample of the regulations on bonuses for employees of the enterprise on our website. The document can be used both for familiarization and for drawing up your own regulation, reflecting the needs and characteristics of a particular enterprise. However, it is not at all necessary to adhere to this structure, since the legislator, as already mentioned above, does not establish any requirements for the content of the document.

The content of the provision on bonuses to employees of the enterprise

When compiling a document using this structure, it is worth knowing what information needs to be included in each section of the bonus provision. V general view sections can be completed as follows:

1. General Provisions. It indicates the categories of workers to whom the document applies, and the goals for the achievement of which it was adopted. The goals can be specified:

• increasing labor productivity;
• a decrease in the level of marriage;
• increase in production efficiency, etc.

1. Types of awards. Awards can be one-time and ongoing. The former are accrued to employees in connection with some significant event (for example, an anniversary date for the enterprise), the latter are paid periodically (for example, monthly, quarterly or annually).
2. Accrual procedure. This section of the regulation establishes the procedure for processing the documentation necessary for calculating bonuses, and also identifies the persons responsible for its preparation and preparation. Here you can also indicate the amount of bonus payments (for example, 30% of the official salary of employees), as well as the conditions under which the specified indicator is subject to adjustment.
3. Violations for which a premium is not awarded. Here is a list of the employee's misdemeanors and omissions, for which the bonus is reduced or not charged at all. It may include:

• appearance at work in a state of alcoholic intoxication;
• absenteeism;
• failure to comply with orders and orders of the management;
• damage to the property of the enterprise;
• improper performance by an employee of his job duties etc.

1. Final provisions. This part of the document describes the procedure for the entry into force of the document, and also determines the period of its validity.

So, the provision on bonuses is the main document governing the procedure for determining the amount of bonus payments and their transfer to employees. The legislator does not impose on employers the obligation to draw up such a regulation and its implementation at the enterprise, however, its application in practice allows protecting the interests of both employees and the employer himself, as well as ensuring compliance with the norms of the current labor legislation. To navigate in the amount of information to be included in this document, you will be helped by examples of provisions on bonuses to employees of the enterprise, which can be downloaded from the links above.

The organization develops the bonus system independently. That is, the organization has the right to establish any types of bonuses for employees. Prizes can be issued in cash and in kind.

The procedure for paying bonuses can be fixed in the following documents:

• employment contract(paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation);

• collective agreement (part 2 of article 135 of the Labor Code of the Russian Federation);

• a separate internal document of the organization (for example, inBonus Regulations ) (part 2 of article 135, part 1 of article 8 of the Labor Code of the Russian Federation).

Who is obliged to develop the Regulation on bonuses

Development of Bonus provisions is a right and not an obligation of the organization. Such a document is required if the organization plans to develop a bonus system. If the bonuses are of a one-time nature, then for their payment it is enough to issue an order signed by the head of the unified form No. T-11 or No. T-11a(if bonuses are paid to several employees at once) (part 1 of article 8 of the Labor Code of the Russian Federation).

Document format

Typical form There is no provision on bonuses in the legislation. This document is compiled in free form .

Usually in Bonus Regulations indicate:

• general provisions(information about who is entitled to receive prizes, according to what rules the prizes are distributed, from what source they are funded);

• bonus indicators (for which the employee is entitled to a bonus);

• the procedure for awarding bonuses;

• the circle of employees who receive bonuses;

• size of bonuses (fixed amount, percentage of salary);

• frequency of premium payments (monthly, quarterly, etc.);

• conditions for the reduction and non-accrual of bonuses to the employee (deprivation of the employee bonus).

Situation: whether it is possible to include in the Regulation on bonuses a condition that employees who pass probation, are there no bonuses?

No.

Employees who are on probation are subject to all provisions Labor Code RF, collective agreements, agreements, local regulations (Article 70 of the Labor Code of the Russian Federation).Bonus regulations is local regulation... It should establish indicators and conditions for bonuses for each category of personnel (workshop, department, group, etc.) or for each position held. In this case, the accrual of premiums and their size should depend only on the degree of fulfillment of these indicators (conditions). A different approach would discriminate against employees who successfully cope with their duties during the probationary period.

Any discrimination in determining the terms of remuneration is prohibited (Article 132 of the Labor Code of the Russian Federation). Moreover, the concept of "remuneration" includes not only wages, but also compensation and incentive payments, including bonuses (Article 129 of the Labor Code of the Russian Federation). Compliance with labor laws is monitored by labor inspectorates. An employee who was not awarded a bonus just because he is undergoing a probationary period has the right to contact the labor inspectorate with a complaint to the organization. Even if such a condition is spelled out in the Bonus Regulations.

If the employee proves that all the indicators and conditions of bonuses have been met, then the organization and its head Labour Inspectorate or the court can bring to administrative responsibility under Article 5.27 of the Code of the Russian Federation on administrative offenses(Article 23.12 and part 2 of Article 23.1 of the Administrative Code of the Russian Federation). The amount of the fine is:

• for a manager - from 1000 to 5000 rubles;

• for an entrepreneur - from 1000 to 5000 rubles;

• for an organization - from 30,000 to 50,000 rubles.

