Civil contract and training on labor protection

Is there an obligation to provide instructions to the performer/contractor under a civil contract?

The procedure for conducting occupational safety briefings is established by Resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29.

The procedure stipulates that any persons participating in the production activities of the organization undergo introductory briefing on labor protection (clause 2.1.2 of the Procedure), and any persons participating in production activities undergo initial training at the workplace before starting independent work (clause 2.1.4 Order).

In this regard, the Ministry of Labor explained that if persons with whom a civil contract has been concluded participate in the production activities of the organization (for example, perform work or provide a service on the organization’s premises, use the organization’s equipment and raw materials, etc.), then they will be subject to initial training at the workplace (Letter of the Ministry of Labor dated May 17, 2019 No. 15-2/ОOG-1157).

What is a labor protection agreement

In 1995, “Recommendations for planning activities related to occupational safety” were formed. However, in 2013, this act lost force due to the fact that an order developed by the Ministry of Labor came into force. Despite this, the structure of the agreement in question is standard. The goal is to protect the activities of the company, or rather its employees, during the performance of their functions. The agreement must describe:

• deadlines established for the implementation of actions of protective significance in the world of work;
• citizens who are responsible for the implementation of security measures.

In practice, this agreement can take several forms. In particular, this is executed in the form of a separate act or as an annex to the main agreement. Most often, a table is used to draw up a contract. Authorized employees of the company state in it:

• measures aimed at labor protection;
• price for execution of work;
• the number of citizens working in the company;
• the period allocated for the performance of work.

In addition, it should be stated who is responsible for the production of a particular event. Often you will need to indicate the name of the action being carried out, the period and an indication of the person responsible for it. When the deed is formed, signatures must be placed on it.

Signs are affixed to the company management and citizens who are responsible for the implementation of safety regulations.

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The difference between an action plan and an occupational safety agreement

There are several differences between these acts. They are that:

1. The standard agreement contains a larger list of issues related to labor protection. The list of these measures is reflected in the Order of the Ministry of Labor, developed in 2012 under No. 181.
2. Also, the differences are in the amount and period, and the persons responsible. The agreement helps the company plan its budget more accurately.
3. When the management of an organization signs the act in question, the citizen can demand their execution. If the requirements are not met, then the complaint to the labor inspectorate will be justified.

Labor protection of specialists engaged under civil contracts

Since civil contracts are regulated by civil law, Contractors under such contracts do not have the right to social insurance in case of temporary disability and in connection with maternity (unlike employees). Accordingly, the Customer company does not pay contributions to the Social Insurance Fund for remuneration under such agreements. It is also worth noting that, according to clause 16 of the “Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations” (Resolution of the Ministry of Labor and Social Development of the Russian Federation dated October 24, 2002 N 73), serious accidents and accidents with fatalities that occur with persons performing work on the basis of a civil contract are investigated in the prescribed manner by state labor inspectors based on a statement from the victim, members of his family, as well as other persons authorized by the victim (members of his family).

How to register correctly

This act is in written form; it reflects measures aimed at labor protection. The process of forming an agreement begins with the parties to such a relationship negotiating. This event has a collective significance. This means that representatives of the company administration and team members are present.

It will be necessary to issue an order that a commission is being created. This body is entrusted with obligations related to the preparation of the text of the document. The law specifies that discussions can last no more than three months. When complete agreement is not reached between the participants, the act reflects only that part of the issues on which consensus has been reached.

At the same time, it is necessary to create a protocol reflecting the disagreements that have arisen between the parties. The meeting participants can then continue to resolve these issues. As a result, a collective dispute is formed, reflected in Art. 61 Labor Code of the Russian Federation.

If it happens that the participants accept each other’s position and sign the document, then it begins to take effect. The act becomes valid for three years. Persons then have the right to extend it. It is worth considering that the parties have the opportunity to choose a different way to form an agreement. Then the document becomes part of the collective agreement. At the same time, the duration of these acts will be the same. It is understood that the application must be signed on the same day as the specified act.

