Conducting a southeast for new jobs is underway. Bye-law: GIT on unscheduled special appraisals for a newly hired employee. Sout timing at new jobs

Employers are required to conduct a special assessment of working conditions at new workplaces in order to further determine their hazard class and, accordingly, the rate of social insurance contributions, the type and amount of compensation for employees.

The methodology for conducting a special assessment of working conditions at a new workplace does not differ from the procedure for analyzing production factors in other cases. But this time, the employer must remember the timing of the SAUT, as well as understand when exactly he should conduct an unscheduled special assessment.

Explanations of officials

Several years have passed since the entry into force. During this time, officials and experts have issued many clarifications regarding the implementation of the SAWS at the newly organized workplaces.

One of these clarifications was the Letter of the Department of Labor Conditions and Labor Protection of the Ministry of Labor dated January 23, 2017 No. 15-1 / OOG-169. In this document, officials recalled that an unscheduled special assessment of working conditions in connection with the relocation, the creation of a new workplace should be carried out in accordance with the norms of Article 17, from which it follows that SOUT must be carried out within 12 months from the date of commissioning of the newly organized workplace.

Officials emphasize that commissioning should be understood as the date of the start of the regular production process at new locations or in new premises, for example, when moving to a new office.

It is very important: to carry out SAWT at a newly organized workplace, which is vacant, is impractical. Therefore, even if a workplace is created, but no one is working on it, it is not worth evaluating it, they say in the Ministry of Labor.

When a citizen is employed in a vacant position, the employer must agree with him on guarantees and compensations based on the results of the SAUT in similar places, officials suggest. After the special assessment, the employment contract is supplemented with information about the class (subclass) of working conditions. It also specifies the guarantees and compensations (if necessary) that are due to the employee under the law.

As for the previously created places, then 5 years ago, certification should have been carried out in their relation, which was later replaced by a special assessment of working conditions. For such places, SOUT really has a specific completion date - 12/31/2018.

Arbitrage practice

In most cases, officials admit that their explanations are not the final interpretation of the law. Law enforcement practice is still based on the decisions of the courts. In what cases, in the opinion of the judges, should the employer carry out an unscheduled SAWS in connection with the commissioning of a new workplace?

Based on the Resolution of the Samara Regional Court of 12.02.2016 on case No. 4A-75/2016, the commissioning of a workplace is the date of approval of the staffing table indicating the position of the employee or the date of acceptance of other documents confirming the presence of a workplace (for example, approval of instructions for labor protection or job description). If we are guided by this rule, then from the date of the appearance of a new workplace in the employer's staffing table, it is necessary to start counting 12 months provided for carrying out a special assessment of working conditions.

At the same time, the courts believe that the following situations are not a reason for an unscheduled SAUT (see Decision of the Tambov Regional Court of 09.11.2015 in case No. 7-353 / 2015, Decision of the Krasnoyarsk Regional Court of 24.12.2015 in case No. 7p-1262 / 2015):

  • the employee actually carries out his labor functions at the previous workplace, but the name of his position was changed and amendments were made to the staffing table;
  • the employing organization was renamed or reorganized.

Separately, it should be said about the commissioning of similar jobs. They are also considered newly organized. But the commission for conducting the special assessment may decide that such places are similar to those in respect of which the SAWS has already been carried out, which means that it is not necessary to assess them in relation to them. Such a decision must necessarily be formalized in a protocol.

The price of the issue and some features of the choice of an appraiser

The Internet is replete with proposals for assessing working conditions at one workplace for 500-600 rubles. In other cases, appraisers take more - from 1,500 rubles, focusing on the fact that the cost of work depends on the number of jobs, the volume and labor intensity of the necessary measurements, the number of experts involved, the remoteness of production and other factors.

How much to pay for SOUT is an individual matter, but here you need to remember a few points. First, the organization or expert who will carry out the special assessment of working conditions must be accredited. The data about the appraiser must be entered in a special register maintained by the Ministry of Labor (all relevant information is available on the website). Secondly, it is necessary to take into account the remoteness of the appraiser from the workplace, since all travel expenses will ultimately fall on the customer. Another important point is that mistakes must be avoided when conducting SAUT, otherwise its results may be invalidated.

