Sectoral tariff agreement in housing and communal services on. On amendments to the industry tariff agreement

21.09.2019

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1. General Provisions

1.1. This Sectoral Tariff Agreement in the Housing and Utilities Sector of the Russian Federation (hereinafter referred to as the Agreement or OTC) is concluded in accordance with the current legislation of the Russian Federation.

1.2. This Agreement is a legal act that regulates social and labor relations and establishes general principles for regulating related economic relations between authorized representatives of employees and employers of the Organizations to which the Agreement applies, regardless of the form of ownership of the Organizations, general terms of remuneration, labor guarantees and benefits to employees, as well as defining the rights, obligations and responsibilities of the parties to social partnership. The agreement is aimed at improving the system of relationships and harmonizing interests between employees, state authorities, local government bodies, employers on the regulation of social, labor and other related economic relations in the housing and communal sectors, as well as at increasing the efficiency of the organizations of housing and communal services. economy (hereinafter referred to as the Organization), for the implementation of socio-economic, labor rights and legitimate interests of workers in this industry.

1.3. Housing and communal services - a type of economic activity aimed at ensuring the livelihoods of the population, creating comfortable living conditions for citizens in their homes and in landscaped areas; housing and communal services include activities, services, works named in the qualification characteristics of activities in the Order of the Ministry of Construction of Russia dated April 27, 2016 No. 286 / pr. "On the approval of the collective classification groupings of the housing and communal services industry" (A complete list of Organizations by type of economic activity, services and work in housing and communal services is given in and to this GPA).

1.4. Housing and communal services organizations are legal entities that carry out types of economic activities, services, works listed in and to this Agreement. These Housing and Utilities Organizations are subject to the Agreement if they join the Agreement in the manner prescribed by the current legislation and this Agreement.

1.5. Goals and objectives of the Agreement:

Assistance in reforming and modernizing the housing and communal services of the country, maintaining social stability in the organizations of the industry;

Establishment and implementation of social and labor guarantees for employees of the Organizations; creation of conditions and mechanisms to facilitate the implementation in the Organizations of the norms of the labor legislation of the Russian Federation;

Involvement of employees in the management of the Organization;

Increasing the competitiveness of the Organization, professionalism and qualifications of employees, securing a qualified workforce;

Development of social partnership, initiative and competition in the workforce of the Organizations;

Ensuring the interests of the parties to social partnership in the industry in the formation of tariffs for housing and communal services, as well as ensuring the interests of organizations carrying out unregulated activities.

In accordance with the social projects of the Russian Federation "State Treasury Income", "People's Control", "Personnel for the National Economy", "Quality Mark" Made in Russia "," For a High Social Standard "," Care "," For a Decent Wage ", As well as the requirements of the Federal Law" On the independent assessment of qualifications "No. 283-FZ dated 03.07.2016. and Decree of the Government of the Russian Federation of June 27, 2016 No. 584 "On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of the shares (stakes) in the authorized capital of which is state-owned or municipal property "The Parties to the Agreement participate in solving the following tasks:

Creation and development of a sectoral system for assessing professional qualifications;

Implementation of professional and public accreditation of educational programs of educational institutions for compliance with their industry professional standards;

Formation of the optimal quality of the composition and number of labor resources necessary for the development of housing and communal services;

Creation of conditions for increasing the level and quality of social guarantees for employees of the housing and communal services, including by attracting socially responsible business, other non-state sources of financing;

Improving the efficiency of the industry's organizations, including increasing labor productivity at the proper level of its quality, the efficiency of management decisions and implemented production, investment programs, which are the main factors in maintaining a decent level of wages and the possibility of their growth and guarantees of payment of compensation;

Raising the prestige of the industry, attracting and retaining qualified workers in accordance with the requirements of professional standards;

Formation of reasonable, transparent and understandable mechanisms for differentiating the levels of regulation of social and labor relations in various Organizations, taking into account their financial capabilities, the situation on regional labor markets, the degree of development of industrial relations in the system of social partnership at the local level; ensuring the interests of the parties to social partnership in the Organizations in the formation of prices (tariffs) for the products, works and services of the Industry Organizations;

Assistance in increasing the efficiency of the Organizations' activities on the basis of the implementation of the current legislation and regulatory and technical requirements, the introduction of effective management systems.

1.6. This Agreement is concluded between employers and employees of the Organizations represented by their authorized representatives (parties):

All-Russian industrial association of employers in the sphere of life support "LLCR ZhKK", created in accordance with the provisions of the federal law dated November 27, 2002 No. 156-FZ "On associations of employers" (as amended by Federal laws dated July 2, 2013 No. 185-FZ, dated November 24, 2014 No. 358-FZ, dated November 28, 2015 No. 355-FZ), acting on the basis of the Charter of ZhKK LLC, OGRN No. 1167700069790 dated November 1, 2016 and registered by the Ministry of Justice of Russia (registration number 7714120011 dated November 9, 2016);

From workers - the All-Russian Trade Union of Life Support Workers (hereinafter - the Life Support Trade Union), acting on the basis of the Federal Law of 12.01.1996 No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity", the Charter of the Life Support Trade Union (registered on August 26, 2010 in the Ministry of Justice Russia (registration number 0012110145), certificate No. 278, state register No. 1037739338450 dated 31.01.2003).

1.7. Direct regulation of social and labor relations in the Organizations is carried out on the basis of collective agreements concluded in accordance with this Agreement by the parties to the social partnership of the Organizations. If a collective agreement is concluded in the Organization on the basis of this Agreement, the provisions of the Agreement apply to the parties to the Organization's social partnership in full. Collective agreements concluded in the Organizations, as well as regional OTCs, must comply with the legislation of the Russian Federation and this Agreement.

1.8. The agreement is binding upon the conclusion of collective agreements, regional sectoral agreements and individual labor contracts for the Organizations to which it applies. Collective agreements in the Organizations may not include conditions that worsen the position of employees in comparison with the conditions provided for in this Agreement. This Agreement does not limit the rights of Organizations to expand social guarantees for employees at their own expense.

In the absence of a collective agreement in the Organization, this Agreement has direct effect.

1.9. In accordance with the legislation of the Russian Federation, the expenses of employers provided for by this Agreement are taken into account by the federal executive bodies of the Russian Federation, executive bodies of the constituent entities of the Russian Federation, including bodies in the field of state regulation of tariffs for water supply, gas supply, electricity, heat energy, local authorities when setting regulated tariffs for housing and communal services, as well as for related services provided by organizations carrying out unregulated activities.

In the event that regulatory authorities establish tariffs for water supply, gas supply, electricity and heat energy, and other housing and communal services without taking into account the costs of employers provided for in this Agreement, employers have the right to adjust labor costs, taking into account current regional agreements, collective agreements and local regulatory acts of the Organizations. At the same time, the employer must ensure the level of the minimum wage of an employee who has fully completed the working time during this period and fulfilled the labor standards (labor duties), not lower than the minimum wage established by the regional agreement on the minimum wage.

1.10. Organizations in accordance with this Agreement, in order to improve the qualifications and protect the rights of workers, the Branches organize the assessment and assignment of professional qualifications of employees in the manner established by the Council for Professional Qualifications in Housing and Communal Services, in accordance with the norms of the labor legislation of the Russian Federation, as well as the requirements of the Federal Law "On the independent assessment of qualifications" No. 283-FZ of July 3, 2016 and the Resolution of the Government of the Russian Federation of June 27, 2016 No. 584 "On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of shares (stakes) in the authorized capital of which are in the state property or municipal property ".

1.11. Laws and other normative legal acts adopted during the period of the Agreement, which improve the social and economic situation of employees, supplement the validity of the relevant provisions of the Agreement from the moment of their entry.

1.12. In cases where employees are subject to several Agreements at the same time, the terms of the Agreements that are most favorable for employees apply.

