Guarantees and compensation for workers in the Far North in 2021

Read in the article:

• How to determine percentage increases in wages and regional coefficient
• Is the employee entitled to additional leave?
• What guarantees are provided to women working in the Far North and similar areas?

Labor legislation provides guarantees and compensation to workers in the regions of the Far North and equivalent areas - these include wage supplements, regional coefficients, additional leaves, shortened working hours, etc. Failure to provide appropriate guarantees and compensation is a violation of labor legislation and may entail administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, employees can restore their rights in court, while recovering from the employer compensation for moral damage (Article 237 of the Labor Code of the Russian Federation), as well as interest for the delay in payment of part of the salary (Article 236 of the Labor Code of the Russian Federation). One of the tasks of a personnel officer is to prevent errors in personnel documents when registering employees.

Which regions should be classified as northern?

The percentage of cities where climatic conditions are considered difficult to live in is two-thirds of the total percentage of the country's territory. The Federal Law provides a list of regions that can be classified as northern. So, for example, in this list you can find:

• Yakutia;
• Chukotka;
• Karelia;
• Komi;
• Kamchatka;
• Altai;
• Transbaikalia;
• Tyva;
• Buryatia.

The list of northern regions also includes Tyumen, Sakhalin, Magadan, Arkhangelsk, Irkutsk, Amur, Tomsk regions and Krasnoyarsk, Khabarovsk, Perm territories.

Important ! All this is stated in Resolution of the USSR Council of Ministers dated January 3, 1983 N 12 (as amended on February 27, 2018).

The Federal Law defines certain regions related to the Far North, as well as those that are equated to them

In the regions represented, employees are provided with special benefits and compensation in the form of salary increases. This is especially true for employees working in enterprises with difficult working conditions for health.

What guarantees are provided?

We determine percentage increases in wages and regional coefficient

Step 1. Find out whether labor legislation provides for wage supplements in a certain area.

According to Art. 148 of the Labor Code of the Russian Federation, workers engaged in work in areas with special climatic conditions are guaranteed wages in the manner and amounts not lower than those established by labor legislation and other regulatory legal acts containing labor law norms. During the Soviet era, percentage bonuses for length of service were stimulating in order to attract people to live and work in areas with special climatic conditions. Today, regional coefficients and percentage bonuses for employers not related to the public sector are rather formal in nature. But the establishment of appropriate guarantees is a mandatory requirement of labor legislation, so the employer is obliged to establish them. This is confirmed by judicial practice.

Arbitrage practice

According to the Review of the Supreme Court of the Russian Federation of the practice of consideration by courts of cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas dated February 26, 2014, the courts correctly come to the conclusion that, regardless of the location of the organization, the payment of wages to employees of its separate structural units located in the regions of the Far North and equivalent areas are paid using regional coefficients and percentage increases in wages.

The task of the personnel officer is to determine whether a salary increase is provided for a given area. The surcharge is established if the name of the locality is indicated in the regulations. The difficulty is that in this legal area, scattered regulations of the former USSR are still in force, which continue to be applied on the basis of Art. 423 Labor Code of the Russian Federation.

Below is a classification of localities for which workers are entitled to increased wages:

1. Supplements for persons living in RKS and MKS are applied based on:

• Article 315 of the Labor Code of the Russian Federation;
• Article 11 of the Law of the Russian Federation dated February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” (as amended on December 31, 2014).

These laws only establish the calculation of the premium, without describing the procedure for calculation, the amount and without indicating the areas in which such premiums should be calculated.

1. The list of areas that belong to the RKS and ISS areas can be determined based on:

• Resolution of the Council of Ministers of the USSR dated 01/03/1983 No. 12 “On introducing amendments and additions to the List of regions of the Far North and localities equated to regions of the Far North, approved by Resolution of the Council of Ministers of the USSR dated November 10, 1967 No. 1029” (together with the “List of areas The Far North and areas equated to the regions of the Far North, which are subject to the Decrees of the Presidium of the Supreme Soviet of the USSR dated February 10, 1960 and September 26, 1967 on benefits for persons working in these areas and areas”, approved by the Resolution of the USSR Council of Ministers dated November 10, 1967 No. 1029).

1. The procedure for calculating and the amount of allowances for residents of RKS and MKS are established:

• Decree of the Presidium of the Supreme Soviet of the USSR of September 26, 1967 No. 1908-VII “On the expansion of benefits for persons working in the regions of the Far North and in areas equated to regions of the Far North”;
• Resolution of the Council of Ministers of the RSFSR dated October 22, 1990 No. 458 “On the regulation of compensation for citizens living in the Northern regions” (as amended on May 31, 1995);
• Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 95-Pr;
• Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 97-Pr;
• Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2 “On approval of the Instructions on the procedure for providing social guarantees and compensation to persons working in the regions of the Far North and in areas equated to the regions of the Far North, in accordance with current regulations” (as amended on 11.07 .1991).

1. The list of areas with special climatic conditions, the amount and procedure for calculating allowances are established:

• Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 04/06/1972 No. 255 “On benefits for workers and employees of enterprises, institutions and organizations located in the Arkhangelsk region, the Karelian Autonomous Soviet Socialist Republic and the Komi Autonomous Soviet Socialist Republic” (as amended on 02/25/1994);
• Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 01/09/1986 No. 53 “On the introduction of wage supplements for workers and employees of enterprises, institutions and organizations located in the southern regions of the Far East, the Buryat Autonomous Soviet Socialist Republic and the Chita Region”;
• Resolution of the Council of Ministers of the USSR, All-Union Central Council of Trade Unions dated September 24, 1989 No. 794 “On the introduction of wage supplements for workers and employees of enterprises, institutions and organizations located in the southern regions of the Irkutsk region and Krasnoyarsk Territory.”