Repeated offenses are punished as follows:

• for the manager ( official) - a fine in the amount of 10,000 to 20,000 rubles. or disqualification for a period of one to three years;

• for an entrepreneur - a fine in the amount of 10,000 to 20,000 rubles;

• for an organization - a fine in the amount of 50,000 to 70,000 rubles.

Such measures of responsibility are provided for by parts 1 and 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Coordination and approval

After Bonus regulations will be drawn up, agree it with the representative body of employees (if any) and approve it with the head of the organization (part 4 of article 135 of the Labor Code of the Russian Federation). Familiarize employees with the Regulations against signature (part 3 of article 68 of the Labor Code of the Russian Federation). To do this, attach a blank sheet to the document for review, where employees will put their signatures.

Incentive payments

Ch. 20 of the Labor Code of the Russian Federation.

Based on the norms set out in Part 1 of Art. 129 of the Labor Code of the Russian Federation, in addition to wages it is allowed to accrue incentive payments to employees, which include:

1. Surcharges and various allowances. The specified type of incentives can be established for the employee, for example, for the level of qualification (obtaining an academic degree, in the presence of a supporting document, etc.). Significant experience and work experience at a particular enterprise can serve as the basis for calculating and paying a premium. This type of incentive can be determined either as a fixed amount or as a percentage of the salary.
2. Incentive payments. Can be installed one-time, for example:
   • material assistance to employees;
   • retirement benefit;
   • payment for vouchers when referring to sanatorium treatment, etc.
3. Awards, which we will discuss in detail below.

Note! All these types of incentives, the procedure and grounds for their accrual and other information are indicated in the collective agreement, as well as in the local acts of the LLC (part 2 of article 135 of the Labor Code of the Russian Federation).

Important! Internal rules should not in any way worsen the position of employees in comparison with the legislation (part 4 of article 8 of the Labor Code of the Russian Federation).

Prize: concept

Under the terms of Part 1 of Art. 129 of the Labor Code of the Russian Federation, the premium is considered part of the salary. Based on the provisions of Part 1 of Art. 191 of the Labor Code of the Russian Federation, employees who faithfully perform their duties are subject to bonuses.

Part 2 of Art. 135 of the Labor Code of the Russian Federation also says that this type of incentive should be regulated by local regulations, for example:

• regulations on bonuses;
• collective agreement;
• labor regulations.

It is also possible to issue an individual act - an order of the head regarding bonuses to one or several employees.

Important! The letter of the Ministry of Labor of Russia dated 09.21.2016 No. 14-1 / В-911 states that the bonus, as a component of wages, is charged for a period of more than half a month, respectively, its accrual is made based on the results of the work performed, only after evaluating the relevant indicators.

The timing of the premium payment can be different:

• monthly;
• Once a quarter;
• Once a year;
• bonus for a different period of work.

Specifically, the timing of the payment of the premium should be specified in the local regulations of the enterprise, and if a specific date is set, this will not be a violation of Part 6 of Art. 136 of the Labor Code of the Russian Federation.

The main purpose of the awards is to stimulate employees to be successful labor activity in LLC, they also contribute to improving the quality of work, professional growth.

Types of awards

It is customary to distinguish between several types of awards:

1. By form of payment:
   • monetary;
   • marketable, in the form of a specific gift.
2. By intended purpose:
   • when achieving high performance results;
   • performing a specific task.
3. According to the assessment of labor performance indicators:
   • individual;
   • collective.
4. By way of accrual:
   • absolute, i.e. fixed size;
   • relative, in the calculation of which certain percentages and surcharges are taken into account.
5. By frequency:
   • systematic bonuses paid regularly;
   • one-time awards.
6. According to established indicators, such as, for example:
   • for the length of service;
   • for a holiday or anniversary;
   • at the end of the next working year for an employee at the enterprise.

We draw up a provision on bonuses

Note! There is no separate chapter in the Labor Code of the Russian Federation devoted to the bonus, the procedure for its accrual, payment. Art. 191 of the Labor Code of the Russian Federation contains only the concept of a bonus (this is an incentive to an employee for conscientious execution their job responsibilities). Accordingly, it follows that the procedure for calculating this type of incentive is at the discretion of the employer. This is confirmed by the letter of the Ministry of Labor of Russia dated 09.21.2016 No. 14-1 / В-911.

The employer is allowed to fix the procedure for bonuses in the following ways:

1. Prescribe the specified conditions in labor agreement with an employee.
2. Include rules on bonuses in the regulation on remuneration.
3. Introduce a provision on bonuses.