1.13. This Agreement shall enter into force on January 1, 2017 and is valid through December 31, 2019 inclusive.

2. Remuneration

2.1. The system of remuneration and incentives for labor, additional payments and allowances of a compensatory nature (for work at night, weekends and non-working holidays, overtime work and in other cases) are established directly in the Organizations in accordance with agreements, collective agreements, local regulations.

2.2. Employers provide:

a) remuneration of employees in accordance with professional qualifications, the complexity of the work performed (professional standards), the amount and quality of labor expended, in accordance with this Agreement;

b) the tariffication of work and the assignment of professional qualifications to workers, specialists and employees according to the current Unified Tariff and Qualification Reference Book of Work and Occupations of Workers, the Tariff and Qualification Reference Book of the Work and Professions of Workers in the Housing and Communal Services, the Qualification Reference Book of the Positions of Managers, Specialists and Employees and / or professional standards, taking into account the qualification level of employees (The list of professional standards approved in accordance with the current legislation is given in this Agreement).

c) the adoption of local regulations concerning wages and working conditions, taking into account the opinion of the elected trade union body of employees of the Organizations, as well as the timely delivery of information to employees about the applicable terms of remuneration;

d) timely conclusion of collective agreements, improvement of rationing and working conditions.

2.3. The minimum monthly wage rate for workers of the first category who have fully worked the norm of working hours and fulfilled their labor duties (labor standards) is established in accordance with this Agreement and cannot be less than the minimum wage established by the current legislation.

2.3.1. In the event of a discrepancy between the date of setting the minimum monthly wage rate for first-class workers provided for in this Agreement and the date of change in the actual level of tariffs for gas, electricity, heat, water supply and sanitation, in accordance with the decision of the Government of the Russian Federation, the employer has the right to synchronize the date of setting the minimum monthly the tariff rate of the worker of the first category with the date of the change in the actual level of tariffs.

2.3.2. Depending on the financial and economic condition of the Organization, the employer has the right to establish in the Organization a minimum monthly wage rate in an amount exceeding the amount provided for in this paragraph.

2.3.3. The size of the minimum monthly wage rate is the basis for the annual (quarterly) indexation of the wage fund and differentiation of wages for all professional and qualifying groups of workers, taking into account the existing industry proportions in wage levels.

If the employer does not have funds to raise wages, the indexation of the fund for wages is carried out from July 1, 2019, simultaneously with an increase in tariffs for services provided, based on the size of the minimum monthly wage rate for a first-class worker, established according to the consumer price index for goods and services for the past quarter.

2.3.4. In order to improve the qualifications and protect the rights of workers in the industry, the employer has the right to organize the assessment and assignment of professional qualifications of employees, as well as the determination of the appropriate tariffication in the manner established by the Council for Professional Qualifications in the Housing and Communal Services, in accordance with the labor legislation of the Russian Federation. At the request of the employer or the primary trade union organization, any of the parties to the Agreement has the right to send recommendations agreed by the parties on tariff scales and tariff coefficients. The recommended wage scale for the tariffication of the labor activity of employees and the creation of a remuneration system in the organization for 2017-2019 is given in.

2.4. The minimum monthly wage rate for a first-class worker is specified by the parties at the end of the year and is set in accordance with the consumer price index in the Russian Federation based on data from the Federal State Statistics Service.

If the regional agreements or collective agreements of the Organizations provide for the indexing of the minimum monthly wage rate of the first-class worker on a quarterly basis, then its size can be set in accordance with the recommendations of the LLCR ZhKK and the Life Support Trade Union, adopted on the basis of consumer price indices for goods and services for the past quarter, determined by the Federal State Statistics Service.

If the size of the indexation of the minimum monthly wage rate for workers of the first category is established in the tariffs for gas, electricity, heat, water supply and sanitation, in accordance with the decision of the Government of the Russian Federation, in a different amount from the consumer price index in the Russian Federation, the employer has the right to challenge the level indexation at the level laid down in the tariffs. If the Organization's own funds are not enough to fulfill such requirements, the elected trade union body and the employer by protocol approve the agreed time frame for the implementation of this provision of the OTS.

2.5. Organizations independently establish a bonus system for employees, which takes into account, as a rule, in the aggregate:

a) production efficiency and improving the results of financial and economic activities;

b) the absence of accidents and an increase in incidents in the reporting year compared to the previous calendar year;

c) no increase in injuries in the reporting year compared to the previous calendar year;

d) absence of fatal accidents at work;

e) timely receipt of the Organization's readiness passport for the autumn-winter period;

f) absence of violations of production discipline, labor protection rules and safety measures;

g) participation in social work and management of the Organization (Art. 52, Art. 53, Art. 46, Art. 41, Art. 165 of the Labor Code of the Russian Federation).

h) availability of a qualification level, confirmed by the Certificate of Professional Qualification;

i) participation in competitions of professional skills.

At the same time, the average monthly salary and remuneration of managers should not exceed eight times the corresponding average monthly salary and charges to the employees of the Organization.

2.6. Payment for downtime through no fault of the employee is made in the amount stipulated by the legislation of the Russian Federation.

In the presence of financial capabilities, the Organization may provide for payment of downtime through no fault of the employee in the amount of his average monthly salary.

2.7. Expenses of employers for remuneration of employees and other expenses due to labor relations, for inclusion in tariffs, are formed taking into account:

a) expenses (funds) for labor remuneration;

b) other costs associated with the production and sale of products and services;

c) costs associated with the execution of the terms of this Agreement;

d) expenses stipulated by other documents regulating relations between employers and employees.

2.8. Expenses (funds) allocated for labor remuneration are calculated based on the standard number of employees, taking into account the standard number for newly commissioned facilities, and include:

2.8.1. The tariff component of expenses (funds) allocated for labor remuneration, which is calculated based on the sum of monthly tariff rates (official salaries).

2.8.2. Payments of a compensatory and incentive nature (compensation, bonuses for employees, additional payments, allowances and other payments) included in the funds for remuneration of employees are established by collective agreements, local regulations of the Organization and include:

2.8.2.1 additional payments (allowances) to tariff rates and official salaries of a stimulating and (or) compensatory nature related to the mode of work and working conditions - in the amount of at least 12.5 percent of the tariff component of expenses (funds) allocated for labor remuneration. This category includes the following additional payments (allowances), payments and payments:

a) for work at night - in the amount of 40 percent of the hourly wage rate (official salary) for each hour of work;

b) for work with harmful and (or) dangerous working conditions - according to the results of a special assessment of working conditions, but not less than 4% of the employee's rate (salary);

c) for work with a 40-hour working week for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of 3 or 4 degrees or hazardous working conditions in the amount, procedure and on conditions established by the collective agreement of the Organization; compensation for additional paid leave in excess of 7 calendar days is made in amounts not lower than for the days of unused vacation;

d) for the traveling nature of work;

e) for combining professions (positions), expanding service areas or increasing the volume of work performed (for high intensity and work intensity), fulfilling the duties of a temporarily absent employee without releasing from his main job are established by agreement of the parties to the employment contract, but not less than 20 percent of the tariff rates (salary) for the main job;

f) for work on weekends and non-working holidays - not less than double;

g) for overtime work - not less than double the amount or the provision of additional rest time, but not less than the time worked overtime;

h) for the leadership of the brigade to the foremen from among the workers, to the workers who are not released from the main job - in the amount, depending on the number of people in the brigade, at least 10% of the wage rate (or a fixed amount);

i) additional payment for work according to the schedule with division of the shift into parts - in the amount of at least 30 percent of the tariff rate for the time worked during the shift;

j) in the case of summarized accounting of working time, remuneration for work on a weekend and a non-working holiday in excess of the work schedule of a particular employee - in double the amount or at the request of the employee, another day of rest is provided;

k) payment of time for acceptance of the shift by employees of the Organizations working on equipment operated in a non-stop mode;

The specific length of time and the procedure for its payment are established directly in the Organizations;

l) other payments related to the working hours and working conditions provided for by local regulations, collective agreements, labor contracts, which the employer has the right to refer to labor costs on the basis of the legislation of the Russian Federation;

2.8.2.2. Compensatory payments for work outside the place of permanent residence or in areas with special climatic conditions, carried out in accordance with the legislation of the Russian Federation:

a) allowances for the rotational work method (in the Organizations where it is applied);

b) payments related to the provision of guarantees and compensations to workers engaged in labor activities in the Far North and equivalent areas, including:

Payments according to regional coefficients and coefficients for work in severe natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;

Percentage allowances for all wages for continuous work experience in the Far North and other regions with severe natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;

Expenses for travel expenses of employees and persons who are supported by these employees to the place of vacation use on the territory of the Russian Federation and back (including expenses for payment of baggage transportation for employees of organizations located in the Far North and equivalent areas) in accordance with the procedure approved by the Organization;

Other compensation payments related to work in special climatic conditions and provided for by the legislation of the Russian Federation.