It is necessary to take into account that the name and territorial division of some subjects of the Russian Federation were amended by later (compared to Decrees and Resolutions) regulations (for example, Irkutsk, Arkhangelsk regions, Krasnoyarsk, Chukotka, Nenets Autonomous Okrugs, etc.). Therefore, to search for the names of these subjects of the Russian Federation in the list, you need to check the correspondence of the names of the localities.

The amount of the percentage increase depends on the length of service and age of the employee and is determined for each employee personally.

Example 1

Let's determine whether a percentage premium has been established in the city of Ukhta, Komi Republic. The name of the city of Ukhta is indicated in the Resolution of the USSR Council of Ministers dated January 3, 1983 No. 12 in the section “Localities equated to regions of the Far North.” Paragraph “c” of Part 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII states that in areas equated to the regions of the Far North, a premium is paid. This means that in this city it is necessary to apply a wage supplement .

Step 2. Determine whether labor legislation provides for a regional coefficient in a certain area.

According to Art. 316 of the Labor Code of the Russian Federation, the size of the regional coefficient and the procedure for its application for calculating wages of employees of organizations located in the regions of the Far North and equivalent areas are established by the Government of the Russian Federation. Currently, such a normative act has not been adopted. Until the adoption of the relevant act, regional coefficients continue to be applied to the wages of employees in the amounts established by government bodies of the Russian Federation or the former USSR (Part 1 of Article 423 of the Labor Code of the Russian Federation, Review of the Supreme Court of the Russian Federation dated February 26, 2014).

Conventionally, regional coefficients can be divided:

• on regional coefficients for manufacturing sectors;
• regional coefficients for non-manufacturing industries.

In order to summarize and clarify information about the size of regional coefficients for non-production areas and the procedure for their practical application contained in regulatory legal documents (including the former USSR), relevant information and methodological materials were developed (Information letter of the Department for Pension Issues of the Ministry of Labor of Russia dated 06/09/2003 No. 1199-16, Department of Income and Living Standards of the Ministry of Labor of Russia dated 05/19/2003 No. 670-9, Pension Fund of the Russian Federation dated 06/09/2003 No. 25-23/5995).

As for manufacturing industries , regional coefficients are established by a large number of regulations (Resolutions of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, Resolutions of the Council of Ministers and the Government of the Russian Federation from 1960 to 2013). Currently, legal reference systems prepare appropriate reviews that help find a specific region and determine the regional coefficient established in it.

The regional coefficient is used when calculating the salaries of all employees working in a given territory, regardless of age and length of service.

Example 2

Let us determine the size of the regional coefficient for the city of Ufa. According to the Decree of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated 07/02/1987 No. 403/20-155 “On the size and procedure for applying regional coefficients to the wages of workers and employees for whom they are not established, in the Urals and in manufacturing sectors in the northern and eastern regions of the Kazakh SSR" in the Bashkir Autonomous Soviet Socialist Republic, the regional coefficient is 1.15. The city of Ufa is located in the Republic of Bashkiria, which was formerly called the Bashkir Autonomous Soviet Socialist Republic. Thus, the regional coefficient in Ufa is 1.15.

Judicial practice confirms the employer’s obligation to calculate and pay wages to employees, taking into account the regional coefficient and percentage bonus.

Arbitrage practice

The court of first instance reasonably satisfied the plaintiff's claims based on the fact that for the entire period of work the defendant calculated and paid him wages without taking into account the regional coefficient and percentage bonus for work in the RKS, while the plaintiff had the right to an appropriate guarantee (percentage bonus in the amount of 80 %), since the Murmansk region belongs to the RKS.

Appeal ruling of the Murmansk Regional Court dated September 12, 2012 No. 33-2422

Step 3. Determine the percentage of the bonus for the employee applying for the job.

The percentage of the bonus is determined depending on the length of service and age of the employee (for the list of regulatory legal acts governing the procedure for calculating and the amount of bonuses for residents of RKS and MKS, see p. 40.

To simplify the determination of the percentage bonus, conditional workers can be divided into the following categories (table).

According to the Decree of the Government of the Russian Federation dated October 7, 1993 No. 1012 “On the procedure for establishing and calculating length of service for receiving a percentage increase in wages for persons working in the regions of the Far North, equivalent areas and in other regions of the North”, taking into account the Determination of the Supreme Court of the Russian Federation dated 12/23/2004 No. KAS04-596, the length of service giving the right to receive a percentage increase in wages includes all periods during which the employee performed a labor function in special climatic conditions. In this case, the corresponding length of service is summed up regardless of the duration of the break in work and the motives for terminating the employment relationship, with the exception of dismissal for guilty actions.

Periods of activity on the basis of civil contracts, as an individual entrepreneur, and some others are not counted toward the length of service that gives the right to receive a percentage increase in wages.

Example 3

The employee works at an enterprise located in Murmansk. His work experience at RKS is two years and one month. The employee's age is 32 years. According to the Decree of the Council of Ministers of the USSR dated 01/03/1983 No. 12, Murmansk belongs to the RKS (subgroup 2 of group 1), which means the percentage increase is calculated as 10% of earnings after the first six months of work with an increase of 10% for each subsequent six months of work, and after upon reaching a 60% bonus - 10% of earnings for each subsequent year of work until reaching 80% of earnings. The percentage increase for two years of work will be 40%.