When composing and introducing such a provision, it is necessary to take into account the following points:

• The bonus should be provided not only by the regulation, but also by the employment contract, since payments not specified in the employment contract, in accordance with Art. 270 of the Tax Code of the Russian Federation cannot be taken into account as expenses for the purpose of calculating income tax (relevant for LLC on the general taxation system).
• An indication of the periodic payment of a bonus without the criteria for calculating the latter actually means the employer's obligation to accrue an incentive payment, regardless of the quality of the employees' work (determination of the Leningrad Regional Court dated October 14, 2010 No. 33-5015 / 2010).
• It is permissible to make the payment of the premium dependent on financial condition enterprises, otherwise the specified right turns into an obligation. The courts confirmed the fact that the financial insolvency of the enterprise is not accepted as an excuse for non-payment of the premium (resolution of the Federal Antimonopoly Service of the Moscow District of 20.02.2012 in case No. A40-132269 / 10-88-506B).

Sample bonus regulation

As it was already found out above, the provision on bonuses is a local normative act, accordingly, its text is developed and approved by the management of the LLC.

The sample clause should include the following information:

1. General Provisions:
   • its name as a document;
   • an indication that the document is a local normative act developed in accordance with the norms of the current labor legislation;
   • an indication of the name of the company (if specified position developed for a separate department: sales, sales, etc., then a link to it);
   • a list of employees covered by the specified document (if necessary);
   • the purpose of the introduction of the document;
   • reference to the right, and not the obligation of the employer to calculate the bonus;
   • source of funding for bonus payments.
2. Bonus indicators:
   • a list of grounds on which the premium is subject to accrual;
   • basic indicators;
   • the amount of the established premium;
   • the procedure for calculation and calculation;
   • a list of grounds on which the employee may be deprived of payment.
3. Award submission:
   • the procedure for making payments and terms;
   • the procedure for approving lists of employees for bonuses;
   • the procedure for issuing a promotion order.
4. Final provisions:
   • the procedure for approving the document;
   • the procedure for making changes;
   • period of validity of the provision.

Rules on bonuses in the regulation on remuneration of LLC

Note! The regulation on remuneration is also a local regulatory legal act. Its main task is to systematize and describe the mechanism for issuing and calculating wages, as well as bonuses and other additional and incentive payments.

The regulation on remuneration may consist of the following sections:

1. General information regarding:
   • the name of the enterprise in which it is adopted;
   • the procedure for making payment of wages;
   • payment of leave;
   • making deductions from wages;
   • the procedure for the payment of wages, including upon the death of an employee, failure to fulfill official duties.
2. Information regarding the official salary:
   • its size and order of determination;
   • the procedure and grounds for changing the salary rate;
   • the procedure for registration of changes in the monthly rate.
3. Supplements (bonuses):
   • a list of existing additional payments at the enterprise;
   • grounds for calculating incentive payments;
   • the procedure for payment on weekends and holidays, night time.

There are no clear recommendations establishing the need to combine in one document the provision on remuneration with the provision on bonuses. Each employer, when resolving this issue, acts at its own discretion.

Introduction of provisions on remuneration and bonuses at the enterprise

Important! The moment of entry into force of the provision on bonuses or the provision on remuneration can be spelled out in the text of the document itself. Moreover, if the validity period is not limited by any date, then it will be considered unlimited.

These local regulations are approved by the head of the enterprise, but taking into account the opinion of the representative body of employees (part 4 of article 8, article 372 of the Labor Code of the Russian Federation). This requirement must be observed regardless of the size of the trade union organization (ruling of the Leningrad Regional Court dated August 21, 2013 No. 33-3211 / 2013).

Moreover, according to the terms of Part 2 of Art. 74 of the Labor Code of the Russian Federation, the employer, upon the introduction of these acts, is obliged to notify his employees about this, since wages are an essential condition of the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation). Moreover, part 2 of Art. 74 of the Labor Code of the Russian Federation does not oblige the administration to create separate notifications for each employee, for this it is enough only to sign the employee on the order and familiarize himself with the regulation.

Features of bonuses to the director of LLC

Features of the director's bonuses are caused by the uniqueness of his legal status in LLC. If in relation to other employees he is the employer, then in relation to him the employer is the LLC itself in the person of its founders.

Conclusion! Therefore, the award is not allowed to be issued by the order of the director (part 2 of article 135, article 191 of the Labor Code of the Russian Federation).

The grounds for awarding bonuses to the director are also enshrined in the employment contract or the local act of the organization.

The decision to pay a bonus to the director is made by the participants of the LLC and fixed by:

• protocol general meeting members of the company;
• by the decision of the sole participant of the LLC.

If the director illegally paid himself a bonus, then the participants can:

• demand from him compensation for the damage caused (Article 277 of the Labor Code of the Russian Federation);
• initiate the dismissal of the director (clause 9-10 of article 81 of the Labor Code of the Russian Federation).

Important! The payment of a bonus based on an order from a director may result in tax office disputes the reduction in taxable profit by the amount of the premium.

Note! In the event that the director is sole participant society, then he makes the decision on bonuses independently.