Labor protection measures included in the agreement

When the document in question is generated, it must indicate a certain list of activities. These include:

1. Organizational type. It is assumed that an assessment is made of the conditions in which citizens work. This must be done at least once every five years. The agreement specifies the conditions that an individual employee can use.
2. Conducting qualification testing and training related to the area in question. This must be done every year.
3. Formation of instructions related to the safety of the activities performed.
4. Drawing up a list of professions that require additional fees. The reason is the connection with activities that affect life and health.
5. There are also technical events. It is envisaged that a check will be carried out regarding what conditions exist in the company. The current standards and requirements of the sanitary plan are taken into account.
6. All workers should receive personal protective equipment. Responsibility for ensuring it falls on an individual employee of the company. This is necessary to ensure that work is carried out safely.
7. In addition, attention must be paid to fire safety. Management takes upon itself the responsibility to create acts prescribing rules of conduct for citizens during the outbreak of a fire. It is also necessary to install alarms that would warn of the occurrence of fire in the premises. This includes the formation of an evacuation scheme.

In order for a particular company to comply with all the rules, it is necessary to form a commission. It includes the management of the organization and citizens who are responsible for the implementation of safety regulations. These persons are obliged to check the fulfillment of the listed conditions every year, 2 times.

Employment contract with a specialist employee

Approximate form

Employment contract

with a specialist worker

___ _____________ 20___ city __________________

Administration _________________________________________________, called

(name of organization, enterprise, etc.)

hereinafter referred to as the Employer, represented by ___________________________________________,

(position, surname, first name and patronymic)

acting on the basis ______________________________________________,

(charter, regulations, power of attorney)

on the one hand, and the citizen of Russia _______________________________________

(last name, first name, patronymic, details

___________________________________________________, hereinafter referred to as (May)

passport or equivalent document)

— An employee acting in his own interests and on his own behalf, with

the other parties have entered into this employment contract as follows:

Article 1.

1. This employment contract regulates labor and other relations

between the Employer and the Employee (a specialist in the field (business, part) -

name of specialty, qualification characteristics, etc.).

2. Work under this employment contract is the main place

Work of the Employee.

Article 2.

The employee is hired as a __________________________

(specify position

________________________________________________ to perform the following

and place of work - structural unit)

labor functions: ________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Start date: ___ _______________ 20__

1. Option 1. ______________________________________________________________

_________________________________________________________________________

... labor functions: (indicate the name of the topic (task), type (form),

structure (composition) of the work performed).

Start date: ___ _______________ 20__

2. The completed work must meet the following requirements: _______

_________________________________________________________________________

(indicate the requirements for the results of the work, its scientific, technical and

socio-economic level, efficiency, quality, etc.).

Article 3.

The employee is obliged:

— fully comply with all requirements and conditions of the employment contract;

- when working in buildings, premises, on the territory of an enterprise

The employer must comply with established labor protection rules;

- use equipment and devices correctly and for their intended purpose,

transferred to him by the Employer under the terms of the contract or lease;

- maintain the confidentiality of information that has become known to him

in the process of work, if they constitute a trade secret of the Employer.

Article 4.

The employee has the right:

- attend meetings and participate in events,

related to the performance of work under an employment contract;

- independently organize work to fulfill conditions

employment contract;

— rent the necessary instruments and equipment;

— demand from the Employer to fulfill the terms of the employment contract.

Article 5.

The employer is obliged:

— fully comply with all terms and requirements of the employment contract;

— inform the Employee about ongoing scientific, technical and

production meetings and activities related to the implementation

terms of the employment contract;

— control the Employee’s work in terms of timing, quality and volume of work

in the manner prescribed by the employment contract;

— immediately inform the Employee about circumstances affecting the progress of

fulfillment of this agreement.

Article 6.

The employer has the right:

— allow the Employee free of charge or on a rental basis

use existing equipment and production facilities;

— take the necessary measures to change the progress of labor implementation

obligations under this agreement without prejudice to the interests of the Employee;

— at the request of the Employee or organizations, evaluate his work according to

employment contract (recommendation).

Article 7.

1. For the normal work of the Employee, the Employer undertakes to create

favorable and safe working conditions for him.