2.8.2.3 additional payments (allowances) of an incentive nature, the amount and procedure for establishing which is determined directly in the Organization, including:

a) personal allowances for workers for professional skill, advanced training and high achievements in work;

b) personal allowances for managers, specialists and employees (technical performers) for a high level of qualification that meets the requirements of professional standards;

c) personal leave allowances for employees for high achievements in social work;

d) other incentive payments provided for by collective agreements, local regulations, labor contracts, which the employer has the right to refer to labor costs on the basis of the legislation of the Russian Federation;

2.8.2.4 bonuses for the main results of production and economic (financial and economic) activities - in the amount established by the collective agreement, local normative act within 50% of the tariff component of expenses (funds) allocated for labor remuneration. If financially possible, the employer can increase the amount of the bonus.

The bonus is accrued on the tariff rate (official salary), taking into account surcharges and allowances in accordance with the current legislation, including in accordance with the Decree of the Government of the Russian Federation of February 21, 1990 No. 66 / 3-138 "On improving the organization of wages and the introduction of new tariff rates and official salaries workers at the expense of own funds of enterprises and organizations of housing and communal services and consumer services of the population ".

2.8.2.5 according to the results of work for the year according to the results of activities in the reporting period, in accordance with the collective agreement, within 33% of the tariff component of expenses allocated to labor remuneration (3.96 official salary for a full year);

2.8.2.6 monthly remuneration for length of service, in accordance with the collective agreement, within 15% of the tariff component of expenses allocated to labor remuneration;

2.8.2.7 other types of bonuses for employees, including according to the indicators provided for in this Agreement;

2.9. Additional payments for the class of drivers working in the Gas Industry Organizations, as well as in other housing and communal services organizations, are made in the following order: first-class drivers - not less than 25%, second-class drivers - not less than 10%.

2.10. Remuneration for the work of managers, specialists and employees is made on the basis of official salaries established in accordance with the position and qualifications of the employee.

The remuneration of the heads of the Organizations is made in accordance with the current labor legislation and other regulatory legal acts containing labor law norms.

The change (increase) in the official salary of the head is made simultaneously with the increase in the tariff rates of the Organization. Bonuses to the heads of Organizations that do not have a profit can be made at the expense of funds for labor remuneration attributed to the cost of work (services).

The specific procedure and amount of bonuses are determined by the local regulations of the Organization.

2.11. Wages are paid every half month on the day established by the internal labor regulations of the Organization, the collective agreement, the labor contract.

2.12. Delays in the payment of wages are not allowed and are a violation of the law, this Agreement and entail the responsibility of the employer in accordance with the legislation of the Russian Federation.

In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. The time of suspension of work in case of delay in the payment of wages for a period of more than 15 days is paid in the amount of the average earnings.

It is not allowed to suspend work by employees whose job responsibilities include the performance of work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, removal of solid waste), as well as servicing equipment, the shutdown of which poses an immediate threat to the life and health of people.

2.13. The introduction and revision of labor functions, norms and standards, the introduction of new or changes in the conditions of remuneration are made by the employer in agreement with the elected body of the primary trade union organization within the time frames provided for by collective agreements.

Employees must be notified of the changes at least two months in advance.

3. Working hours and rest times

3.1. The working hours and rest hours are established by the internal labor regulations of the Organization.

The normal working hours of employees cannot exceed 40 hours per week.

For workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of 3 or 4 degrees or hazardous working conditions, a reduced working time is established - no more than 36 hours per week.

On the basis of the collective agreement of the Organization, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the working time specified in this clause may be increased, but not more than up to 40 hours per week with payment to the employee of separately established monetary compensation in the manner, in the amount and on the conditions established by the collective agreement of the Organization.

With a five-day working week, employees are given two days off, with a six-day working week - one day off per week.

3.2. For workers engaged in work with harmful and (or) dangerous working conditions, where a reduced duration of working time is established, the maximum permissible duration of daily work (shift) cannot exceed:

With a 36-hour work week - 8 hours;

With a 30-hour work week or less - 6 hours.

The collective agreement of the Organization, as well as in the presence of the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the maximum permissible duration of daily work (shift) for these employees may be increased, subject to the observance of the maximum weekly duration of working hours established in accordance with parts one - the third article 92 of the Labor Code of the Russian Federation:

With a 36-hour work week - up to 12 hours;

With a 30-hour work week or less - up to 8 hours.

The size, procedure and conditions of compensation cannot be worsened or reduced in comparison with the procedure, conditions and amount of compensation measures actually implemented in relation to these workers as of the day of changes made based on the results of the SAUT (Article 15 of the Federal Law "On special assessment of working conditions".

3.3. In Organizations, the suspension of whose work is impossible due to production and technical conditions or due to the need for constant continuous service to consumers of housing and communal services, days off are provided on different days of the week to each group of employees in turn according to the shift schedules approved by the employer, taking into account the opinion of the elected body of the trade union organization.

3.4. When, according to the conditions of production (work) for an individual entrepreneur, in the organization as a whole or when performing certain types of work, the daily or weekly established for this category of workers (including workers employed in work with harmful and (or) dangerous working conditions) cannot be observed. working hours, it is allowed to introduce a summarized accounting of working hours so that the working time for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The accounting period cannot exceed one year, and for accounting of the working time of workers employed in work with harmful and (or) dangerous working conditions - three months.

In the event that for reasons of a seasonal and (or) technological nature for certain categories of workers employed in work with harmful and (or) hazardous working conditions, the established working hours cannot be observed during the accounting period of three months, the collective agreement may an increase in the accounting period for taking into account the working hours of such employees is envisaged, but not more than up to one year.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of employees. For employees working part-time (shift) and / or part-time working week, the normal number of working hours for the accounting period is reduced accordingly.

The procedure for introducing the summarized accounting of working hours is established by the internal labor regulations.

3.5. In addition to the annual additional paid vacations provided for by the legislation of the Russian Federation, if financially possible, employees are provided with additional paid vacations on the following grounds:

a) the birth of a child;

b) own wedding, wedding of children;

c) death of a spouse, family members (children, parents, siblings).

A mother (father) or another person (guardian, trustee) raising a child who is a primary school student (grades 1-4) is provided with an additional one-day paid leave on Knowledge Day (September 1).

The procedure and conditions for the provision of vacations provided for by this paragraph are established directly in the Organizations.

3.6. Annual additional paid leaves are granted to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.

The minimum duration of additional annual paid leave for the above employees is 7 calendar days. Compensation for additional paid leave in excess of 7 calendar days is made in amounts not lower than for the days of unused vacation.

The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of the collective agreement of the Organization, taking into account the results of a special assessment of working conditions.

On the basis of the collective agreement of the Organization, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, a part of the annual additional paid leave exceeding 7 calendar days may be replaced by monetary compensation in the manner, in the amount and on the conditions established by the collective agreement Organizations.

The procedure for granting additional paid vacations provided for by this paragraph is established directly in the Organizations.

3.7. Annual additional paid leave is granted to employees with irregular working hours. The duration of vacations is determined by the collective agreement or local normative act and is adopted taking into account the collective agreement and the opinion of the elected body of the primary trade union organization.