The regulation on remuneration at the enterprise is an act that contains general information on the procedure for calculating wages and the mechanism of its payment. In addition, the specified document may include the procedure for calculating various incentive payments, such as a bonus. If necessary, it is possible to draw up an independent provision on bonuses. Both of these documents are approved by the head of the enterprise.

The Ministry of Health and Social Development of Russia was granted the right (at the suggestion of the federal executive authorities) to establish not only the identity of the local, previously used (outdated) names of workers' professions and the names of professions provided for in Lists No. 1 and No. 2, taking into account which an old-age retirement pension is assigned early identity of positions and organizations ( structural units).

It should be borne in mind that a resolution on the identity of the specified names of professions, positions and organizations can be adopted in relation to all categories of workers for whom an old-age labor pension is established ahead of schedule in accordance with Art. 27 and 28 Federal law dated 17.12.2001 No. 173-FZ "On labor pensions in Russian Federation”(Hereinafter - Law No. 173-FZ).

The basis for establishing identity can only be documents submitted by federal executive bodies, or information on the individual (personified) registration of the insured person, from which it should be clear that the nature of work in a previously used profession (position) is similar to the nature of the work of the profession (position) provided for Art. 27 and 28 of Law No. 173-FZ or lists of relevant types of work.

The purpose of establishing the identity of the professions is as follows:

To preserve the possibility of being included in the length of service, giving the right to the early appointment of an old-age retirement pension in accordance with Art. 27 and 28 of Law No. 173-FZ, periods of work in those professions in which, according to the previous legislation, the right to preferential pensions was given and which, without changing the nature of work and working conditions, were unified in the profession with other names provided for in Art. 27 and 28 of Law No. 173-FZ or lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age retirement pension is assigned ahead of schedule;

To preserve the possibility of including in the length of service, giving the right to early assignment of an old-age retirement pension, periods of work in professions that were local, that is, not provided for by the industry tariff and qualification reference books of work and professions of workers (TCS) that were in force at the time of their establishment, or the corresponding issues of the Unified Tariff and Qualification Reference Book of Work and Professions of Workers (ETKS), but the nature of their work corresponds to the tariff and qualification characteristics of those professions that are provided for in Art. 27 and 28 of Law No. 173-FZ or lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age retirement pension is assigned ahead of schedule.

The practice of applying the legislation on pensions shows that the professions for which it is necessary to establish identity in the manner prescribed by the Decree of the Government of the Russian Federation No. 516 of July 11, 2002, are available in almost all industries and sectors of the economy, and therefore, this problem affects the interests of a large number of insured persons ...

Lists of relevant types of work, taking into account which an old-age labor pension is assigned ahead of schedule in accordance with sub. 1, 2, 4, 5, and 7 p. 1 of Art. 27 of Law No. 173-FZ, contain many professions of workers that previously had other names. The federal law does not contain provisions that provide for the possibility of including in the length of service in the relevant types of work, taking into account which an old-age retirement pension is assigned ahead of schedule, periods of work in professions that previously had other names.

Therefore, the Ministry of Labor of Russia (in agreement with the FIU and the presentation of a number of federal bodies executive power of the Russian Federation) adopted a resolution of 01.04.2003 No. 15 "On the establishment of the identity of the professions of workers, work in which gives the right to early assignment of an old-age retirement pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of paragraph 1 of Article 27 of the Federal Law “On labor pensions in the Russian Federation” ”(hereinafter - Resolution No. 15).

This resolution established:

The identity of the professions of workers provided for by List No. 1 of industries, jobs, professions, positions and indicators in underground work, in jobs with especially harmful and difficult working conditions, employment in which gives the right to a retirement age (old age) pension on preferential terms, and the List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a retirement age (old age) on preferential terms (approved by the decree of the Cabinet of Ministers of the USSR dated 26.01.1991 No. 10), professions that previously had other names, which are provided for by Lists No. 1 and No. 2 of industries, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts (approved by the decree of the Council of Ministers of the USSR No. 1173 dated 22.08.1956), and which, on the basis of resolutions of the State Committee for Labor of the USSR in the period before January 1, 1992, when revising the corresponding issues of the ETKS, were unified in the profession, incl. included in Lists No. 1 and No. 2 (approved by Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10);

Identity of workers' professions provided for in the List of industries and professions textile industry work in which gives the right to an old-age pension upon reaching 50 years of age and with a work experience in these industries and professions of at least 20 years (approved by the Government of the Russian Federation of 03/01/1992 No. 130), to those professions that previously had other names that provided by the List of industries and professions, work in which gives workers of textile industry the right to receive an old-age pension upon reaching 50 years of age and with at least 20 years of work experience in these professions (approved by the decree of the Council of Ministers of the USSR dated November 10, 1967 No. 1021), and which, on the basis of the decisions of the State Committee for Labor of the USSR in the period before the entry into force of the Government of the Russian Federation of 03/01/1992 No. 130, when revising the relevant issues of the ETKS, were unified in the professions included in the List, approved. Decree of the Government of the Russian Federation of 03/01/1992 No. 130;