Judicial practice confirms the need to calculate the percentage increase specifically for each employee , based on work experience in the relevant areas and age.

Arbitrage practice

The worker filed a claim with the organization in the Vsevolozhsk City Court of the Leningrad Region for the recovery of unpaid wages. The plaintiff worked in the Arkhangelsk division, and the salary was paid to her without taking into account the percentage bonus and the regional coefficient. The court found that, according to the Information Letter of the Ministry of Labor of Russia dated May 19, 2003 No. 670-9, in the city of Arkhangelsk a regional coefficient of 1.20 is applied. According to the Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12, Arkhangelsk is classified as an area equated to the RKS. In accordance with paragraphs. “c” clause 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII in areas equated to the RKS, all workers and employees are paid an increase to their monthly earnings (excluding the regional coefficient and remuneration for length of service) in the amount of 10 % of earnings after the first year of work, with an increase of 10% for each subsequent year of work, but not more than 50% of earnings. Based on the employee’s length of service, the court determined the need for additional wages based on 50% of the northern bonus and 20% of the regional coefficient in accordance with the plaintiff’s work experience.

Legislation

Mandatory compensation payments to employees working in the north are regulated by Federal Laws No. 125 and No. 211, as well as the Law of the Russian Federation of February 19, 1993 N 4520-1. They provide information about:

• categories of citizens who are subject to the regulation;
• the conditions under which the state undertakes to allocate funds from the treasury;
• financing procedure;
• other requirements, if any.

Article 1 of the Law of the Russian Federation N 4520-1

In addition to regulating mandatory payments, the state also determines the amounts that an employee of an enterprise can receive. It is worth noting that the amount of additional payments and compensation is influenced by factors such as:

• operating time in cold regions;
• official experience;
• health status.

Mandatory compensation is provided to the following categories of persons:

• citizens who have lived in the Far North since 1992 and earlier;
• citizens who settled in the northern regions for certain reasons. Such a reason, for example, could be the closure of small towns in the Far North. In this case, the state will have to provide support.

Excerpt from Article 1 N 125-FZ

Travel expenses

Providing vacation to “northerners” is accompanied by payment of travel costs. The procedure for compensation of expenses for travel and luggage transportation to the place of vacation use and back is established by Art. 325 of the Labor Code of the Russian Federation ( Article 33 of Law No.  4520-1 ). However, these guarantees and compensation are provided only at the main place of work.

Let us clarify that in Art. 325 of the Labor Code of the Russian Federation specifies compensation standards:

• for federal government agencies;
• for state extra-budgetary funds;
• for federal government agencies.

Decree of the Government of the Russian Federation dated June 12, 2008 No.  455 approved the Procedure for compensation of expenses for payment of travel costs and baggage transportation to the place of vacation use and back for persons working in organizations financed from the federal budget located in the regions of the Far North and equivalent areas, and members of their families (hereinafter referred to as Order No.  455 ). But this procedure applies only to employees of organizations financed from the federal budget.

For employees of organizations financed from the budgets of constituent entities of the Russian Federation, the amount, conditions and procedure for compensation for travel and baggage transportation to and from the place of rest are established by the authorities of the constituent entities of the Russian Federation. For employees of organizations financed from local budgets - by local governments. However, the level of compensation in budgetary organizations financed from the regional or local budget cannot be lower than in institutions financed from the federal budget, since by virtue of Part 9 of Art. 5 of the Labor Code of the Russian Federation, regulatory acts of the constituent entities of the Russian Federation must not contradict the Labor Code of the Russian Federation and federal laws.

Examples of regulatory acts of constituent entities of the Russian Federation regulating the payment of compensation for travel and baggage transportation expenses to and from the place of vacation use include:

1. Law of the Kamchatka Territory dated March 6, 2008 No.  15 “On guarantees and compensation for persons living in the Kamchatka Territory and working in organizations financed from the regional budget” >;
2. Law of the Nenets Autonomous Okrug dated January 6, 2005 No.  551-OZ “On guarantees and compensation to persons working in organizations financed from the district budget, as well as to persons receiving scholarships from the district budget” >;
3. Law of the Yamalo-Nenets Autonomous Okrug dated December 16, 2004 No.  89-ZAO “On guarantees and compensation for persons working in organizations financed from the district budget, living in the territory of the Yamalo-Nenets Autonomous Okrug”

What are such events aimed at?

Compensation is a government subsidy that is provided to improve living conditions in the northern regions of the country. In this way, the state is trying to attract people to the development of northern cities and their development.

The need to provide subsidies is also due to:

• improvement of the country's economy by workers of the North;
• living of children of those who work in the North, in regions with insufficient heat and sunlight;
• loss of health by enterprise employees due to unfavorable working conditions.

Important ! In other words, the state expresses its gratitude in the form of material support. In addition, the majority of citizens, after finishing work in the North, are still of working age, and therefore they have the opportunity to get a job in a new place of residence if they move.

Compensations are paid by the state in order to compensate citizens for damage due to unfavorable working conditions

Target group of beneficiaries

The category of persons who can exercise their right to an expanded social security package in connection with work in distant regions of Russia includes:

• long-term or temporary employed people;
• pensioners whose only income is a pension;
• retired military personnel who retired upon reaching retirement age or due to reduction in duty station;
• university students;
• students at primary level or vocationally oriented educational institutions;
• family members who are fully supported by a relative working in the northern regions;
• citizens belonging to the indigenous peoples of the North.