3.8. The duration of seasonal work in the life support systems of the population is determined by the period of provision of the corresponding services. The peculiarity of such seasonal work is provided for by regional sectoral tariff agreements and collective agreements of the Organizations.

This Agreement establishes the List of seasonal works, the performance of which is possible during the period (season), which includes:

a) production, transmission and sale of heat energy (heating period);

b) ensuring the safety of property and equipment for the production, transmission and sale of heat energy (non-heating period).

The heating period is approved by the executive authorities of the constituent entities of the Russian Federation. Non-heating period - the period of work outside the heating period.

3.9. The Organizations celebrate professional days and holidays established by the legislation of the Russian Federation.

4. Labor protection

4.1. Employers provide in the field of labor protection:

4.1.1. Compliance with rules and regulations, implementation of measures in the field of labor protection in accordance with the legislation of the Russian Federation, including the implementation of the "Rules for labor protection in housing and communal services", approved by order of the Ministry of Labor of Russia dated 07.07.2015 No. 439n, registered by the Ministry of Justice of Russia on 11.08. 2015, No. 38474.

4.1.2. Compliance of the regulatory and technical documentation of the Organization for labor protection with regulatory legal acts containing labor protection requirements containing requirements for the functioning of labor protection management systems (hereinafter - OSHMS). In order to minimize criminal, administrative and civil liability, the introduction and certification of an OSHMS in the implementation of the mandatory requirements of the legislation, safety measures and safety of life and health of citizens.

4.1.3. Timely carrying out of a special assessment of working conditions with measurements of parameters of harmful and dangerous factors, development of measures and taking measures to reduce parameters to standard values.

4.1.4. Informing employees about working conditions at workplaces and compensation for work with harmful working conditions.

4.1.5. Training of employees in safe methods and techniques for performing work, timely briefings and testing of knowledge of the requirements of labor protection norms and rules.

4.1.6. Issuance of certified overalls, footwear and other personal protective equipment to employees in accordance with established standards. A specific list of overalls, special footwear, including warm footwear, and other personal protective equipment, mandatory for issuance, as well as the norms for their issuance, are established in the collective agreement. Work without appropriate work clothing, footwear and other personal protective equipment is prohibited.

4.1.7. Issuance of milk or other equivalent food products to workers in accordance with the order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n "On approval of the norms and conditions for the free distribution of milk or other equivalent food products to workers employed in hazardous working conditions, the Procedure for the implementation of compensation payments in the amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes ”.

4.1.8. Conducting mandatory preliminary and periodic medical examinations of employees in accordance with the requirements of the law.

4.1.9. Analysis of the causes of accidents and occupational diseases, development and implementation of preventive measures to prevent them.

4.1.10. Investigation and registration of accidents at work in accordance with the current legislation and timely delivery of information about accidents to the territorial organizations of the Trade Union of Life Support.

4.1.11. Implementation of compulsory social insurance of employees against industrial accidents and occupational diseases.

4.1.12. Inadmissibility of employees of established categories to perform their labor duties without undergoing mandatory medical examinations, as well as in the case of medical contraindications.

4.1.13. Taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including providing first aid to victims.

4.1.14. Consideration of submissions and implementation of orders of officials of state supervision and control over compliance with labor protection requirements within the time limits established by law, as well as technical labor inspectors of the Life Support Trade Union.

4.1.15. Consideration of the representations of the labor protection commissioner of primary trade union organizations in accordance with collective agreements or local regulations.

4.1.16. Training of authorized persons performing labor protection functions and being on the staff of the Organization, at least once every three years, providing them with normative and technical literature, rules and instructions on labor protection.

4.1.17. Retention of the place of work, position and average earnings for employees during the suspension of work due to violation of labor protection legislation and regulatory requirements for safety measures through no fault of theirs.

4.1.18. Conducting contests for the title of "Best Occupational Safety Commissioner" in cooperation with primary trade union organizations.

4.2. Primary trade union organizations in the field of labor protection:

4.2.1. Organize control over the observance of the legal rights and interests of employees in the field of labor protection through the relevant commissions and labor protection commissioners.

4.2.2. Provide annual control over the development and implementation of agreements on labor protection and the operation of the OSHMS.

4.2.3. Provide advice to employees on working conditions and safety, on the provision of benefits and compensations for harmful working conditions, as well as in case of injury as a result of accidents at work.

4.2.4. Contribute to the implementation of measures aimed at improving labor protection conditions and reducing industrial injuries.

4.3. Employers ensure the efficiency of the OSMS functioning, providing employees with the following benefits, guarantees and compensations in the manner and on conditions determined directly in the Organizations:

4.3.1. Payment of a lump sum in the following cases:

a) the death of an employee at work due to the fault of the employer and the absence of the employee's fault for each of his dependents (children under the age of 18, spouse in the absence of independent income, and disabled people who are dependent on the employee) in the amount of the deceased's annual earnings, but not less 500 thousand rubles for all dependents in the aggregate (the allowance is distributed in equal parts for each dependent);

b) the establishment of disability as a result of injury due to the fault of the employer and the absence of the fault of the employee or an occupational disease in the amount of:

Disabled people of the 1st group - at least 75 percent of their annual earnings;

Disabled persons of the 2nd group - at least 50 percent of the annual earnings;

Disabled persons of the 3rd group shall have at least 30 percent of their annual earnings.

4.3.2. Supplement to the disability retirement pension for an unemployed disabled person who has received disability as a result of injury through the fault of the employer and the absence of the employee's fault, to children under the age of 18 of an employee who died at work.

4.4. The employer, in accordance with the established procedure, incurs expenses for ensuring normal, safe working conditions, the implementation of labor protection and safety measures provided for by the legislation of the Russian Federation, including:

4.4.1. Expenses associated with the purchase and free distribution of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents (according to the norms not lower than those stipulated by the legislation of the Russian Federation).

4.4.2. Expenses associated with the purchase and free distribution of milk and other equivalent food products (according to the norms not lower than those stipulated by the legislation of the Russian Federation).

4.4.3. Expenses associated with carrying out activities for a special assessment of working conditions.

4.4.4. Expenses in the amount of at least 0.2 percent of the amount of production costs (works, services) associated with the implementation of measures aimed at improving labor conditions and safety.

4.4.5. Expenses associated with the mandatory medical examinations (examinations) of employees.

4.4.6. Expenses for sanitary, household and medical and preventive services for employees in accordance with labor protection requirements.

4.4.7. Other costs associated with ensuring safe working conditions for employees.

5. Employment

5.1. Employers, with the participation of primary trade union organizations, pursue an employment policy based on increasing labor mobility within the Organization (including combining professions and positions, internal combination), the effectiveness of professional activities and constant growth of the professional and qualification level of each employee in accordance with professional standards, development and retention of human resources in economically viable jobs and promoting the employment of redundant workers. At the same time, it is possible to attract migrants to work in accordance with the current legislation of the Russian Federation for work, which the citizens of the Russian Federation do not agree to.

Employers do not allow unjustified job cuts.

5.2. Employers provide:

5.2.1. Preservation of the average monthly earnings for the employee for the entire period of training when sending him to vocational training, retraining and advanced training with a break from production, including compliance with the requirements of professional standards.

5.2.2. Provision of work in the specialty to graduates of educational institutions of primary, secondary, higher vocational education in accordance with the concluded contracts for training and the obtained assessments of professional qualifications in accordance with the requirements of the federal law of 03.07.2016 No. 238-FZ "On the independent assessment of qualifications" (hereinafter - ФЗ № 238).

5.2.3. Using the following opportunities to minimize the reduction in the number or staff of workers in the compensation set out in collective agreements:

a) natural outflow of personnel (own desire, retirement, etc.);

b) retraining of personnel, their movement within the Organization.

5.2.4. Providing employees who are dismissed from branches, representative offices and other separate structural divisions of the Organization in connection with a reduction in staff or the number of employees, information about vacancies in other branches, representative offices, and other separate divisions of this Organization.

5.2.5. Providing redundant employees with the opportunity to retrain new professions before the termination of the employment contract with the preservation of the average salary for the entire period of training.