The identity of the professions of workers provided for in the List of professions of workers of locomotive brigades, as well as the professions and positions of workers of certain categories, directly carrying out the organization of transportation and ensuring the safety of traffic on railway transport and the metro, enjoying the right to pension benefits in accordance with sub. "D" Art. 12 of the Law of the RSFSR of 20.11.1990 No. 340-1 "On state pensions in the RSFSR" (hereinafter - Law No. 340-1), for those professions that previously had other names, which are provided for by Lists No. 1 and No. 2 of industries, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts (approved by the decree of the Council of Ministers of the USSR dated August 22, 1956 No. 1173), and which, on the basis of resolutions of the USSR State Committee for Labor, in the period before the entry into force of the RF Government Decree of April 24, 1992 No. 272, when revising the corresponding issues of the ETKS, were unified in the professions included in the List, approved. Decree of the Government of the Russian Federation of 24.04.1992 No. 272;

The identity of the professions of workers provided for in the List of professions and positions of workers and foremen (including senior ones), employed directly in logging and timber rafting (including maintenance of machinery and equipment), who enjoy the right to pension benefits in accordance with paragraph “g” of Art. 12 of Law No. 340-1 (approved by Decree of the Government of the Russian Federation No. 273 of 24.04.1992), those professions that previously had other names that are provided for by Lists No. 1 and No. 2 of industries, shops, professions and positions that give the right to a state pension preferential terms and in preferential amounts (approved by the decree of the Council of Ministers of the USSR dated 08.22.1956 No. 1173), and which, on the basis of the decisions of the State Committee for Labor of the USSR, in the period before the entry into force of the RF Government Decree No. in professions included in the List, approved by Resolution of the Government of the Russian Federation of 24.04.1992 No. 273.

Resolution No. 15 applies only to the professions of workers provided for in Lists No. 1 and No. 2 (approved on August 22, 1956 No. 1173), as well as the List of Textile Workers (approved on March 1, 1992 No. 130), the names of which, during the preparation of new issues of ETKS, were changed into connections with their dissonance or unified in connection with the identity of the nature of work in the profession with other names.

In subsection 5 of Section XV "Production of metalworking" of List No. 2 (approved in 1956) in the production of metal coating by the galvanic method, a number of workers' professions were envisaged ("oxidizer", "electroplating", "nickel plier", "passivator", " chrome plating ", etc.), carrying out the process of electroplating. Later, due to the identity of the nature of the work, all these professions were unified into one profession “galvanic”, provided for in ETKS (issue 2) and included in subsection 5 of section XV of List No. 2 (approved in 1991).

Resolution No. 15 does not apply to managers and specialists. The question of the identity of the job titles of these employees is decided in each specific case by the Ministry of Health and Social Development of Russia in agreement with the FIU, and at the same time only in relation to those positions that previously had other names and identical job functions.

It is impossible to establish the identity of those positions that are provided for in the current All-Russian classifier of professions of workers, positions of employees and tariff categories(OK 016-94) and staffing tables approved by organizations, since these employees have different job responsibilities.

Guided by Decree No. 15, the bodies providing pensions can count in the length of service, which gives the right to early assignment of an old-age retirement pension, the time of work in professions that previously had other names, regardless of the period during which the work in these professions took place. work book.

V.G. Belyakin, deputy. Head of the Pension Provisions Division of the Social Insurance Development Department and state security Ministry of Health and Social Development of Russia

One of the conditions that determine the right to early assignment of an old-age labor pension in accordance with Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pensions, approved. Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, is the performance of work in professions and positions corresponding to those professions and positions that are provided for by these Lists.

Information about the name of the profession or position of a particular employee is contained in his work book ... An employee's work book is the main document confirming his permanent employment during a full working day at work in a profession or position provided for in Lists No. 1 and No. 2.

Unfortunately, work books often contain information about the name of the profession or position that does not correspond to both the nature of the work performed and the professions and positions indicated in Lists No. 1 and No. 2 (inaccurate, incomplete, double, adjacent or arbitrary names), which causes certain difficulties in determining the right of an employee to early retirement benefits both for organizations and for territorial bodies The Pension Fund RF providing retirement benefits.

In some cases, situations caused by the inconsistency of the names of professions and positions with the actual work performed or with those professions and positions that are directly provided for in Lists No. 1 and No. 2 are resolved on the spot by the administration of the organization, in others - on the basis of the correct application of the current regulatory legal documents.

An employee's work book may contain, for example, the name of the profession, which is not provided for in Lists No. 1 and No. 2 (this, as a rule, applies to earlier periods), although the nature of the work performed by him corresponds to the profession, whose employees enjoy the right to early retirement security.

There can be two situations here:

The first is that the employee has a local (outdated) name of the profession recorded in the work book, which is not provided for by the tariff and qualification reference book of work and professions of workers in force at that time;
second - the name of the profession is indicated in the work book, which was at that time in the tariff and qualification reference book of work and professions of workers, which subsequently, without changing the nature of work, was unified into another profession provided for in Lists No. 1 and No. 2.

