Advanced Search

Amending Article 11 Of The Federal Law "on Individual (Personalized) Accounting In The Statutory Pension Insurance" And The Federal Law "on The Special Evaluation Of Working Conditions"

Original Language Title: О внесении изменений в статью 11 Федерального закона "Об индивидуальном (персонифицированном) учете в системе обязательного пенсионного страхования" и Федеральный закон "О специальной оценке условий труда"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending Article 11 of Federal Law "About Individual (personified) Accounting in the System Mandatory Pensions" Insurance "and Federal Law " On special assessment of working conditions " adopted by the State Duma on April 22, 2016 Approved by the Federation Council on April 27, 2016 Article 1 Article 11, paragraph 2-2, of the Federal Law dated 1 April 1996 N 27-FZ " On individual (personalized) pension insurance " (Legislative Assembly of the Russian Federation THE RUSSIAN FEDERATION, 1996, N 14, 1401; 2001, N 44, sect. 4149; 2003, N 1, est. 13; 2007, N 30, est. 3754; 2008, N 18, st. 1942; N 30, sect. 3616; 2009, N 30, sect. 3739; N 52, sect. 6417; 2010, N 31, st. 4196; N 50, sect. 6597; 2011, N 49, sect. 7057; 2013, N 52, sect. 6986; 2014, N 30, est. 4217; N 45, sect. 6155; N 49, sect. 6915; 2016, N 1, est. 5) to be supplemented by the words "(if the insured person has the identification number of the insured person's identification number)". Article 2 Article 2 Amend the federal law dated December 28, 2013 N 426-FZ " On special assessment of working conditions " (Russian Federation Law Assembly, 2013, N 52, p. 6991; 2014, N 26, est. 3366) the following changes: 1) Article 4, paragraph 2, of article 4, to be supplemented with the words " and proposals by employees to carry out identification of potentially harmful and (or) hazardous working factors at their workplaces (if any) Proposals) "; 2) paragraph 2 of article 5, paragraph 2, after the words" (further-expert), "should be supplemented with the words" with proposals to carry out the identification of potentially harmful and (or) hazardous industrial factors and "; 3) in paragraph 3 of Part 2 of Article 6 the words "methods of research (tests) and" should be deleted; (4) in article 10: (a) in paragraph 1 of Part 6 of the word "old age pension" should be replaced with the words "insurance old-age pension"; b) to supplement Part 8 with the following: " 8. The expert of the organization carrying out a special assessment of working conditions for the purpose of determining the list referred to in Part 7 of this Article may: 1) examine the documentation of the technological process used in the production equipment, materials and raw materials, and documents that regulate the duties of the employee employed in the work place; (2) job survey; 3) familiarity with the work, actual by an employee in the workplace; 4) other Activities under the procedure for the identification of potentially harmful and (or) hazardous working factors according to the methodology of the special assessment of working conditions. "; 5) in article 11: (a) Part 1 after the words "not identified," to be supplemented by the words " as well as the working conditions on which research (tests) and measurements of hazardous and (or) hazardous work factors are considered to be optimal or permissible, except for jobs, as referred to in article 10, paragraph 6, of this Federal Law, "; b) Part 5, after the words "production factors," to be supplemented by the words " or in relation to the employee and (or) at his workplace, have been identified in the course of federal State supervision of compliance with labour laws and other regulatory measures. Legal acts containing labour law rules, violations of the State normative requirements of labour protection contained in federal laws and other legal acts of the Russian Federation, "; 6) in article 12: (a) Part 3 replace "and other" with "and (or) other"; b) in Part 4 The words "methods of research (tests) and" delete; in Part 5 should read: " 5. Methodologies (methods) for measuring harmful and (or) hazardous industrial factors, the composition of experts and other workers conducting research (testing) and the measurement of harmful and (or) hazardous industrial factors are determined by the organization conducting the tests. A special assessment of the working conditions, independently. "; 7) in article 14, paragraph 7, of the phrase" by the territorial body of the federal executive authority exercising the function of organizing and implementing the federal state of sanitary and epidemiological surveillance, by location Replace the relevant jobs with the words "the federal executive body performing the functions of organizing and implementing the federal state sanitary and epidemiological surveillance system"; 8) in article 15: (a) Paragraph 5 of part 1 should read: " (5) a protocol for evaluating the effectiveness of workers employed in hazardous work environments, personal protective equipment, which have been certified in a in accordance with the procedure established by the technical regulations Reduction of the working conditions (in the case of such an assessment); "; b) in Part 4, replace" paragraphs 1, 2 and 9 "with" paragraphs 1 to 4, 7 and 9 "; in) to supplement Part 5-1 as follows: " 5-1. The employer, within three working days of the approval of the report of the special evaluation of the conditions of work, is obliged to notify the organization which carried out a special evaluation of the working conditions in any accessible way to enable it as a confirmation of the fact of such notification, and to forward to her address a copy of the approved record of the special assessment of the working conditions by registered mail, with notice of delivery, or in the form of an electronic document signed a qualified electronic signature. If there is a report of a special evaluation of the conditions of work of information constituting a state or other secret protected by law, a copy of the said report shall be sent taking into account the requirements of the legislation of the Russian Federation State and other legally protected secrecy. "; 9) in article 17: (a) Part 1, paragraph 2, in addition to the words" or State regulatory requirements for the protection of labour contained in federal laws and other regulatory legal instruments ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION editions: " 2. An exceptional special assessment of the working conditions shall be carried out at the appropriate working places within twelve months of the occurrence of the cases referred to in paragraphs 1 and 3 of part 1 of this article and within six months of the occurrence of cases, in paragraphs 2, 4 to 7 of Part 1 of