Benefits are assigned and accrued from the state budget in accordance with federal legislation for those citizens who work at state enterprises. Employees of regional subjects of the country receive guarantees and compensation in the amount established by the region and from its budget. Municipal regulations establish the amount of benefits and the persons working in local organizations to whom they are guaranteed. Accordingly, payments to these citizens come from the local budget. In commercial organizations, a social package is provided by the employer, unless other additional payments in relation to a particular citizen are provided for by law.

What categories of citizens are entitled to subsidies?

If you read Federal Law No. 125, you will find out that citizens who managed to settle in the Far North before 1992 can apply for state assistance. The document also takes into account the following points:

• having work experience in the north of 15 years;
• lack of residential premises or facilities outside the northern regions.

Citizens whose living conditions are unsuitable can also receive subsidies.

Important ! Additionally, it is worth noting that disabled people of groups 1 and 2 with less than 15 years of experience, those injured at work, as well as disabled children who have lived in the Far North for at least 15 years can apply for state support.

To receive a subsidy, a citizen must work for at least 15 years in the Far North region

Another law number 211 stipulates the possibility of receiving subsidies from the state in the following cases:

1. Lack of housing in other cities.
2. Availability of registration in small northern cities, which the government plans to close.
3. Registration of those who need an apartment.

At the same time, a citizen can receive money only once in his entire life.

According to No. 211-FZ, a citizen can receive a subsidy only once

Secondary Leave and Parents' Weekends

Mothers and fathers living in the North and having children under 16 years of age have the right to take an additional day off each month at their own expense.

If the employee’s work experience is more than six months, then he has a preference in receiving a paid 14-day leave necessary to accompany an applicant child to another locality. The employee will also have to confirm his intentions by providing a certificate from the educational institution where the entrance exams are planned.

Procedure for using funds

Before talking about the procedure for using subsidies from the state, it is worth noting that former northerners will first have to wait for this support. This is due to the fact that the country does not have enough funds to organize such financing.

To receive financial support, a citizen of the Russian Federation living in the territory of the Constitutional Court must register and receive the appropriate certificate. In the future, you will need to contact the authorities at your place of residence with this certificate.

Article 4 No. 211-FZ

The sequence of actions looks like this:

1. The citizen collects the necessary package of documents.
2. Writes an application in a pre-agreed form.
3. Hands over the package along with the application to the government official.
4. Waiting for the result.

In turn, the employee is obliged to register the client who has applied, and also inform him of the number issued by the program. As for the timing, the application is reviewed within 15 working days.

Important ! The administration carefully reviews each document to identify errors, forgeries or non-compliance with legal requirements.

You can register for resettlement from KS areas.

Upon expiration of the period, the citizen will receive written notification of the decision taken by the authorities. If the result is positive, then the applicant will receive a certificate along with the letter. In case of refusal, government officials must explain the reason and also suggest what needs to be done to re-apply.

State housing certificate

Package of documents

Before contacting the authorities, you must collect a package of documents, which includes:

• passport;
• birth certificate;
• certificate of marriage or divorce;
• pension certificate;
• a certificate of passing a medical and social examination, if the applicant is classified as disabled;
• certificate of family composition;
• extract from the Unified Register of Real Estate Registration. Necessary to confirm the absence of property in warm regions;
• employment history. With its help, the employee’s work experience will be confirmed;
• confirmation in the form of a certificate or a special conclusion about the citizen’s residence in a closed northern city.

You must provide a package of documents to receive a subsidy

This list may be supplemented with additional certificates or other documents if it is necessary to prove any other fact. For example, this could be a paper confirming that a citizen is registered as needing improved living conditions.

Important ! If we are talking about disabled persons, then they must include a certificate from the employment center in the package of documents.

How is the queue formed?

Forming a queue is necessary so that groups of beneficiaries with advantages over others can be allowed through first. Thus, each category of applicants has its own queue, and the first includes the following groups of people:

1. Disabled people. This includes people with disabilities of groups 1 and 2, as well as children with disabilities from birth.
2. Pensioners.
3. Unemployed citizens with work experience.
4. Employed.

Article 2 No. 125-FZ

It's worth noting that the list is in order of importance. That is, people with disabilities will be the first to receive subsidies, and employed citizens will be the last to seek help.

Also, a separate queue is being drawn up for former residents of cities that are currently considered closed.

Authorities that accept applications from all categories of citizens are required to provide information about the priority of applicants on the official website or other information stands and portals.

Important ! Among other things, a citizen will be able to receive a written report on the formed queue list for receiving financial support if he submits a corresponding request.

Citizens receive subsidies on a first-come, first-served basis

It is also worth noting that some categories of citizens may receive support out of turn. These include persons:

• With more than 40 years of experience working in difficult conditions;
• Having severe chronic diseases;
• Living in dilapidated houses.

How much can you get?

With the help of the state, workers of the Far North living in any region with severe climatic conditions will be able to purchase housing. The area of ​​the premises is established by sanitary standards that regulate the comfortable living of citizens. As a result, the person who applies for support will receive financial support in the form of an amount of money determined by calculating each square meter for each family member. In this case, the calculation process takes into account the average prices for accommodation in the region.

Important ! For example, in 2021, the average cost of one square meter of housing in the north was about 38 thousand rubles.