5.2.6. Providing employees who have been warned of dismissal in connection with the decision to liquidate the Organization, reduction of the number or staff, information on sending, in accordance with the legislation, to the employment service a written message on the implementation of appropriate measures to assist in their employment, as well as paid time to find a job in the manner established directly in the Organizations.

5.2.7. Providing opportunities for retraining, employment and the establishment of preferential conditions and working hours for employees who have lost their ability to work due to injury or occupational disease, in accordance with medical recommendations.

5.2.8. The preservation for employees who worked before conscription (admission) to military service in a given organization within three months after dismissal from military service, the right to work in the same organization, and for those who did military service on conscription (including for officers called up for military service in accordance with the decree of the President of the Russian Federation) - also the right to a position not lower than that held before conscription (clause 5 of article 23 of the Federal Law of May 27, 1998 No. 76-FZ "On the status of military personnel") if the Organization has the financial ability.

5.3. Primary trade union organizations undertake:

5.3.1. Conduct mutual consultations with the employer on employment issues.

5.3.2. To assist in carrying out explanatory work on the implementation of measures carried out during the reform of the housing and communal services, on the social and labor adaptation of employees of the Organizations and the provision of psychological support to them.

5.4. The criterion for mass layoffs of employees with a reduction in the number or staff of employees of the Organization is the dismissal of more than 10% of the employees of the Organization at a time.

5.5. When reorganizing the Organizations, the procedure for the continuation of labor relations is applied, provided for in Part 5 of Art. 75 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). When the Organizations are reorganized or the owner of the Organization's property is changed, labor relations continue with the consent of the employee; termination in these cases of the employment contract on the initiative of the employer is possible only in accordance with the current legislation.

5.6. Employers undertake:

a) notify the elected bodies of primary trade union organizations about the upcoming reorganization and provide them with information about the decision on reorganization adopted by the authorized management body of the Organization, within 20 days from the date of the relevant decision, but not less than 2 months before the start of the reorganization;

b) submit to the elected bodies of primary trade union organizations in writing information on the reduction of the number or staff of the Organization's employees no later than 2 months before the start of the relevant events, and in the case of a massive layoff - no later than 3 months before the start of the relevant events in accordance with Art. 180 of the Labor Code of the Russian Federation;

c) in the event of a reduction in the number or staff of employees, the priority right to remain at work is granted to employees with higher labor productivity and qualifications.

With equal labor productivity and qualifications, preference (preferential right) in leaving work is given to:

Family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is a permanent and main source of livelihood for them);

Persons in whose family there are no other Employees with independent earnings;

Employees who received a work injury or an occupational disease while working for this employer;

Invalids of the Great Patriotic War and invalids of military operations to defend the Fatherland;

Employees who improve their qualifications in the direction of the employer on the job;

Employees of pre-retirement age two years before the statutory retirement date.

d) termination of the employment contract at the initiative of the employer on the grounds provided for in paragraphs. 2, 3, 5 Art. 81 of the Labor Code of the Russian Federation, with an employee - a member of the trade union, take into account the motivated opinion of the elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation, clause 4 of Article 12 of the Federal Law of 12.01.1996 No. 10-FZ "On trade unions, their rights and guarantees of activity ").

Dismissal of the chairman of the primary trade union organization, his deputies is carried out in agreement with the elected body of the primary trade union organization (Article 374 of the Labor Code of the Russian Federation).

5.8. Primary trade union organizations undertake:

a) explain to employees the specifics of the procedure for continuing labor relations in the framework of reforming the housing and communal services;

b) facilitate the adoption by employees of decisions on the continuation of labor relations and their adaptation to work in the reorganized Organizations;

c) facilitate the adoption by the released employees of the Organizations of decisions on the possibility of retraining in new professions before the termination of the employment contract.

5.9. In the event of termination of an employment contract with an employee subject to dismissal due to a reduction in the number or staff, with the liquidation of the Organization, the employer pays him all types of remuneration due to employees of the Organization and which are of a quarterly, semi-annual, annual and other nature in proportion to the hours worked, and also makes compensation payments, monetary remuneration in the manner and on the conditions enshrined in compensation agreements or collective agreements in force directly in the Organizations:

a) dismissed employees - at least 3 times the average monthly earnings;

b) employees of pre-retirement age, but no more than two years before the onset of the retirement period established by law, - payment of a monthly allowance in the amount of two times the minimum wage rate in the Russian Federation, but not lower than the subsistence minimum in the region until the onset of retirement age or the moment of employment ;

c) employees of retirement age - in the amount of at least 3 times the average monthly earnings, and those dismissed from Organizations located in the regions of the Far North and equivalent areas - at least 9 times the average monthly earnings;

d) dismissed employees with two or more children under the age of 18 - in the amount of at least 5 times the average monthly earnings;

e) to dismissed employees, in whose family there are no other breadwinners - in the amount of at least 5 times the average monthly salary;

f) employees dismissed from Organizations located in the regions of the Far North and equivalent areas - in the amount of at least 8 times the average monthly earnings.

In the event that an employee has the right to receive several payments provided for in this paragraph, only one payment shall be made at the employee's choice.

The indicated payments include payments established by applicable law.

5.10. At the request of the employee, payments can be replaced with payment for his retraining, if the educational institution is located in the territory of the constituent entity of the Russian Federation where the employee lives, but not in excess of the costs determined by the specified payments.

5.11. Protection of employees in case of insolvency (bankruptcy), reorganization and liquidation of an enterprise:

5.11.1. The parties will do their utmost to promote the financial recovery of organizations, preserve existing and create new jobs, inform enterprises about the labor market in industries, including the prospective need for personnel, organize vocational training, training and retraining of personnel, and provide professional advice to laid-off workers.

5.11.2. In case of a sharp deterioration in the economic situation of the organization, the head of the organization notifies the trade union committee of this, provides, at the request of the trade union, information about the financial condition of the organization and takes effective measures to improve the situation. The stabilization of the economic position of the organization cannot be carried out by reducing the wages of employees.

5.11.3. Trade union committees of organizations have the right to exercise public control over the conduct of bankruptcy procedures.

5.11.4. The collective agreement remains in effect in the event of a change in the name of the organization, termination of the employment contract with the head of the organization, reorganization of the organization in the form of transformation. In case of reorganization (merger, accession, division, separation) of an organization, the collective agreement remains in effect during the entire period of reorganization. When the form of ownership of the organization changes, the collective agreement remains in effect for three months from the date of transfer of ownership. When an organization is liquidated, the collective agreement remains in effect during the entire period of liquidation.

5.11.5. Changing the owner of the organization's property, changing the tenant of the property, concluding a concession agreement are not grounds for terminating employment contracts with employees of the organization, with the exception of the head of the organization and the chief accountant.

When the owner of the organization's property changes, it is not allowed to reduce the number or staff of employees until the state registration of the transfer of ownership.

When the jurisdiction (subordination) of the organization changes, as well as when it is reorganized (merger, accession, division, separation, transformation), labor relations continue with the consent of the employee.

5.11.6. When selling state or municipal property, leasing property or concluding a concession agreement through a tender, the parties take measures to include the following provisions in the terms of the tender:

Preservation of jobs and conditions of remuneration of employees;

Retraining and (or) advanced training of employees;

Saving the profile of the enterprise.

6. Social protection

6.1. Payments of a social nature, based on the financial capabilities of organizations, can be made at the expense of the main and other activities, in the manner and on the conditions established directly in the Organizations:

6.1.1. Partial (but not less than the subsistence level of the able-bodied population) or full compensation for expenses confirmed by the relevant documents:

a) associated with the burial of deceased workers;

b) associated with the burial of close relatives of employees (spouse (s), children, parents);

c) associated with the burial of veterans of the Organization (the procedure for assigning persons to the category of veterans is determined directly in the Organizations).

6.1.2. Voluntary health insurance and long-term life insurance for employees.

6.1.3. Non-state pension provision and voluntary pension insurance of employees in accordance with the non-state pension program adopted by the Organization.