In both situations, the employee should not be deprived of the right to early retirement benefits. Therefore, in the first case the identity is established local (outdated) names of professions and names of professions provided for in the current ETKS and Lists No. 1 and No. 2, in accordance with the Decree of the Government of the Russian Federation of 11.07.2002 No. 516. Identity of the nature of the work performed and work in the profession specified in Lists No. 1 and No. 2, is established by the administration of the enterprise (organization), and the final decision on the identity of the professions and the crediting of such a period to the length of service in the relevant types of work is made by the Ministry of Health and Social Development of Russia in agreement with the Pension Fund of the Russian Federation on the proposal of the federal executive authorities.

In the second case, the issue is considered taking into account the decree of the Ministry of Labor of Russia dated 01.04.2003 No. 15, establishing the identity of the professions of workers provided for by the previously valid Lists No. 1 and No. 2, approved. in 1956, the names of which, during the preparation of new issues of ETKS, were changed due to their dissonance or unified due to the identity of the nature of work in the profession with other names.

In practice, an employee's work book can be entered erroneous entry about the name of the profession that does not correspond to the actual work performed and other documents establishing this name of the profession.

This situation is corrected in the manner prescribed by the Rules for maintaining work books, making work book forms and providing employers with them, approved. Resolution of the Government of the Russian Federation dated 01.04.2003 No. 225.

In this case, the administration of the enterprise (organization) that made this entry, on the basis of primary documents (order for employment, translation note, etc.), enters into the work book correction erroneous entry about the name of the profession. On the basis of this entry in the work book, the bodies providing pension provision count in the length of service, which gives the right to the early appointment of an old-age retirement pension, the entire period of work, including the one preceding the correction.

Sometimes an employee is assigned related profession, which is provided for by Lists No. 1 and No. 2. This, as a rule, is reflected in the work book. In practice, such cases are often encountered.

Considering them, it should be borne in mind that the right to early retirement benefits gives the very fact of work in the professions and positions provided for in Lists No. 1 and No. 2, which must be confirmed by an entry in the work book about hiring or transferring to such work (unless in this case additional clarification about the nature of work and working conditions is required) or by appropriate clarifying certificates ...

Thus, if an employee has an entry in his work book that he has been assigned a related profession provided for in Lists No. 1 and No. 2, then this is not enough to determine his right to early assignment of an old-age retirement pension for work in this profession, since this record does not confirm that the employee was consistently performing full-time work in this profession.

The fact of assignment of a related profession in addition to the main one, even if it is recorded in the work book, cannot serve as a basis for granting the right to early assignment of an old-age retirement pension, as well as for refusal to pre-schedule an old-age retirement pension, if additional to the profession provided for in Lists No. 1 and No. 2, there is a record of the assignment of an additional allied profession that is not provided for in these Lists.

An additional entry on the assignment of a related profession in the employee's work book may serve as the basis for providing rights or denial of the right to early assignment of an old-age retirement pension, if the actual performance of work in this profession is documented.

In ETKS and Lists No. 1 and No. 2, professions are provided under a general name, that is, they are basic professions, for example: "borehole driller" - in construction, "raw mill operator" - in the production of cement. However, in some cases, the worker may be installed derived profession name... This does not change the nature of the work.

Workers who have been assigned occupational titles derived from the basic occupations provided for in the Schedules are also eligible for early retirement benefits. This is established by clause 9 of the clarification of the Ministry of Labor of Russia dated 05.22.1996 No. 5 (hereinafter - clarification No. 5).

Section XVII (subsection 1 "Cement production") of List No. 2 provides for pneumatic pump operators. In this case, senior pneumatic pump operators and their assistants, as derivatives of the profession, will be eligible for early retirement benefits.

In accordance with the All-Union and All-Russian classifiers of workers' professions, office positions and wage grades (respectively OKPDTR 1 86 016 and OK O1694), derived professions include “senior” and “assistant”.

For certain industries, the derived profession "assistant" in the specified classifiers and ETKS is provided as an independent one. So, in ETKS (issue 42, 1985) there are the following professions: "assistant operator (roaster) of rotary kilns", "assistant operator of raw mills", "assistant operator of coal mills", "assistant operator (roaster) of shaft furnaces" and “Assistant Cement Mill Operator”.

Workers of these professions, along with machinists, are provided for in subsection 1 "Cement production" of section XIV of List No. 1. At the same time, this subsection includes workers by profession "calcinator driver", but their assistants are absent. In this situation, clause 9 of Clarification No. 5 is applied, which makes it possible to include work in this profession in the length of service for the appointment of an early retirement pension.

Clarification No. 5 explains that managers and specialists acquire the right to early retirement benefits regardless of education, qualifications and specialization. What in this case should be understood by qualifications and specialization an employee?