Excerpt from Article 5 of Federal Law No. 125-FZ

The calculation also takes into account factors such as:

• family composition. This includes both adults and children;
• financing rate. It depends on the employee’s length of service;
• having your own home or premises whose area does not meet sanitary requirements.

The legislation offers the following living conditions for citizens who worked in the North:

1. Single persons – premises up to 33 sq.m.;
2. For families of two people, a room of up to 42 sq.m.
3. For families of three or more people, premises with an area of ​​18 sq.m. for each family member.

The state allocates a subsidy based on the number of square meters in future housing

Accounting for the regional coefficient

An important point that is worth paying attention to when calculating the amount of material support is taking into account the regional coefficient. Thanks to the established number, the employee’s salary increases, as well as the amount of compensation and benefits.

In turn, the value of the regional coefficient is determined based on the area where the employee works, as well as working conditions. The further north the region is and the more difficult the working conditions, the higher the coefficient, which means the higher the wages. Federal laws and local regulations may also affect the size of the coefficient. For example, regional authorities can increase or decrease the value of the coefficient, taking into account the capabilities of the region’s budget.

Important ! The minimum coefficient is 1.2, the maximum reaches 2. However, if we are talking about workers going on expeditions, then the regional coefficient can rise to three.

Article 10 of the Law of the Russian Federation of February 19, 1993 N 4520-1 (as amended on March 7, 2018)

The regional coefficient applies to:

• full-time employees;
• shift workers;
• temporary employees;
• part-time workers.

This number is also taken into account when calculating wages, bonuses and additional payments. This may include additional payments for working the night shift, overfulfillment of volumes, awards for long service and other cases of increasing the basic salary.

Subjects related to the Far North

Low air temperatures, strong winds, and snow are characteristic features of the territories located north of the Arctic Circle. It is difficult and difficult for local people to survive here, but everyone has the ability to adapt. The following is a list of areas as of 2021 with extreme weather conditions.

• Murmansk region;
• Yakutia (Republic of Sakha);
• Magadan region;
• Kamchatka region;
• Chukotka Autonomous Okrug (ChAO);
• Arkhangelsk region;
• Sakhalin region;
• Irkutsk region;
• Tyumen region;
• Republic of Karelia;
• Komi Republic;
• Tyva Republic;
• Krasnoyarsk region;
• Khabarovsk region;
• Perm region;
• Tomsk region;
• Chita region;
• Amur region;
• The Republic of Buryatia;
• Republic of Gorny Altai;
• Primorsky Krai.

Thus, 21 administrative units of the Russian Federation are legally classified as regions of the North, the population of which has the right to receive social assistance.

Northerners have preferences aimed at improving their social and financial situation, which smoothes out the negative impression of areas with harsh weather conditions.

Who is entitled to benefits on public transport?

Allowances

In addition to the regional coefficient, which is valid for the whole year, there are also wage supplements. They are assigned depending on the length of service the employee has, as well as the area where the enterprise is located.

Article 11 of the Law of the Russian Federation of February 19, 1993 N 4520-1 (as amended on March 7, 2018)

As for the amounts of allowances, they are presented below:

1. In the case of employees of the Far North whose work experience at the enterprise is one year, the salary increases by 10%. Moreover, from the second year, the salary continues to increase by 10% every year until it stops at 50%.
2. In the case of employees of the Chukotka and Koryak Autonomous Okrug, as well as the North-Evensky district and the Magadan region, the salary is increased by 10% at the end of six months from the date of employment. Starting from the second year, another 10% is added for each subsequent year until the initial salary doubles.
3. In the case of workers in other regions of the Far North, the salary begins to increase by 10% after the first six months. Further increases of 10% occur each year until the salary increases by 80%.

Important ! If employees under 30 years of age were hired, their salary will be increased from the first day of work. This also includes workers who have lived in the Far North for at least 5 years.

CS employees are entitled to bonuses

Compensation for unused vacation

Payment in lieu of vacation can be received in two cases:

• the employee did not take advantage of the rest and decided to quit;
• the employee decided to replace part of it with cash.

The procedure for determining the amount of payments is regulated by the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930, applied in the part corresponding to the Labor Code of the Russian Federation. Payment is calculated according to hours worked.

To calculate severance pay, the monthly number of vacation days is used, and all types are taken into account. So, if the organization is located in the Far North, then employees are provided with at least 28 days of basic and 24 days of preferential leave each year (52 days in total).

In monthly terms, this is 4.33 days of vacation (52 days: 12 months = 4.33). For example, if a northerner has worked for 8 months from the date of employment with the current employer, then he is entitled to pay 34.64 days of rest (4.33 * 8 = 34.64).

If an employee worked for more than one year and did not take vacation, then he must be paid full compensation for the first year, as well as for the second year in proportion to the time he worked.

An employee may ask the employer to pay him money instead of providing part of the paid vacation that exceeds 28 calendar days. That is, a northerner has the right to completely or partially refuse additional leave (24 days) and receive payment for it. Only pregnant women, minors, and workers in hazardous industries (if leave is granted due to hazardous conditions) cannot receive money.

To determine the amount of payment for unused vacation, the same rules are used as for calculating vacation pay - the calculation is based on the average daily earnings for the last calendar year. If an employee works less than this period, then only the period worked is taken into account.

To receive payment, you must submit a written application. However, the law does not oblige the employer, at the employee’s request, to replace vacation with payment of money, so the employee may be refused, in which case he will be sent on vacation.