Based on judicial practice, among the most frequent violations during the SAUT are (for more details see the Appellate ruling of the Judicial Collegium for Civil Cases of the Irkutsk Regional Court of 11/19/2014 in case No. from 08.07.2015 in case No. 33- 9418/2015, Appeal determination of the Investigative Committee on civil cases of the Armed Forces of the Komi Republic dated 21.09.2015 in case No. 33-5055 / 2015):

  • non-observance of the right of workers to be present during the special assessment and make proposals for the identification of potentially harmful and (or) hazardous production factors (Article 5);
  • failure to acquaint employees with the results of the SAUT in writing within the prescribed period (Article 4 and paragraph 5 of Article 15);
  • lack of information confirming research (testing) in respect of at least 20% of workplaces (in case of similarity) (Article 16);
  • discrepancy between the dates of compilation of various documents, which is a violation of the methodology for conducting SAWS.

If you come across an unscrupulous appraiser, the money under the contract will, of course, be returned in court (see the decision of the Arbitration Court of the Moscow Region of 12/22/2015 in case No. A41-71418 / 2015). However, this will not eliminate the need to conduct a high-quality special assessment, based on the results of which the scope of additional obligations of the employer will be determined.

Special assessment of working conditions: real savings

For those who have not yet seen the benefits of SOUT, experts from the Klin Institute for Labor Protection and Working Conditions offer to look at the real savings after its implementation. According to their calculations, the benefit to employers for various types of compensation varies from 45 to 5 percent. On what you can save and how much, see the graph.

If the employer does not like the "carrot", the authorities always have a "stick" at the ready. According to clause 2, the responsibility of employers for refusing to carry out a special assessment of working conditions is significant: a fine from 60,000 to 80,000 rubles - for organizations, and for officials - up to 10,000 rubles.

At the same time, practice shows that for the failure to carry out the SAUT in the aggregate, the sanctions can be up to 400,000 rubles. And since the violation of labor protection rules is a misdemeanor, which the courts regard as significant (see, for example, the decision of the Moscow City Court dated December 14, 2015 No. 7-13480 / 15), it is unlikely that it will be possible to avoid punishment.

It should be noted that in Rostrud they are already preparing to conduct raids in order to identify companies where no SOUT was carried out or some violations were made. Such unscheduled visits can also result in administrative liability and fines. If the workplace is still vacant or it was created less than 12 months ago, the GIT inspectors will not be able to punish for failure to conduct a special assessment.

At the same time, the Ministry of Labor assured that all employers will not be fined in 2019. Officials intend to use the so-called mechanism of warning about the inadmissibility of violation of labor protection requirements. This means that if the company has not carried out an SOUT, then it will be issued a warning indicating the time frame during which the violation must be eliminated. If the organization refuses to follow the order, only then it can be fined.

The Ministry of Labor is confident that this will allow "a conscientious and responsible employer to eliminate the violation without imposing fines provided for by the Code." But in fact, this is another small concession on the part of the authorities, which, in our opinion, would be foolish not to take advantage of.

From January 1, 2014, employers are required to carry out a special assessment of working conditions (Federal Law of December 28, 2013 No. 426-FZ ""; hereinafter - Law No. 426-FZ). This procedure was introduced instead of certification of workplaces and in many respects repeats it.

On December 31, 2018, the period ended when employers could stage-by-stage carry out a special assessment of working conditions in relation to workplaces where identification of potentially harmful and (or) hazardous production factors is carried out. We are talking about the so-called safe, "unscheduled" workplaces, that is, not specified in. In fact, jobs belong to this category. In addition, only before this date could the results of the earlier certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4 / 10 / B-4010 "").

Thus, the period during which it was necessary to make the SAUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. It should be noted that the responsibility for this part does not depend on the number of employees whose labor rights have been violated ().

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Nevertheless, firstly, the special assessment should be carried out as soon as possible by those who are late - in particular, the Ministry of Labor of Russia should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, within the framework of which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-fulfillment - they will be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. This is given a year from the date of their formation. That is, if the workplace was created in December 2018, then the deadline for completion of the SOUT is December 2019.

Both these and other categories of employers will find our instructions very useful. In the course of conducting a special assessment, they need to take into account a number of features in order to avoid administrative liability for violation of the established procedure for conducting a special assessment for the same.

Let's consider the procedure for carrying out this procedure in more detail.

Step 1. Issue an order on the formation of a commission to conduct a special assessment of working conditions

Having made a decision to conduct a special assessment of working conditions, the head of the organization must issue an appropriate order, defining in it the composition of the commission for carrying out such a special assessment, including the head, as well as the procedure for its activities. In this case, the number of members of the commission must be odd, and a labor protection specialist must be included in its composition (). The head of the commission is usually appointed by the general director ().

Step 2. Approve the list of jobs for a special assessment

The list of jobs for which a special assessment should be carried out, including similar ones, is determined by a commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two of them (). The results of the special appraisal are then applied to all similar workplaces.