In Lists No. 1 and No. 2 and in other Lists, taking into account which an old-age retirement pension is assigned ahead of schedule, managers and specialists are provided to whom the said pension is assigned ahead of schedule, depending on the position in which the Lists and All-Union classifier professions of workers, positions of employees and wage grades (OKPDTR), they are busy.

The name of the position is established by the employer in accordance with staffing table approved by the organization. At the same time, the name of the position does not always correspond to the specialization (qualification). Specialization (specialty) and qualifications are acquired by a citizen after graduation educational institution.

Thus, in accordance with clause 10 of Clause 5, the right to early retirement benefits is enjoyed by managers and specialists whose positions are provided for in the Lists, regardless of education (higher, secondary, primary), as well as qualifications and specialization.

In this case, we mean the qualifications and specialization acquired by the citizen after graduation from an educational institution of any level... The specialty and qualifications are recorded in documents (diplomas) on graduation from an educational institution. There are inaccuracies in the examples in clause 10 of Clause 5. The right to early retirement benefits is enjoyed by those managers and specialists whose positions directly provided in the Lists of the relevant types of work.

During production activities a manager or a specialist working in a certain position may be assigned a category (class) of qualifications, for example: engineer of the second category, engineer of the first category, etc.

Those working in positions provided for in the OKPDTR, but not included in the Lists, on the basis of which an old-age retirement pension is assigned ahead of schedule, do not enjoy the right to this pension.

Lists No. 1 and No. 2 provide for the professions of workers double-named, for example: "cleaning operator" - in the production of work on the processing of quartz (subsection 2 of section XVI of List No. 2, item 3170500a-16239); “Crusher-grinder” - in glass production (subsection 1 of section XVIII of List No. 2, item 2190100 - 11918); “Blacksmith-punch operator” - in forging and pressing production (subsection 2 of section XI of List No. 1, item 1110200a-13229).

These professions were created as a result of the combination of two professions, therefore, the characteristics of their work, contained in the corresponding issues of the ETKS, reflect the work characteristic of the two professions. But this does not mean that workers with such names of professions must necessarily perform all the work specified in the tariff and qualification characteristics for these professions.

In this case, to establish a unified profession and the right to early retirement benefits for this profession, it is sufficient to perform one type of work.

The crusher-grinder will be early assigned an old age retirement pension in accordance with List No. 2 (Section XVIII, Subsection 1), if he constantly performed work during a full working day only on crushing lump quartz in furnacesthermal crushingor just grinding in disc mills.

However, at the same time in the work books of workers there may be entries reflecting only one of the combined professions, for example: "adopted (translated) by the grinder" or adopted (translated) by the grinder ". In this case, it is first of all necessary to bring the name of the profession in accordance with the ETKS.

The issue of early retirement benefits for such workers for the period of work before January 1, 1992 is decided in accordance with List No. 2 (both professions are provided for in subsection 1 of section XIX), approved. in 1956, taking into account the RF Government decree of 24.04.2003 № 239. The period of work after 1992 is considered in accordance with decree № 15, since these professions are identical to the profession "grinder-grinder".

Such professions as “apparatchik-hydrometallurgist” in non-ferrous metallurgy, “apparatchik-condenser” in light industry, “lineman” at power plants cannot be regarded as professions with a double name.

This is the single name for the profession of an apparatus operator and a machinist who (unlike other apparatchiks and machinists) perform specific work, respectively: for conducting hydrometallurgical processes on special devices for the extraction of non-ferrous metals from ore concentrates and waste of various industries using aqueous solutions (apparatus-hydrometallurgist) ; for maintenance and control of work by bypassing the main and auxiliary equipment operating at the power plant (turbine equipment inspector). These professions also include: "master blaster" - in the mining industry; “Chill mold-assembler” - in the foundry; "Neutralizer apparatus" - in the production of synthetic tanning agents, etc.

Thus, if a worker in certain periods according to his work book is listed (was) an apparatchik, machinist, lineman, then the issue of early retirement benefits for these periods cannot be considered in the manner described above.

Such situations are considered in accordance with current legislation... In this case, first of all, it is necessary to consider the issue of the correct name of the profession, as a result of which a negative decision is made on the right to early retirement benefits or a decision to correct the entry on the name of the profession with subsequent actions.

In some cases, occupations and positions are indicated in the work books of employees that do not fully correspond to their names according to ETKS and staffing tables.

So, in the work book of the employee, the entry "installer for installation reinforced concrete structures"Or" master construction works", Although in the All-Union and All-Russian classifiers professions of workers, positions of employees and tariff categories are provided for: the profession of "assembler for the installation of steel and reinforced concrete structures" (ETKS, issue 3) and the position of "master of construction and installation work".

The formal discrepancy in the names of the profession and position causes certain difficulties for the bodies providing pensions in establishing the right to early assignment of an old-age retirement pension. Such profession and job titles should not be considered erroneous and the corrective actions described above should not be taken.