this Article. "; in) to be supplemented with Part 3 reading: " 3. In case of change of the name, surname or patronymic (if any) of the employer-individual entrepreneor, reorganization of the employer-legal person or change of the name of the work place which did not lead to the occurrence of the grounds for An exceptional special evaluation of the conditions of work stipulated in paragraphs 3 to 5 and 7 of part 1 of this article may not be carried out. The decision not to carry out an exceptional special evaluation of working conditions should be made by the commission. "; g) should be supplemented with Part 4 reading: " 4. In the case of an exceptional special assessment of the working conditions provided for in paragraph 2 of part 1 of this article, the situation of workers employed in the workplace is not allowed to deteriorate for the period prior to the adoption of the report. which are subject to an exceptional special assessment of working conditions, in terms of guarantees and compensation for work with harmful and (or) hazardous working conditions, as compared to their situation prior to the special assessment of working conditions, The results of which are obtained in violation of the requirements of this Federal Law. "; 10) in article 18: a) Part 1 should read: " 1. The results of a special assessment of working conditions, including employment conditions, which are declared to be in compliance with the State regulations for labour protection, are to be submitted to the Federal State. Information system of the results of the special assessment of working conditions (hereinafter referred to as the information system), except for information constituting a state or other secret protected by law, taking into account the requirements of the law The Russian Federation on personal data. The obligation to transmit the results of the special assessment of working conditions is entrusted to the organization carrying out a special assessment of working conditions. "; b) in paragraph 2 of Part 2: subparagraph" d " should read as follows: " (e) the class (division) of the working conditions in the workplace and the class (division) of the working conditions with respect to each harmful and (or) dangerous production factor indicating their name, units of measure, measured values, the relevant standards (hygiene regulations) of working conditions, the duration of exposure to hazardous and/or hazardous occupational factors on the worker and the reduction in the class (s) of the working conditions on the basis of an evaluation of the effectiveness of the individual protection equipment, including the details of the assessment protocol The effectiveness of workers employed in jobs with harmful working conditions, personal protective equipment, which have been certified in accordance with the procedure established by the technical regulations for the reduction of the class (a subclass) of the working conditions (in the case of such an assessment); "; The subparagraph (e) should read as follows: "(e) the basis for the formation of the rights of workers employed in the job, the early appointment of an insurance old-age pension (if there is such a right);"; "and" to read: " and) information on the adoption by the federal executive authority authorized to carry out federal State supervision of compliance with labour laws and other regulatory legal instruments. Acts containing labour law, decisions to terminate the declaration of conformity of working conditions with State normative requirements of labour protection; "; 11) paragraph 2 of article 19, paragraph 2, of the following wording: " (2) the presence of at least five experts in the organization of An employment contract and an expert certificate of the right to carry out work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties-general hygiene, occupational health, Hygiene laboratory tests; "; 12) article 21, paragraph 1, paragraph 1 The following wording: "(1) the full name of the organization, the location of its location, the name and location of the branches and representative offices of the organization (if any);"; 13) in article 24, paragraph 2: a) 1 to be supplemented with the words ", organizations which carried out a special assessment of working conditions"; (b), supplement the words ", organizations which conducted a special assessment of working conditions"; 14) to supplement article 27 with Part 7 of the following Content: " 7. In the measurement of harmful and/or hazardous industrial factors, methods (methods) of measuring harmful and (or) hazardous production factors are permitted to be applied in the manner prescribed before the day of entry into force. Federal Act No. 102-FZ of 26 June 2008 "On ensuring the unity of measurement", including those approved by the federal executive authority responsible for the provision of public services, and the management of State property in the State Technical Regulation and Unity of Measure, and by the federal executive body responsible for the development and approval of public sanitary and epidemiological regulations and hygienic standards, without having to certify them. The validation of the methods (s) specified in this part shall be completed no later than 31 December 2020. ". Article 3 1. This law shall enter into force on the date of its official publication. 2. Article 11, part 1, and article 27, paragraph 7, of the Federal Act of 28 December 2013, No. 426-FZ "On special assessment of working conditions" (in The wording of this Federal Law) applies to the legal relations that have arisen since 1 January 2014. 3. The provisions of article 27, paragraph 7, of the Federal Act of 28 December 2013, No. 426-FZ "On special assessment of working conditions" (as amended by the present Federal Act) The law) shall be applied until 1 January 2021. 4. With regard to jobs whose working conditions are recognized as optimal or permissible on the day of the entry into force of this Federal Act on the results of studies (tests) and measurements of hazardous and (or) hazardous industrial factors, excluding the jobs referred to in article 10, paragraph 6, of the Federal Act of 28 December 2013, No. 426-FZ "On special assessment of working conditions", The employer shall be submitted to the territorial body of the federal organ The executive branch, which is authorized to conduct the federal State supervision of the observance of labour laws and other normative legal acts containing the rules of labour law, at its place of residence, The compliance of the working conditions with the State occupational health and safety regulations, with the inclusion of jobs in the workplace. President of the Russian Federation Vladimir Putin Moscow, Kremlin 1 May 2016 N 136-FZ