6.1.4. Payment of material assistance:

a) when the employee leaves for the main annual paid leave in the amount established by the collective agreement. Payment on this basis is made no more than once per one working year;

b) upon dismissal of an employee from the Organization of his own free will after the establishment of an old-age retirement pension (taking into account the length of service and the period of dismissal after the onset of retirement age);

c) at the birth of a child - not less than the minimum monthly wage rate of a first-class worker;

d) when registering a marriage (if the marriage is being registered for the first time) - not less than the minimum monthly wage rate for a first-class worker;

e) upon dismissal of an employee in connection with conscription for military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as for the initial establishment of an economy for citizens dismissed after completing military service on conscription and accepted to their previous place of work.

6.1.5. Partial or full reimbursement of confirmed employee expenses:

6.1.6. A lump sum payment in excess of the norms established by the legislation of the Russian Federation, in the event of an employee's death from a general illness or an accident in the home, to the family of the deceased who submitted a death certificate, in the amount of at least 15,000 rubles.

6.1.7. Payment of a one-time remuneration to employees who have received industry awards and honorary titles.

6.1.8. An increase in the monthly compensation to employees who are on paid parental leave until they reach 1.5 years old, and from 1.5 to 3 years to establish and pay increased compensation.

6.1.9. Participation in improving the housing conditions of employees on the terms of mortgage lending.

6.1.10. Partial compensation for the rise in the cost of meals in working canteens, as well as the cost of travel to the place of work.

6.1.11. Fifty percent discount for industry workers on the established payment for housing and communal services in the manner and on terms determined directly in the Organizations.

6.1.12. Provision of paid leave based on the tariff rate (official salary) for the period stipulated in the collective agreement: on the Day of Knowledge, at the birth of a child, own wedding or wedding of children, as well as in the cases provided for in this Agreement.

6.1.13. Provision of vehicles at the expense of the Organization for organizing recreation of employees, as well as for cultural events. The procedure and conditions for the provision of these payments are established directly in the Organizations.

6.1.14. Provision of separate compensations and guarantees to workers - members of the trade union for certain activities, within the framework of agreements provided for in paragraph 10 of Article 45 of the Labor Code of the Russian Federation.

6.2. The employer undertakes:

6.2.1. Provide state social insurance for all employees in accordance with applicable law.

6.2.2. Timely transfer insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund.

6.2.3. Freely provide information to employees on the calculation of insurance contributions to the Pension Fund of the Russian Federation, (Article 15 of the Federal Law of December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation"), as well as other social funds.

6.2.4. Carry out expenses for training, retraining and advanced training of employees, including mandatory training and retraining of production and technical personnel, based on the requirements of professional standards and assessment of professional qualifications.

6.2.5. Carry out expenses for the payment of benefits for temporary disability due to illness (with the exception of occupational diseases) in accordance with applicable law.

6.2.6. Carry out other expenses related to the production and (or) sale of products and services stipulated by the legislation of the Russian Federation.

6.3. The employer pays for the costs of improving relations in the field of social partnership in order to regulate social and labor relations, which include transfers of funds in the form of voluntary membership fees (including entrance fees), as well as other expenses provided for by this Agreement, other agreements in the field of social partnerships, including regional industry agreements, collective agreements and local regulations of the Organization, labor contracts concluded with employees and exceeding the level of obligations established by the legislation of the Russian Federation.

6.4. The labor of the head of the elected body of the primary trade union organization is paid at the expense of the employer (Article 377 of the Labor Code of the Russian Federation).

6.5. Employers provide social protection for the work of women and persons with family responsibilities in accordance with applicable law.

6.5.1. Women working in rural areas are provided, upon their written application, with one additional day off per month without pay (Article 262 of the Labor Code of the Russian Federation).

6.5.2. In accordance with the Resolution of the Supreme Soviet of the RSFSR dated 01.11.1990 No. 298 / 3-1 "On urgent measures to improve the status of women, families, protection of mothers and children in rural areas", a 36-hour working week is established in organizations located in rural areas. In this case, wages are paid in the same amount as with the full duration of weekly work (40 hours).

6.5.3. One of the working parents (guardian, trustee) for the care of disabled children, upon their written application, is provided with 4 additional paid days off per month. Payment for each additional day off is made in the amount of average earnings at the expense of the Social Insurance Fund of the Russian Federation (Article 262 of the Labor Code of the Russian Federation).

6.5.4. When passing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work (Article 254 of the Labor Code of the Russian Federation).

6.5.5. At the request of a pregnant woman, one of the parents (guardian, caregiver) with a child under the age of 14 (disabled child under 18), or a person caring for a sick family member in accordance with a medical certificate, they are assigned part-time work or part-time work week. Payment for labor in these cases is made in proportion to the time worked or depending on the amount of work performed (Article 93 of the Labor Code of the Russian Federation).

6.5.6. Provide working conditions and labor protection for women and youth (adolescents), for which:

a) conduct a first-priority special assessment of the working conditions of the workplaces of women and adolescents in terms of working conditions;

b) carry out measures for the mechanization of manual and heavy physical work to ensure the norms of maximum permissible loads for women and adolescents established by the Decree of the Council of Ministers - the Government of the Russian Federation dated 06.02.1993 No. 105;

c) restrict the use of women's labor in hard work and work with harmful and hazardous working conditions (Article 253 of the Labor Code of the Russian Federation);

d) exclude the use of labor by persons under 18 years of age in work with harmful and (or) hazardous working conditions, in underground work, as well as in work, the performance of which may harm their health (Article 265 of the Labor Code of the Russian Federation).

6.6. An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under 14 without a mother, by a collective agreement additional annual leaves without pay may be established at a convenient time for them, lasting up to fourteen calendar days. The said leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed (Article 263 of the Labor Code of the Russian Federation).

6.7. Provide separate compensation and guarantees to workers who are members of the trade union for certain activities, within the framework of the agreements provided for in paragraph 10 of Article 45 of the Labor Code of the Russian Federation.

6.8. Employers provide social protection for young people: they create the necessary legal, economic, living and organizational conditions and guarantees for the professional development of young workers, promoting their spiritual, cultural and physical development. Employers undertake:

6.8.1. To restore and improve the system of training, retraining and advanced training of young personnel, to provide for the allocation of funds for these purposes in collective agreements.

6.8.2. Approve the Regulation on mentoring in the Organizations, assign mentors to all young workers no later than 6 months from the beginning of their work and pay mentors a salary bonus of at least 10% of the salary.

6.8.3. Provide young workers who combine work with training in educational institutions of vocational education, and workers entering these institutions, guarantees and benefits in accordance with applicable law.

6.8.4. To pay minor workers with a shorter working day, wages in the same amount as workers of the corresponding categories with the full duration of daily work.

6.8.5. Promote the creation of youth organizations in the Organizations (councils of young specialists, youth commissions of trade union organizations, other forms of youth self-government).

6.8.6. Provides material assistance to young workers at the request of the primary trade union organization of the enterprise.

6.9. Organizations, based on their financial capabilities, provide for the provision of the following benefits, guarantees and compensations in the manner and on conditions established directly in the Organization:

6.9.1. Provision of long-term soft or interest-free loans to young families from the Fund of the Organization, loans for the construction and purchase of housing, durable goods for household use, for tuition on a paid basis in educational institutions.

6.9.2. Providing young parents raising two or more children (at their request), monthly one free day from work with payment from the profits of the Organization in the amount of the tariff rate (official salary) of the employee.

6.9.3. Providing young workers and their families with the necessary conditions for physical education and sports, amateur performances.

6.10. Primary trade union organizations undertake:

6.10.1. To contribute to the creation in the Organization of appropriate conditions for advanced training and general educational level of youth.

6.10.2. To promote the creation of youth organizations and a youth fund in the Organizations and to attract funds to it.

6.10.3. Apply for additional guarantees, material assistance, benefits and compensations for the employment of young people in comparison with the current legislation.