From all of the above, it follows that workers in the north are granted a considerable number of additional rights by labor legislation: this includes an increased duration of basic leave for some categories of workers, additional leave, payment for travel to a vacation spot, and additional guarantees for parents. These measures are aimed at maximally compensating northerners for the difficult conditions in which they have to work.

Benefits for CS employees upon retirement

The main feature for workers in the Far North is that they can retire earlier than expected. According to the legislation of the Russian Federation, the following categories of persons can retire:

1. Men over 55 years of age if their work experience is 25 years or more. As for the conditions of the KS, the work experience must be at least 15 years.
2. Women over 50 years old, if their work experience has reached 20 years or more. There are no concessions for working under CS conditions.

KS residents and KS workers can retire earlier

It is worth noting that men and women who worked as reindeer herders, fishermen or hunters can retire 5 years earlier than the established period if their work experience was more than 25 and 20 years, respectively. This is stated in Article 32 No. 400-FZ.

Also, a person who has worked in the north for more than 7.5 years reduces the retirement age by 4 months for each year of work.

Important ! If you calculate, having 15 years of experience in the Far North reduces the retirement age by as much as 5 years for most categories of citizens.

Other guarantees and benefits

Guarantees of medical care ( Art. 323

Labor Code of the Russian Federation). For persons working in organizations financed from the federal budget and other organizations located in the northern regions, a collective agreement may provide for payment of the cost of travel within the territory of the Russian Federation for medical consultations or treatment in the presence of an appropriate medical report, if these consultations or treatment cannot be provided at the place of residence at the expense of the organization. The list of guarantees of medical care for employees of other organizations can be expanded and depends on the financial capabilities of the employer.

Additional day off ( Art. 319

Labor Code of the Russian Federation). One of the parents (guardian, trustee, foster parent) working in the northern regions and having a child under the age of 16, upon his written application, is given an additional day off every month without pay.

Shortened working week ( Art. 320

Labor Code of the Russian Federation). For women working in the northern regions, a collective or labor agreement establishes a 36-hour work week, unless a shorter work week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week. If, on the basis of federal laws, a shortened working week is established for an employee on other grounds, then on the basis of Art. 320 of the Labor Code of the Russian Federation, it is not established.

Guarantees in the event of liquidation of an organization or reduction in the number or staff of employees of the organization ( Article 318

Labor Code of the Russian Federation). An employee who is dismissed from an organization located in the Far North or an equivalent area due to the liquidation of the organization or the reduction of employees of the organization is paid a severance pay in the amount of average monthly earnings. The average monthly salary for the period of employment is also retained, but not more than three months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the specified employee during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not employed by it.

Guarantees and compensation for persons working on a rotational basis ( Article 302

Labor Code of the Russian Federation). Workers who travel to the northern regions from other regions to perform work on a rotational basis have the right to establish a regional coefficient, a wage supplement and additional paid leave provided for persons permanently working in the Far North and equivalent areas.

The work experience, which gives the right to appropriate guarantees and compensation, includes calendar days of shift in the northern regions and actual days on the road, provided for by the shift work schedules.

Housing subsidies. Citizens who arrived in the northern regions no later than 01/01/1992, who have a total length of work experience in these areas of at least 15 calendar years, who do not have housing in other regions of the Russian Federation or who need to improve it, are entitled to housing subsidies. This right is reserved for citizens who, in accordance with previously effective legislation, acquired it if they had work experience in the specified areas and localities for at least 10 calendar years and were registered at their place of residence as needing improved housing conditions.

The procedure for providing such subsidies is approved by Decree of the Government of the Russian Federation dated March 21, 2006 N 153 “On some issues of the implementation of the subprogram “Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation” of the federal target program “Housing” for 2011-2015.”

According to Decree of the President of the Russian Federation dated May 23, 1996 N 757 “On additional measures of state support for citizens leaving the regions of the Far North and equivalent areas”, pensioners and other citizens who have worked in the northern regions for at least 10 years and have lost their jobs due to termination of their activities enterprises and the liquidation of settlements located in these regions, enjoy the right of priority to receive housing on the territory of the Russian Federation.

Benefits when assigning a pension. Article 28 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” establishes the early assignment of a labor pension to the following citizens:

- men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively;

- for citizens who worked both in the Far North and in equivalent areas, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is considered to be nine months of work in the regions of the Far North;

- citizens who have worked in the Far North for at least 7 years and 6 months are granted a labor pension with an age reduction of four months for each full calendar year of work in these areas;

- men who have reached the age of 50 years, and women who have reached the age of 45 years, permanently residing in the regions of the Far North and equivalent areas, who have worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, and commercial hunters.

In addition, for employees who go on business trips to the Far North and equivalent areas, these periods are counted towards their length of service, which gives them the right to an early retirement pension.

Also, citizens from among the small peoples of the North are assigned a social pension with a reduction in the generally established retirement age by 5 years - upon reaching the age of 55 years for men and 50 years for women. This takes into account not only their nationality, but also their place of residence in certain areas of the North, that is, in difficult natural and climatic conditions.

Regulatory legal acts of the Russian Federation also establish guarantees and compensation for citizens of the northern regions, studying in educational institutions belonging to the small peoples of the North, military personnel dismissed due to age or due to reduction of the Armed Forces, receiving benefits for temporary disability or pregnancy and childbirth at the expense of the Social Insurance Fund (Article 3 of Law No. 4520-1).