OUR REFERENCE

Similar workplaces - workplaces that are located in one or more of the same type of production premises, equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, carry out the same labor functions in the same mode of working time while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and provided with the same personal protective equipment ().

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with the determination of the list of workplaces for which a special assessment of working conditions should be carried out, the commission draws up a schedule for the special assessment. It must be approved by the relevant order of the head of the organization.

When drawing up this schedule, consider the following.

As a general rule, a special assessment is carried out for each workplace, including office premises, at least once every five years ().

If the employer had not previously carried out a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). At the same time, the law made it possible to do this in stages.

The only exceptions are jobs:

  • those employees whose profession, position or specialty gives them;
  • work on which gives the right to guarantees and compensation for work;
  • where, according to the results of previously conducted workplace certification for working conditions or a special assessment of working conditions, harmful and / or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without dividing into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles - for officials and individual entrepreneurs, up to 80 thousand rubles. - for legal entities ().

If, before December 31, 2013, the employer carried out certification of workplaces for working conditions, a special assessment in relation to these workplaces may not be carried out for five years from the date of completion of the certification ().

In addition, in addition to the planned special appraisal of workplaces, the employer is obliged to carry out unscheduled ones - for example, when commissioning newly organized workplaces, changing the technological process, receiving an appropriate order from the State Institute of Technology, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out is from 6 to 12 months, depending on the basis for its implementation ().

Step 4. Conclude an agreement with a specialized organization for a special assessment of working conditions

To carry out a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Ministry of Labor of Russia (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting the special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing the working conditions at the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and / or hazardous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and / or hazardous production factors. The results of this identification, upon its completion, are approved by the commission created by the employer ().

Then the organization proceeds to measure the actual values ​​of harmful and / or hazardous factors, if any have been identified (). Based on the results of the study, an expert of a specialized organization classifies working conditions at workplaces according to the degree of hazard and / or danger into optimal, permissible, harmful and hazardous (,).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may state his reasoned opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, as well as send a copy of the approved report () to it. This can be done in any available way that provides an opportunity to confirm the fact of such a notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and / or hazardous production factors was not identified based on the identification results, or if, according to the results of measurements, the working conditions at the workplace were recognized as optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). This requires the compliance of working conditions with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that until May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and / or hazardous production factors. In this regard, if, according to the results of measurements carried out before May 1, 2016, the working conditions for other workplaces were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these workplaces ().

Step 10. Familiarize employees with the report on the special assessment of working conditions

Within a period not later than 30 calendar days from the date of approval of the report on the special assessment, the employer must familiarize employees with the results of the special assessment against signature (). The specified period does not include periods of temporary disability of the employee, his being on vacation or business trip, periods of inter-shift rest.

Step 11. Place the results of the special assessment on the organization's website

Within 30 calendar days after the approval of the report on the special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

The information posted on the site must contain information:

  • on the establishment of classes (subclasses) of working conditions at workplaces;
  • on the list of measures to improve the working conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the special assessment carried out affect the establishment of guarantees and compensation for workers. So, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a shortened working week of no more than 36 hours, additional leave of at least seven calendar days and / or compensation in the amount of 4% of salary (,).

In addition, a clause on working conditions at the respective workplace must be included in the employment contract with new employees (). And the contracts with already working employees should be amended by concluding an appropriate supplementary agreement with them ().

The procedure for conducting SAWS is enshrined in law and in some parts contains fairly liberal provisions. For example, in accordance with paragraph 6 of Article 27, for some jobs, a special assessment can be carried out in stages and must be completed by 31.12.2018. However, the courts have an ambiguous approach to the interpretation of this provision and make contradictory decisions (for example, Definitions of 11.11.2014 No. 11-11968 / 2014 and 26.02.2015 No. 33-5865 / 15), and fines for failure to carry out this event can be up to 200 000 rubles.

SOUT: timing

For the first time, a special assessment of working conditions must be carried out within a period not exceeding 12 months from the date of the creation of a new workplace. If an organization has been operating for more than 12 months, and certification of workplaces (AWP) or a special assessment of working conditions has never been carried out, then a special assessment should be carried out immediately or yesterday.

  • safe work of their employees;
  • labor protection of their employees;
  • informing employees about the conditions in which they work, etc.
  • safe working conditions;
  • obtaining information about the conditions of harm in their workplace.

That is, the employee has the right to require the employer to provide information on the degree of risk to his health, which may be exposed to harmful or hazardous production factors (even sitting in front of the monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information apply to the body of state supervision over the observance of the legislation.

In this case, the employer will be fined up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, an administrative suspension of the enterprise's activities for up to 90 days may threaten.