6.10.4. Provide full social protection of employees in accordance with collective agreements and OTS.

7. Social partnership, guarantees and principles of cooperation of the parties

7.1. OOOR ZhKK and Life Support Trade Union:

7.1.1. They turn to the Ministry of Construction of Russia with a request for assistance in solving the following issues:

7.1.1.1. On sustainable socio - economic development of housing and communal services in the constituent entities of the Russian Federation and municipalities;

7.1.1.2. Balanced observance of the economic interests of economic entities operating in the housing and communal services sector, workers in labor relations with these economic entities, and consumers of housing and communal services;

7.1.1.3. In organizing the creation of decent working conditions and remuneration for workers in the sphere of housing and communal services; promotes the development of social partnership in the industry and in municipalities, sets performance indicators for regions and municipalities according to the degree of their participation in social partnership.

7.1.1.4. Preservation and development of the human resources potential of housing and communal services workers, including through the introduction of a sectoral system of professional qualifications.

7.1.1.5. In control over the implementation of the Agreement in full through interaction with the FAS Russia, state bodies regulating price and tariff policy, the Ministry of Labor of Russia, Rostrud and other federal departments.

7.2.1. Exercise joint control over the implementation of this Agreement.

7.2.2. Provide each other with the information necessary to analyze the progress of the implementation of this Agreement, consider issues on amendments and additions to it, and develop subsequent agreements.

7.2.3. Consider issues not included in this Agreement, conduct mutual consultations.

7.2.4. Inform each other about the adoption of local regulations containing labor law norms.

7.2.5. Take measures to settle collective labor disputes.

7.2.6. They interact in the issues of presenting especially distinguished workers for awarding state awards and conferring honorary titles of the Russian Federation, awarding certificates of honor from federal executive authorities, the Central Committee of the Trade Union of Life Support.

7.2.7. Submit to the Government of the Russian Federation proposals on the solution of labor and socio-economic issues, taking into account the peculiarities of the work and life of workers in the relevant fields of activity.

7.2.8. Participate in the manner prescribed by law in the preparation of draft regulatory legal acts on issues affecting the social, labor and economic interests of workers in the life support system of the population.

7.2.9. Participate in the development and support the implementation of state programs and projects of socio-economic development and reform of housing and communal services, attracting investments in this area, strengthening its material and technical base, as well as in the implementation of social projects of the Russian Federation "State Treasury Income", "Narodny control ”,“ Personnel for the national economy ”,“ Quality Mark “Made in Russia”, “For a high social standard”, “Care”, “For a decent wage”.

7.2.10. In accordance with the requirements of the Federal Law "On the Independent Assessment of Qualifications" No. 283-FZ of July 3, 2016 and the Resolution of the Government of the Russian Federation of June 27, 2016 No. 584 "On the Application of Professional Standards in Part Requirements Mandatory for Application by State Extra-budgetary Funds Of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of the shares (stakes) in the authorized capital of which are state-owned or municipal-owned "The Parties to the Agreement participate:

In the creation and development of a sectoral system for assessing professional qualifications;

In the implementation of professional and public accreditation of educational programs of educational institutions for compliance with their industry professional standards;

In the formation of the optimal quality of the composition and number of labor resources necessary for the development of housing and communal services;

In measures to improve the quality and competitiveness of construction industry goods and housing and communal services for consumers, as well as to improve the material situation of workers in the housing and communal services;

In creating conditions for increasing the level and quality of social guarantees for workers in the housing and communal services, including by attracting socially responsible business and other non-state sources of funding.

7.2.11. They work out in the relevant authorities the issues of ensuring timely financing of housing and communal services and the adoption of economically justified tariffs in terms of labor costs, labor protection, social security, as well as other issues within the framework of this Agreement.

Document overview

The Sectoral Tariff Agreement for Housing and Utilities is presented.

The agreement is a legal act that regulates social and labor relations and establishes general principles for regulating related economic relations, general terms of remuneration, labor guarantees and benefits for employees, as well as defining the rights, obligations and responsibilities of the parties to the social partnership.

It is concluded between employers and employees represented by their authorized representatives (parties) in the form of the All-Russian industrial association of employers in the sphere of life support "OOOR ZhKK" and the All-Russian trade union of life support workers.

The agreement is binding upon the conclusion of collective agreements, regional sectoral agreements and individual labor contracts.

In the absence of a collective agreement, the agreement has direct effect.

"Sectoral tariff agreement in the housing and communal services of the Russian Federation for 2017 - 2019"

1. General Provisions

1.3. Housing and communal services - a type of economic activity aimed at ensuring the livelihoods of the population, creating comfortable living conditions for citizens in their homes and in landscaped areas; housing and communal services include activities, services, works named in the qualification characteristics of activities in the Order of the Ministry of Construction of Russia dated April 27, 2016 No. 286 / pr. "On approval of the collective classification groupings of the housing and communal services industry" (A complete list of Organizations by type of economic activity, services and works in housing and communal services is given in Appendix No. 4 and Appendix No. 5 to this GPA).

1.4. Housing and communal services organizations are legal entities carrying out types of economic activities, services, works listed in Appendix No. 4 and Appendix No. 5 to this Agreement. These Housing and Utilities Organizations are subject to the Agreement if they join the Agreement in the manner prescribed by the current legislation and this Agreement.

1.5. Goals and objectives of the Agreement:

assistance in reforming and modernizing the housing and communal services of the country, maintaining social stability in the organizations of the industry;
establishment and implementation of social and labor guarantees for employees of the Organizations; creation of conditions and mechanisms to facilitate the implementation in the Organizations of the norms of the labor legislation of the Russian Federation;
involvement of employees in the management of the Organization;
increasing the competitiveness of the Organization, professionalism and qualifications of employees, securing a qualified workforce;
development of social partnership, initiative and competition in the labor collectives of the Organizations;
ensuring the interests of the parties to social partnership in the industry in the formation of tariffs for housing and communal services, as well as ensuring the interests of organizations carrying out unregulated activities.

In accordance with the social projects of the Russian Federation "State Treasury Income", "People's Control", "Personnel for the National Economy", "Quality Mark" Made in Russia "," For a High Social Standard "," Care "," For a Decent Wage ", As well as the requirements of the Federal Law" On the Independent Assessment of Qualifications "No. 283 - FZ dated 03.07.2016. and the decree of the Government of the Russian Federation dated 06/27/2016. No. 584 "On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of shares (stakes) in the authorized capital of which is in state ownership or municipal ownership "The Parties to the Agreement are involved in solving the following tasks:

creation and development of a sectoral system for assessing professional qualifications;
implementation of professional and public accreditation of educational programs of educational institutions for compliance with their industry professional standards;
formation of the optimal quality of the composition and number of labor resources necessary for the development of housing and communal services;
creating conditions for increasing the level and quality of social guarantees for workers in the housing and communal services, including by attracting socially responsible business, other non-state sources of funding;
improving the efficiency of the industry's organizations, including increasing labor productivity at the proper level of its quality, the effectiveness of managerial decisions and implemented production, investment programs, which are the main factors in maintaining a decent level of wages and the possibility of their growth and guarantees of payment of compensation;
raising the prestige of the industry, attracting and retaining qualified workers in accordance with the requirements of professional standards;
the formation of reasonable, transparent and understandable mechanisms for differentiating the levels of regulation of social and labor relations in various organizations, taking into account their financial capabilities, the situation on regional labor markets, the degree of development of industrial relations in the system of social partnership at the local level; ensuring the interests of the parties to social partnership in the Organizations in the formation of prices (tariffs) for the products, works and services of the Industry Organizations;
assistance in increasing the efficiency of the Organizations' activities on the basis of the implementation of the current legislation and regulatory and technical requirements, the introduction of effective management systems.