2. The Employer also undertakes to: provide the Employee free of charge

(option: rent) the following equipment (devices): _____________

_________________________________________________________________________

for a period of __________ on the following conditions ________________________________,

provide the following services ________________________________________________,

allocate the following financial and other resources to ______________________________.

Article 8.

This employment contract was concluded on » » ______________ 20__

indefinite term.

Article 9.

1. The Employee’s place of permanent work is ____________________.

(department, workshop, etc.)

2. Position of the Employee _____________________________________________________.

3. The workplace must be equipped with ___________________________

(telephone, office equipment, computer, etc.).

4. Transfer of an Employee to another workplace is permitted only with

his consent.

Article 10.

Option 1. The Employee, in agreement with the Employer, determines

your work schedule.

Option 2. The Employee’s work is carried out in accordance with the schedule,

established by the internal labor regulations of the enterprise

(organization) of the Employer.

Article 11.

1. Option 1. The employee is paid a salary of

____________________________________________________ rub. per month.

(in numbers and words)

Option 2. The employee receives wages for his work in

in the amount of ____________________________________________________________ rub.

(in numbers and words)

per month, which consists of a guaranteed salary ________________

(in numbers

_______________________ rub. and allowances _________________________________

and in words) (in numbers and in words)

rub. for high qualifications or performance of particularly important work. Surcharge

can increase as the volume of work increases and its quality improves

or decrease (cancel) if tasks are not completed on time,

deterioration in the quality of work, as well as violation by the Employee of labor

disciplines.

2. After completing the specific work assigned, the Employee may

remuneration for high final results in the amount of

________________________________________________________ rub.

(in numbers and words)

3. The employee is additionally provided with:

— quarterly (monthly) bonuses in the amount of ____________________

___________________________________________ rub.

(in numbers in words)

— remuneration based on the results of work for the year in the amount of _________________

___________________________________________ rub.

(in numbers and words)

4. Salaries are paid no later than the _________ date of each

month.

5. By agreement of the parties to this employment contract, the size and

the remuneration system may be revised.

Article 12.

1. The employee is granted annual basic leave

duration ___________ calendar days with payment of compensation in

in the amount of _________________________________________________________________ rub.,

(in numbers and words)

as well as additional paid leave of ___________ duration

calendar days.

2. Vacation is provided in accordance with the vacation schedule for

the employer's enterprise or at any time during the working year according to

agreement of the parties.

3. Annual leave for the first year of work can be granted according to

after 6 months from the date of conclusion of the employment contract.

4. With the consent of the Employer, the Employee may be granted leave

without pay.

Article 13.

The employee fulfills his obligations under the employment contract

represents to the Employer:

1) the result of work corresponding in form, volume and quality

the requirements of this agreement;

2) an acceptance certificate drawn up on its part in two

copies;

3) other documents provided for by the terms of the employment contract;

4) materials and equipment purchased on account of the cost

employment contract (if provided for by the terms of this

agreement).

Article 14.

If the results presented do not meet the requirements

contract, the Employer can give the Employee time to finalize them without

additional payment within a mutually agreed upon time frame or make with him

calculation with a corresponding reduction in the amount of remuneration.

Article 15.

If it is impossible to complete the work on time, the Employee will

appeals to the Employer with justification of the reasons for non-compliance and a request for

postponing work completion dates. If there is consent of the Employer between

he and the Employee enter into an agreement to extend the deadline

work, which stipulates the relevant conditions (including

financing of work and remuneration).

Article 16.

1. The right to use inventions and innovation proposals,

which are created by the Employee in the course of work at the Employer’s enterprise,

belongs to the Employer, unless otherwise provided by law.

2. The employee receives for an invention or innovation

offer remuneration, other rights and benefits in accordance with

legislation of the Russian Federation.

3. If the invention or innovation proposal will have

of particular importance to the Employer, the Employee may be paid

additional remuneration in the amount of ___________________________________ rub.

(in numbers and words)

Article 17.

If due to the fault of the Employee the deadlines for completing work are violated,

provided for in the calendar (work order, work plan, etc.).

