Guarantees of workers' rights to labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

Guarantees of workers' rights to labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Guarantees of the right of workers to work in conditions that meet the requirements of labor protection, Art. 220 of the Labor Code of the Russian Federation which read:

1. The state guarantees employees the protection of their right to work in conditions that meet the requirements of labor protection.

2. The working conditions provided for by the employment agreement (contract) must comply with the requirements of labor protection.

3. For the period of suspension of work in connection with the suspension of activities or a temporary ban on activities due to violation of state regulatory requirements for labor protection, through no fault of the employee, the place of work (position) and average earnings are retained.

4. If an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by the Labor Code and other federal laws, the employer is obliged to provide the employee with another job for the time the danger is eliminated.

If the provision of other work for objective reasons is impossible, the downtime of the employee until the danger to his life and health is eliminated is paid by employers in accordance with the legislation of the Russian Federation.

5. If the employee is not provided with personal and collective protective equipment (in accordance with the norms), the employer is not entitled to require the employee to perform work duties and is obliged to pay for the downtime that has arisen for this reason in accordance with the legislation of the Russian Federation.

6. The refusal of an employee to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing hard work and work with harmful or dangerous working conditions not provided for by the employment contract (contract) does not entail his involvement in disciplinary liability.

7. In the event of harm to the life and health of an employee in the performance of his labor duties, compensation for the said harm is carried out in accordance with the legislation of the Russian Federation.

8. In order to prevent and eliminate violations of state regulatory requirements for labor protection, the state ensures the organization and implementation of state supervision and control over their observance and establishes the responsibility of the employer and officials for violation of these requirements.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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