1.6. This Agreement is concluded between employers and employees of the Organizations represented by their authorized representatives (parties):

All-Russian industrial association of employers in the sphere of life support "OOOR ZhKK", created in accordance with the provisions of the federal law of 27.11.2002 N 156-FZ "On associations of employers" ( as amended by Federal Laws of 02.07.2013 N 185-FZ, of 24.11.2014 N 358-FZ, of 28.11.2015 N 355-FZ), acting on the basis of the Charter of LLC ZHKK, OGRN No. 1167700069790 of 01.11.2016. and registered by the Ministry of Justice of Russia (registration No. 7714120011 dated 09.11.2016);
from employees - the All-Russian Trade Union of Life Support Workers (hereinafter - the Life Support Trade Union), acting on the basis of the Federal Law of 12.01.1996 N 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity", the Charter of the Life Support Trade Union (registered on August 26, 2010 at the Ministry of Justice Russia (registration number 0012110145), certificate N 278, state register N 1037739338450 from 31.01.2003).

1.7. Direct regulation of social and labor relations in the Organizations is carried out on the basis of collective agreements concluded in accordance with this Agreement by the parties to the social partnership of the Organizations. If a collective agreement is concluded in the Organization on the basis of this Agreement, the provisions of the Agreement apply to the parties to the social partnership of the Organization in full. Collective agreements concluded in the Organizations, as well as regional JTS must comply with the legislation of the Russian Federation and this Agreement.

In the absence of a collective agreement in the Organization, this Agreement has direct effect.

1.10. Organizations in accordance with this Agreement in order to improve the qualifications and protect the rights of workers The Branches organize the assessment and assignment of professional qualifications of employees in the manner established by the Council for Professional Qualifications in Housing and Communal Services, in accordance with the norms of the labor legislation of the Russian Federation, as well as the requirements of the Federal Law "On the independent assessment of qualifications" No. 283 - ФЗ dated 03.07.2016. and the decree of the Government of the Russian Federation dated 06/27/2016. No. 584 "On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of shares (stakes) in whose authorized capital is in state ownership or municipal ownership. "

1.11. Laws and other normative legal acts adopted during the period of the Agreement, which improve the socio-economic situation of employees, supplement the effect of the relevant provisions of the Agreement from the moment they enter into force.

1.12. In cases where employees are subject to several Agreements at the same time, the terms of the Agreements that are most favorable for employees apply.

1.13. This Agreement shall enter into force on January 1, 2017 and is valid through December 31, 2019 inclusive.

2. Remuneration

2.2. Employers provide:

a) remuneration of employees in accordance with professional qualifications, the complexity of the work performed (professional standards), the quantity and quality of labor expended, in accordance with clause 7.5.8 of this Agreement;

d) timely conclusion of collective agreements, improvement of rationing and working conditions.

2.3. The minimum monthly wage rate for workers of the first category who have fully worked the norm of working hours and fulfilled their labor duties (labor standards) is established in accordance with Appendix No. 1 to this Agreement and cannot be less than the minimum wage established by the current legislation.

2.5. Organizations independently establish a bonus system for employees, which takes into account, as a rule, in the aggregate:

a) production efficiency and improving the results of financial and economic activities;

b) the absence of accidents and an increase in incidents in the reporting year compared to the previous calendar year;

c) no increase in injuries in the reporting year compared to the previous calendar year;

d) absence of fatal accidents at work;

e) timely receipt of the Organization's readiness passport for the autumn-winter period;

f) absence of violations of production discipline, labor protection rules and safety measures;

g) participation in social work and management of the Organization (Article 52, Article 53, Article 46, Article 41, Article 165 of the Labor Code of the Russian Federation).

h) availability of a qualification level, confirmed by the Certificate of Professional Qualification;

i) participation in competitions of professional skills.

At the same time, the average monthly salary and remuneration of managers should not exceed eight times the corresponding average monthly salary and charges to the employees of the Organization.

2.6. Payment for downtime through no fault of the employee is made in the amount stipulated by the legislation of the Russian Federation.

In the presence of financial capabilities, the Organization may provide for payment of downtime through no fault of the employee in the amount of his average monthly salary.

2.7. Expenses of employers for remuneration of employees and other expenses due to labor relations, for inclusion in tariffs, are formed taking into account:

a) expenses (funds) for labor remuneration;

b) other costs associated with the production and sale of products and services;

c) costs associated with the execution of the terms of this Agreement;

d) expenses stipulated by other documents regulating relations between employers and employees.

2.8.1. The tariff component of expenses (funds) allocated for labor remuneration, which is calculated based on the sum of monthly tariff rates (official salaries).

2.8.2. Payments of a compensatory and incentive nature (compensation, bonuses for employees, additional payments, allowances and other payments) included in the funds for the remuneration of employees are established by collective agreements, local regulations of the Organization and include:

a) for work at night - in the amount of 40 percent of the hourly wage rate (official salary) for each hour of work;

b) for work with harmful and (or) dangerous working conditions - according to the results of a special assessment of working conditions, but not less than 4% of the employee's rate (salary);

d) for the traveling nature of work;

f) for work on weekends and non-working holidays - not less than double;

g) for overtime work - not less than double the amount or the provision of additional rest time, but not less than the time worked overtime;

i) additional payment for work according to the schedule with division of the shift into parts - in the amount of at least 30 percent of the tariff rate for the time worked during the shift;

k) payment of time for acceptance of the shift by employees of the Organizations working on equipment operated in a non-stop mode;

The specific length of time and the procedure for its payment are established directly in the Organizations;

a) allowances for the rotational work method (in the Organizations where it is applied);

b) payments related to the provision of guarantees and compensations to workers engaged in labor activities in the Far North and equivalent areas, including:

payments according to regional coefficients and coefficients for work in difficult natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
percentage allowances for all wages for continuous work experience in the Far North and other regions with severe natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
expenses for travel expenses of employees and persons who are supported by these employees to the place of vacation use on the territory of the Russian Federation and back (including expenses for payment of baggage transportation for employees of organizations located in the Far North and equivalent areas) in accordance with the procedure approved by the Organization;
other compensation payments related to work in special climatic conditions and provided for by the legislation of the Russian Federation.

2.8.2.3 additional payments (allowances) of an incentive nature, the amount and procedure for establishing which is determined directly in the Organization, including:

a) personal allowances for workers for professional skill, advanced training and high achievements in work;

b) personal allowances for managers, specialists and employees (technical performers) for a high level of qualification that meets the requirements of professional standards;

c) personal leave allowances for employees for high achievements in social work;

The bonus is charged on the tariff rate (official salary), taking into account additional payments and allowances in accordance with the current legislation, including according to the Decree of the Government of the Russian Federation of February 21, 1990 No. 66 / 3-138 "On improving the organization of wages and the introduction of new tariff rates and official salaries workers at the expense of own funds of enterprises and organizations of housing and communal services and consumer services of the population ".

2.8.2.6 monthly remuneration for length of service, in accordance with the collective agreement, within 15% of the tariff component of expenses allocated to labor remuneration;

2.8.2.7 other types of bonuses for employees, including according to the indicators provided for in paragraph 2.5 of this Agreement;

2.10. Remuneration for the work of managers, specialists and employees is made on the basis of official salaries established in accordance with the position and qualifications of the employee.

The remuneration of the heads of the Organizations is made in accordance with the current labor legislation and other regulatory legal acts containing labor law norms.

The specific procedure and amount of bonuses are determined by the local regulations of the Organization.

2.11. Wages are paid every half month on the day established by the internal labor regulations of the Organization, the collective agreement, the labor contract.

Employees must be notified of the changes at least two months in advance.

3. Working hours and rest times

3.1. The working hours and rest hours are established by the internal labor regulations of the Organization.

The normal working hours of employees cannot exceed 40 hours per week.

On the basis of the collective agreement of the Organization, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the duration of the working time specified in the third paragraph of this clause may be increased, but not more than up to 40 hours per week with payment to the employee separately established monetary compensation in the manner, amount and on the terms established by the collective agreement of the Organization.

With a five-day working week, employees are given two days off, with a six-day working week - one day off per week.

with a 36-hour work week - 8 hours;
with a 30-hour working week or less - 6 hours.

with a 36-hour work week - up to 12 hours;
with a 30-hour work week or less - up to 8 hours.