Frequency of carrying out

The term of the special assessment of working conditions is 5 years. The passage of time begins on the day the assessment report is approved for each individual workplace. The results of this event can be reduced to two options, when:

  • harmful factors were not identified during the course;
  • harmful factors have been identified and classified accordingly.

No harmful factors identified

If in the course of the special assessment no harmful and dangerous production factors are identified, such a workplace must be declared to the territorial body of the federal service for labor and employment for compliance with working conditions with labor protection standard requirements.

In this case, if within the next 5 years there is no reason to carry out an unscheduled special assessment in relation to this workplace, then after this period there is no need to repeat SAUT, the declaration is considered to be automatically extended.

And in what time frame the SAUT should be done in the future (if at all it will be necessary to do it), the law does not say.

Harmful factors identified and classified

In this case, the period of validity of the special assessment of working conditions is 5 years. And this does not mean that five years have passed and it is necessary to start organizing a new special assessment. By the end of the five-year period, the employer must have already prepared the results of the certification, that is, no interruption is allowed.

Workplace certification

AWP is, in fact, the same as a special assessment, only with a different name. Therefore, if the employer carried out an automated workstation before 01.01.2014, then the current legislation allows him not to organize and not carry out any additional activities for the entire period of validity of the SAUT until the expiration date of the results of this certification, of course, if there are no grounds for conducting an unscheduled SAUT.

Terms of unscheduled SAUT

If circumstances arise for an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

  • the employer received an order to conduct an unscheduled special assessment;
  • in production, they begin to use new materials or raw materials that can harm the health of the employee;
  • new means of individual and collective protection are introduced (it is possible to reduce the hazard class, respectively, it is possible to reduce payments for hazard);
  • an accident has occurred (with the exception of an industrial accident caused by the fault of third parties);
  • the medical commission established the fact of an occupational disease;
  • a letter was received from the trade union on the need for an unscheduled special assessment.

12 months

SOUT must be carried out within the specified time if:

  • new jobs are being commissioned;
  • technological processes, production equipment are changing, which can affect the level of exposure to harmful or hazardous production factors.

Timing of events based on the results of the SAUT

From the date of approval of the report on the results of the SAWS, the employer is obliged to:

  • within 3 working days notify the organization that carried out the SAWS about the approval;
  • no later than 30 calendar days, under the signature, familiarize employees with the results of the special assessment;
  • no later than 30 calendar days, if there is a website on the Internet, place information on the results of the SAWS and a list of measures to improve labor protection conditions.

Shelf life of materials of special assessment of working conditions

Deadline for drawing up a report on SOUT

It is established by order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

Is 45 years old, but if, as a result of the SAWS, harmful or dangerous production factors are identified and working conditions are appropriately classified according to hazard and hazard, such materials must be stored for 75 years.

Validity period of materials SOUT

Materials based on the results of the special assessment are valid for the entire period of establishment of the appropriate hazard class or the validity period of the declaration of conformity of working conditions to state regulatory requirements for labor protection.

Please tell me about the special assessment of working conditions. 1. If an employee is hired for a newly created workplace, the working conditions at the workplace in the employment contract should be indicated as acceptable - class 2, because it has not yet been subject to a special assessment of labor. Even if this is a privileged position (for example, an electric and gas welder). and conduct an off-schedule assessment? 2. The employee worked at an "assessed" workplace with hazardous working conditions in class 3.2 and we transfer him (with his consent) to another structural unit, the profession is the same, but the workplace has not yet been assessed. What to do with those guarantees and compensations that have already been established for the employee (class 3.2. - increased wages and additional leave and preferential pensions) .3. A class 1 driver was admitted to an "assessed" workplace with working conditions class 3.1, but another car was assigned to the newly hired driver, which did not participate in the assessment. What to do at the conclusion of the TD, indicate class 3.1 or again assess the workplace due to a change of car? Thank you!

Answer

Answer to 1 question: If an employee is accepted for a newly created workplace, the working conditions at the workplace in the employment contract should be indicated as permissible - class 2, because it has not yet been subject to a special assessment of labor. Even if this is a privileged position (for example, an electric and gas welder). And conduct an unscheduled assessment?

2. You can indicate in the employment contract that the working conditions are permissible, and not establish compensation, and after a special assessment, amend the employment contract. However, in this case, this period of work will not be included in the length of service, which gives the right to early retirement.

It should be borne in mind that if the working conditions are classified as harmful or dangerous, the employee will have the right to receive appropriate compensation from the moment he is hired at this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled to additional leave, he will rely for the entire period from the date of admission to this workplace.

2. Answer: What working conditions are considered harmful

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

Harmful working conditions are production factors that can cause various types of diseases in an employee. These conditions include, in particular, radiation, noise, vibration, etc.