The Employer, by warning the Employee in writing, may reduce funds

to pay wages by ___________%. In case of repeated

violation of deadlines The employer has the right to stop paying wages

fees until violations of the approved schedule are eliminated.

Article 18.

In case of violation by one of the parties of the conditions provided for in Article 7

of this agreement, the other party has the right to compensation for losses incurred

damages in accordance with current civil legislation

Russian Federation.

Article 19.

1. The Employee is fully covered by benefits and guarantees,

established for employees of this enterprise of the Employer

(organizations) legislation of the Russian Federation, industry regulations and

collective agreement.

2. The employee is subject to all types of state insurance for

period of validity of this employment contract.

Article 20.

1. This employment contract may be terminated or terminated in

in the manner and on the grounds provided for by the labor legislation of the Russian Federation.

2. Additional grounds for considering the issue of early

termination of an employment contract at the initiative of the Employer are:

a) failure due to the fault of the Employee to meet the deadlines provided for

calendar plan;

b) provision of intermediate results of a different type, quality and

volume than provided for in the contract;

c) disclosure by the Employee of a trade secret of the enterprise

Employer;

G) ________________________________________________________________.

3. Additional grounds for considering the issue of early

termination of an employment contract at the initiative of the Employee are:

a) failure by the Employer to comply with the terms of the employment contract;

b) ________________________________________________________________.

4. The party terminating the employment contract provides another

party a written explanation of the reasons for termination.

5. Upon termination or termination of this employment contract, all

Settlements between the parties must be made within ________ days.

Article 21.

In the event of reasons beyond the control of the parties that prevent

successful fulfillment of the terms of the contract, the parties may suspend

the contract is valid for a mutually determined period.

Article 22.

The Employer undertakes to provide the Employee with ______________________

_________________________________________________________________________

(housing or compensation for renting living quarters, child support

a place in a nursery or garden, provision of a garden plot, etc.).

Article 23.

The Employee’s cash income is subject to indexation in accordance with

legislation of the Russian Federation.

Article 24.

Damage caused to the Employee by injury or other damage

health related to the performance of his work duties,

subject to compensation in accordance with the legislation of the Russian Federation

Federation.

Article 25.

1. In the event of a dispute between the parties regarding the execution

terms of the employment contract, it is subject to settlement by

direct negotiations between the Employee and the Employer.

2. If the dispute between the parties is not resolved, then it is subject to

permission in the manner prescribed by labor legislation

Russian Federation.

Article 26.

This employment contract during its validity period may be

amended or supplemented by its parties.

In this case, all these changes and additions will have legal

valid only if they are written and signed by the parties in

as an integral part of this employment contract.

Article 27.

For all issues not resolved in the terms and conditions

of this employment contract, but directly or indirectly arising from

relations between the Employer and the Employee regarding it from the point of view of necessity

protection of their property and moral rights and interests protected by law,

The parties to this employment contract will be guided by the provisions

Labor Code of the Russian Federation and other regulations of the Russian Federation.

Article 28.

Disputes and disagreements that may arise during the execution

terms of this employment contract, the parties will strive

resolve amicably by mutual agreement. If not achieved

mutually acceptable solution - the dispute can be referred for resolution to

in the manner prescribed by the labor legislation of the Russian Federation.

Article 29.

Details of the parties to the agreement:

Employer Employee

(full name)

________________________________

Postal address (with zip code) Last name ______________________

________________________________ Name __________________________

Telegraphic address Patronymic _____________________

________________________________ Date of Birth ________________

Fax ___________________________ Address (with zip code) ___________

Telephone ________________________ ______________________________

TIN ____________________________ Passport series ________________

Current account N _______________ N ____________________________

in the bank ________________________ Issued by (by)_________________

in the mountains _________________________ (When)_______________________

correspondent account N ____________________ INN __________________________

BIC ____________________________

* *

*

This employment contract was signed in the city. _________________________

___ _____________ 20__ in two copies: one for each of

parties, and both copies have equal legal force.

Signatures of the parties to the employment contract:

___________________(Last name, I.O.) ________________(Last name, I.O.)

Employer Employee

m.p.