The procedure for attaching a certificate for the provision of benefits from the state

Any operations to provide material support from the state are carried out by financial organizations. Therefore, as soon as a citizen receives a certificate, he needs to contact a similar institution within two months, where he can open his own account.

You must contact the bank with the received certificate.

Additionally, it is worth noting that after opening an account, the citizen will have to transfer information about the personal account to the government agency. This is necessary so that the region can transfer funds.

Upon completion of these actions, financing will begin, the work of which is structured as follows:

1. A citizen chooses a living space based on the requirements of legislation and sanitary standards.
2. Draws up an agreement with the seller of the premises.
3. Sends the document to the financial institution, where it will be examined by employees and registered.

Then two cases may arise:

1. The amount of housing exceeds the amount of money in the citizen’s account. In this case, the option of paying additionally or taking out a loan to purchase the premises is considered.
2. The amount of housing does not exceed the state subsidy. Then the contract verification process continues.

A citizen has the right to choose suitable housing himself

Once the correctness and validity of the purchase and sale document has been confirmed, the contract will be submitted by the bank to the government agency. The latter, in turn, makes the appropriate payments within five working days. To complete this operation, the owner of the certificate must write a statement stating that the money provided by the region will be used to purchase housing.

Important ! As soon as the application is completed, the citizen will receive the money and will be able to transfer it to the seller’s account.

What accommodation is available?

As for housing, which becomes available to the choice of a citizen under the state support program, it is allowed to purchase:

• apartments in new buildings;
• parts of houses;
• secondary housing;
• separate room.

The region will not approve of the choice:

• apartments in a dilapidated building;
• apartments in a building for demolition.

You can purchase almost any housing except what is located in a dilapidated building

Also, if the premises do not meet sanitary standards, you will not be able to purchase it either.

Important ! As for the possibility of concluding a purchase and sale transaction, the law allows this to be done with both a legal entity and an individual.

Removal from the register

The state is ready to support every worker in the Far North, giving him the opportunity to settle in a new place. However, the program also provides for deregistration of benefits in the event of:

• moving to another region;
• purchasing housing without government assistance;
• previously used benefits;
• detection of forgeries in documents;
• refusal of the applicant to provide financial support.

For some reasons, the state may stop providing benefits to citizens who worked in the CC region

Important ! If for some reason the death of a registered citizen occurs, then his close relatives or children can take advantage of the benefits.

Relocation assistance

A person who intends to work under a labor agreement in a particular region of the Constitutional Court receives northern bonuses as payments from the state budget, namely:

• payment equal to two employee salaries at a time;
• payment equal to half the employee’s salary for each family member, which is also given as a lump sum;
• payments for transportation costs for carrying luggage with a total weight of 5 tons;
• payments for vacation lasting 7 days, which is associated with the arrangement of a new place of residence.

IMPORTANT! If the employment agreement is terminated through no fault of the employee, all expenses associated with relocation are reimbursed in the same amount.

What to do if you already have an apartment?

It is worth examining this situation separately, since the citizen has a chance to register even in this case. The region is ready to consider an application if the living conditions in the existing apartment do not meet sanitary standards, or the house is classified as an emergency facility. However, applicants should take into account that the amount of the subsidy will be reduced.

In order to apply for a certificate, a citizen must terminate the rental agreement or transfer the property to municipal management. Thus, the rights to housing are transferred to a government agency, and the amount of benefits is reduced by the value of the property.

If the conditions in the current housing are unsuitable, a citizen may qualify for a subsidy

When considering applications, the availability of residential space is checked by the administration through the Unified State Register. Therefore, the same grandmother’s apartment may become a reason for refusing to issue a certificate.

Important ! This point is worth paying attention to when submitting your application.

Additional northern days

The preferences for northerners do not end there. In addition to the regular annual paid leave, an employee has the right to take an extra 24 days if he works in the regions of the Far North and 16 days - in the territory of an administrative unit close to harsh conditions. Any citizen working under the following conditions can write an application for days:

• shift method;
• combining activities;
• standard mode.

Persons sent to the Far North lose the right to additional leave, but pregnant women and minor employees can receive compensation for these days by continuing to work at the enterprise.

Payments and fines

If an employee requires rest, he is obliged to promptly notify the organization about this. An application for leave or dismissal is submitted three days before the employee’s departure. Also, if the vacation is temporary, the organization has the right to recalculate vacation pay only after its return.

Funds are transferred to the employee from the treasury of the organization or enterprise for which he works. In this case, the amount of payments is calculated based on the requirements of state and regional regulations. The provisions of local acts must be taken into account.

Important ! If an organization denies an employee leave for any reason or violates his rights, then it will have to pay a fine. In this case, the fine is paid both by the official (5,000 rubles) and by the enterprise itself (up to 50,000 rubles). In extreme cases, the company may be suspended for three months.

Workers in the Far North are entitled to 24 days of additional leave.

Article 14 of the Law of the Russian Federation of February 19, 1993 N 4520-1

Additional leave

Article 116 of the Labor Code of the Russian Federation establishes annual additional paid leave for northerners. At the same time, employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, the procedure and conditions for the provision of which are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

In accordance with Art. 321 of the Labor Code of the Russian Federation for workers in the Far North, additional leave is 24 calendar days, and for persons working in areas equated to regions of the Far North - 16 calendar days. The right to receive additional leave arises for employees on a general basis, that is, after six months with a given employer.

