Federal Law No. 426-FZ "On Special Assessment of Working Conditions"
Moscow, 2025
Выполнили:
студентки группы ЮПР-23
Мурзакаева Алина и Архарова Екатерина
Introduction
Russia uses the civil law tradition. This is a code-based system where comprehensive, written legal codes and statutes are the primary source of law, as opposed to judge-made precedent which is central to common law systems. The Constitution of the Russian Federation is the supreme law of the land.
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Purpose and Significance of the Law
This law introduced a unified procedure called the Special Assessment of Working Conditions (SOUT or СОУТ in Russian), which replaced the previous systems of workplace certification and state expert review of working conditions.
Its main purpose is to shift from a generic approach to providing guarantees and compensation to workers, towards an assessment based on the actual impact of harmful and dangerous factors on an employee. The results of this assessment have wide-ranging implications, including determining insurance premium rates for the Pension Fund, providing guarantees and compensations to employees, and informing various occupational safety procedures.
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What is a Special Assessment of Working Conditions?
According to Article 3 of the law, a Special Assessment of Working Conditions is defined as "a unified complex of consistently implemented measures" aimed at:
1. Identifying harmful and/or dangerous factors in the working environment and labor process.
2. Assessing the level of their impact on an employee. This involves comparing the actual values of these factors against established hygiene standards, while also taking into account the use of personal and collective protective equipment by workers.
Based on the results, classes (subclasses) of working conditions are established for each workplace, ranging from optimal to hazardous.
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Rights and Obligations of the Parties
The law clearly outlines the roles and responsibilities of the main participants in the SOUT process.
Employer's Obligations:
· Ensure the conduct of the special assessment, including unscheduled assessments.
· Provide the assessing organization with all necessary documents, data, and explanations.
· Not take deliberate actions to narrow the scope of the assessment.
· Inform employees of the results concerning their workplace in writing.
· Implement measures to improve working conditions based on the assessment results.
Employer's Rights:
· Request justifications for the results from the assessing organization.
· Conduct an unscheduled assessment.
· Request documents confirming the assessing organization's compliance with legal requirements.
· Appeal against the actions or inaction of the assessing organization.
Employee's Rights:
· Be present during the assessment at their workplace.
· Submit proposals on identifying potentially harmful factors and receive explanations about the procedure.
· Appeal the results of the special assessment.
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Key Exceptions and Declaration of Conformity
The law specifies that a special assessment is not conducted for the following categories:
· Homeworkers
· Remote workers
· Employees of individuals who are not individual entrepreneurs
For workplaces where no harmful or dangerous factors are identified, the employer can submit a Declaration of Conformity of working conditions with regulatory requirements. This declaration is valid for five years and is automatically extended if no workplace accidents or occupational diseases occur during that period, simplifying the process for employers.
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Practical Implications
The results of the special assessment directly affect:
· Insurance Contributions: The rates of contributions to the Pension Fund are tied to the class of working conditions.
· Guarantees and Compensation: Employees in harmful or dangerous conditions are entitled to specific guarantees, such as reduced working hours, additional leave, and higher wages.
· Occupational Safety Measures: The findings inform the need for medical check-ups, provision of personal protective equipment, and other safety measures.
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