In this case, incomplete name of one profession (position), reflecting the nature of the work of the installer for the installation of steel and reinforced concrete structures and the job functions of the master of construction and installation works.

These profession and position are provided for in section XXVII of List No. 2 without additional justifications (factors). Therefore, such periods of work can be counted in the length of service, which gives the right to early retirement benefits. At the same time, in order to prevent controversial situations, in the future it is advisable to bring such names of professions and positions into full compliance with the ETKS and the staffing table.

Separate items of sections of Lists No. 1 and No. 2 contain bracketed entries, which are not in all cases treated uniformly, therefore, their legal meaning requires a certain explanation.

In one case, such records have concretizing meaning, that is, they limit the right to early assignment of an old-age retirement pension to a specific category of workers (profession or position) or the nature of work (working conditions).

In position 1020200а-1753а of List No. 1 in the entry “workers (technological and repair personnel) employed in work with the use of cyanide solutions "To It is specified that the right to early retirement benefits is acquired by workers of only technological and repair personnel. Other workers are not eligible for early retirement benefits under this position.

In position 1030200а-13698 of List No. 1, the record "distributor drivers (without remote control) "and excludes from the recipients of the early retirement pension the drivers servicing the distributors with remote control.

In position 2210200а-10519 of List No. 2, in the entry “padding apparatchiks (when working onblack aniline dyes) "To it is specified that in this case the right to early retirement benefits is acquired by padding apparatchiks engaged in impregnating fabricsblack aniline dyes.

In the second case, these records have expansion value, that is, they reveal the meaning of a particular position.

In positions 1110400а-13790 "crane drivers (crane operators) employed in hot work areas "R Section XI "Metalworking" of List No. 1, 1010600а-14812 "Typesetters in mines (mines)" of Section I of List No. 1, bracketed entries disclose that the right to earlythe appointment of an old-age labor pension is used, respectively, by crane operators and crane operators, if the workers have such an entry in the work book, as well as sample compositors working both in mines and in mines.

In position 1030200a-15701 "operators of continuous casting machines engaged in hot work (filling station, gas cutting, main post, harvesting mechanisms) «H The entry in parentheses reveals the concept of "hot work" for workers of this category: control from the casting control panel of various mechanisms involved in the continuous casting process; machinery control gas cutting; conducting the process of continuous casting of billets from the main control panel on machines of various capacities; control of harvesting mechanisms on machines of continuous orsemi-continuous casting of blanks.

The employment of the operator of the continuous casting machine at one or more of the listed works, confirmed by documents, gives the right to the early appointment of an old-age labor pension in accordance with the specified item of List No. 1.

In position 21400006-24043 of section XIII "Power plants, power trains, steam power facilities "WITH squeak No. 2 there is an entry “shift supervisors of boiler houses, turbine (steam and gas turbine), boiler and turbine,dust preparation workshops and fuel supply workshops ". The bracketed notation "(steam and gas turbine) "N but in practice it causes certain difficulties.

This refers to the structural divisions of power plants, the main technological equipment of which are the turbines installed in them. These can be gas turbine, steam turbine, steam and gas turbine shops, and in some cases, turbine shops.

The main condition for the appointment of a pension in connection with special conditions Labor means permanent full-time employment in jobs in the professions and positions provided for in the Lists. Full-time work means the performance of work in the working conditions provided for by the Lists, at least 80% of the working time.

At the same time, the specified time includes the time for performing preparatory and auxiliary work, and for workers performing work with the help of machines and mechanisms, also the time for performing repair work of a current nature and work on the technical operation of equipment.

When combined different works or professions and positions the nature of the work is changing, and, consequently, the working conditions. Therefore, in such cases, the issue of the right to early assignment of an old-age retirement pension is resolved in different ways. So, an old-age pension when combining work is assigned:

According to List No. 2, if one of the combined jobs is provided for in List No. 1, and the other is in List No. 2 (if the duration of work provided for in List No. 2 is over 20% of the working time);
on a general basis, if the employee combines work that gives and does not give (over 20% of working time) the right to early retirement benefits.

In cases where Lists No. 1 and No. 2 indicate production and work without listing of professions and positions, the right to early retirement benefits is acquired by all employees, regardless of the position held or the name of the profession. In such cases, pupils also enjoy the equal right to early retirement benefits.

Thus, the right to early assignment of an old-age retirement pension according to List No. 1 is enjoyed by all workers employed full-time in underground mining operations.

Workers, managers and specialists of chemical enterprises engaged in the production of chemical products listed in Lists No. 1 and No. 2 enjoy the right to early retirement benefits, regardless of the name of the profession or position.

For correct decision the issue, the administration of the enterprise (organization), together with the bodies providing pension provision, must determine the list of professions and positions of workers who are employed in such industries or work.

If necessary, the enterprise (organization) can apply to the local authorities of the state examination of working conditions. To determine the right to early retirement benefits of such workers, tariff and qualification reference books can be used, technological maps, instructions and other documents