As for the full or partial combination of main and additional leave for employees of the northern regions, such a connection is allowed for no more than two years. In this case, the total duration of the granted leave should not exceed six months, including the time of unpaid leave necessary for travel to the place of use of the leave and back, and the unused part of the annual paid leave exceeding six months is added to the next annual paid leave for the next year (Article 322 of the Labor Code of the Russian Federation).

Persons working in budgetary organizations in the northern regions have the right to pay once every two years at the expense of the employer the cost of travel within the territory of the Russian Federation to the place of vacation and back by any type of transport (except for taxi), including personal, as well as payment for baggage transportation weighing up to 30 kg.

Note!
If the travel of the employee and his family to the place of vacation and back is carried out by personal transport, then payment for the cost of such travel is made at the lowest cost of travel by the shortest route.
Compensation for the cost of travel and luggage transportation to and from the place of vacation use for persons working for employers not related to the public sector is established by collective agreements, local regulations adopted taking into account the opinion of the elected bodies of primary trade union organizations, labor contracts (Article 325 Labor Code of the Russian Federation).

Please note: if an employee does not exercise his right to the specified compensation when using vacation in a timely manner (after 12 months, then in the fourth, sixth, etc. year of work), he loses this right.

An employee may ask to replace with compensation a portion of paid leave exceeding 28 calendar days. Compensation is paid based on the employee’s written application.

In the case of summing up annual paid leave or transferring it to the next working year, monetary compensation can replace the part of each annual paid leave exceeding 28 calendar days, or any number of days from this part (Part 2 of Article 126 of the Labor Code of the Russian Federation). For example, an employee is entitled to annual leave in the amount of 28 calendar days and 14 calendar days of additional leave. In one year, he took 36 calendar days off (28 main vacation + 8 additional). During the second year, he took 20 calendar days off work. Thus, the employee has the right to compensation for 6 days of additional leave for the first year and 14 days for the second, for a total of 20 calendar days, and 8 days of basic leave for the second year are not subject to compensation.

It is not allowed to replace with monetary compensation annual basic and additional paid leave for pregnant women and employees under the age of 18, as well as annual additional paid leave for persons employed in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (except payment of monetary compensation for unused vacation upon dismissal) (Part 3 of Article 126 of the Labor Code of the Russian Federation).

Errors and their solutions

Error. An employee of an enterprise spends about 2 months a year at the CS. The rest of the time he works in a region that is not northern, but the citizen insists on increasing wages taking into account regional coefficients.

Solution: An employee can receive payments taking into account the regional coefficient only for the period during which he is in the Far North. In other cases, this number is not taken into account when calculating wages.

An employee can receive payments taking into account the regional coefficient only for the period during which he is in the Far North

Error. An employee has been working in the Far North for a long time, but the organization has not increased his salary by the regional coefficient for length of service.

Solution: The length of service should also be increased by the regional coefficient if the employee works in difficult conditions.

* * *

Unlike budgetary organizations, commercial organizations located in the northern regions (having separate divisions there) independently determine whether or not to provide employees with certain benefits and guarantees (such as medical care or vacation-related compensation). But despite the freedom of choice provided, the manager must understand that these benefits are just as necessary due to the specific nature of work in the difficult conditions of the northern regions as the rest. In any case, if the organization has the opportunity to provide them, the conditions and procedure for provision must be outlined in a collective agreement or other local regulation.

Answers on questions

Question : The company's main office is located in Moscow, but the organization's activities are mainly carried out in Siberia. In this case, should employees working in Siberian regions be paid wages taking into account the regional coefficient?

Answer: Yes, and this is confirmed by legislation. Any work in the Far North or in regions close to northern conditions is paid taking into account the regional coefficient.

Any work performed in the Far North region is paid taking into account the regional coefficient

Question : When calculating additional payments to tariff rates, should the regional coefficient be taken into account?

Answer: Yes. The regional coefficient must be taken into account in all cases concerning cash payments.

So, workers in the Far North have quite a lot of benefits and opportunities to receive subsidies from the state. To get what you are entitled to, you must contact the MFC or social security authorities, providing the necessary documents.

Fundamental normative and legislative acts

Northerners and citizens planning to move to areas with extreme climatic conditions must have legal information and know the specifics of regulation and remuneration for persons working in such regions. The legislative framework periodically undergoes changes, but the main part of it has not changed since Soviet times.

The main document protecting the rights of all workers is the Labor Code (LC) of the Russian Federation. When calculating the regional coefficient, officials must be guided by the articles set out in the state act. Chapter No. 50 of the Labor Code, which regulates the norms of social support and protection of the local population, draws a parallel with other legislative provisions and complements them in terms of relations to this category of citizens.

Since the times of the USSR, in 1967, Resolution No. 1029 of the Council of Ministers of November 10 approved a list of subjects of the Far North and areas with a harsh climate, which were decided to be equated with the northern ones. Until today, the state social protection body is guided by this list when calculating and assigning benefits. Although he did several times in 2004 and 2009. edited, but not in terms of changing the regions for calculating the allowance.

Officials are also closely monitored. Order No. 2 of 1990 of the Ministry of Labor of the RSFSR coordinates the actions of enterprise managers, whose responsibilities include compliance with laws, the procedure for calculating and calculating the regional coefficient, and employees working in the northern regions of the country.

After the collapse of the USSR in 1993, the president adopted the first law No. 4520-1, regulating the assignment of benefits. The legal act guarantees state support for persons living and working for the benefit of the country in regions with harsh climatic conditions.