The organization can assess the harmfulness and danger of working conditions of its employees based on the results of:

  • held before January 1, 2014 in the manner prescribed;
  • held after January 1, 2014 in the manner prescribed.

This is due to the fact that, as a general rule, the results of certification carried out before January 1, 2014 are valid for.

It is possible to navigate which work is harmful depending on the results of which inspection of working conditions are used.

1. Working conditions are determined by results.

The requirement to determine working conditions based on the results of certification was valid until January 1, 2014 in accordance with. If, after this, the working conditions in the organization were not revised, then to determine the work with harmfulness, you can use:

  • approved;
  • approved.

2. Working conditions are determined by results.

After January 1, 2014, the harmfulness and hazard of working conditions are determined based on the results of a special assessment. In this case, the working conditions of employees are classified as depending on the degree of their harmfulness or danger and are provided corresponding to the current norms of the Labor Code of the Russian Federation.

3. Answer: When is an unscheduled assessment of working conditions carried out?

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

As a general rule, the employer evaluates working conditions once a day. At the same time, the legislation stipulates situations when an unscheduled assessment is required. Such an assessment is carried out in the following cases:

  1. commissioning of new jobs;
  2. receiving an order from a labor inspector in connection with violations revealed during the inspection on the procedure for conducting a special assessment;
  3. changes in the technological process and replacement of production equipment, which may affect the level of exposure to harmful and dangerous factors on employees;
  4. changes in the composition of the materials and raw materials used, which may affect the level of exposure to harmful and hazardous factors on employees;
  5. changes in the personal and collective protective equipment used, which may affect the level of exposure to harmful and dangerous factors on employees;
  6. identification, the reasons for which were the impact on the employee of harmful or dangerous production factors, or at the workplace, with the exception of accidents due to the fault of third parties;
  7. the presence or other representative body of employees on the conduct of an unscheduled assessment.

An unscheduled special assessment of working conditions is carried out at the relevant workplaces within 12 months from the date of occurrence of cases from points

There are a number of differences between the certification of workplaces from the SOUT associated with the list of workplaces to be verified. Certification has always been assigned to workplaces using: mechanisms, vehicles, devices, apparatus, hand tools, etc. For SOUT, such restrictions are not provided.

The procedure for a special assessment of working conditions (SOUT) is carried out on the basis of the organization's staffing table. The list of organizations includes all enterprises, legal entities that have at least one workplace. For individuals who have hired an employee, this measure is not provided (426-FZ, Art. 3). The list of jobs will be determined by the specialist of the organization that you have chosen to carry out the SOUT. But the employer can prepare for this procedure in order to optimize the work process.

For each profession from the staffing table, an SOUT must be carried out. Many employers are wondering what can be dangerous in the working conditions of office workers and is it really necessary to carry out SAWS for them. The experts' answer is unambiguous - SOUT is obligatory for all categories of the company's employees. If you have never carried out SAUT, then the law at the moment obliges you to pass it only for "harmful" jobs. The jobs that must certainly go through the SAUT include:

  • Positions included in the lists for early appointment of old-age pensions
  • Positions providing guarantees and compensation for work in hazardous or harmful working conditions

Potentially safe, including office, jobs can be assessed gradually until 2018. Legislators promise not to fine for such a minor violation. But for violation of the SAUT procedure for a "dangerous" workplace, they can be punished under the Criminal Code.

The list of jobs determined by the SOUT specialist may include similar jobs... These include workers of the same profession, performing the same labor functions, under conditions of the same working hours, using the same production equipment, having similar production facilities with the same ventilation, lighting, heating, etc. With regard to such jobs, SOUT is carried out for 20% of their total number (but not less than two). The SOUT results are applicable to all similar jobs. There is also one system of measures to improve working conditions for similar ones. The employer has the right to revise the positions in the staffing table and make the appropriate changes.

SOUT is not carried out for home work. When optimizing the staffing table, the employer may well take advantage of this norm. A profession that allows an employee to work at home must be properly formalized. Those. in the contract with the employee, the working condition must be mentioned - home, remote etc.

When entering the staffing table new position the employer must conduct an SAWS for these jobs. The nature of such a check will be unscheduled, if the validity period of the last SOUT in the organization has not expired. The check should be carried out no later than six months from the date of the commissioning of new jobs. If the new posts are similar to those already tested, then SOUT is optional.

Thus, SOUT is not carried out for the following categories of workers:

  • homeworkers,
  • teleworkers,
  • Employees who have an employment relationship with an employer who is an individual who is not registered as an individual entrepreneur.


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