Sample orders for securing a computer. New office securing jobs and office equipment for employees order sample

The order to assign equipment to employees is a document that helps bring the organization's activities in line with labor protection requirements.

Work performed in the interests of the employer of increased danger involves the execution of a number of documents. Occupational health and safety regulations make this clear.

What kind of equipment can be fixed

Each of the employers for themselves determines who will be responsible for the safety of the equipment at the enterprise: he or one of the employees. Naturally, many prefer the second option, as this increases the responsibility of the work performed, employees fulfill their duties, guided by existing standards.

An important circumstance: the equipment in use must assume the category of work of increased danger.

For example, a lathe, a welding machine, an excavator (considered mining equipment), a car belong to this list, so they are high-risk equipment.

Additional documents

In addition to the order on securing the equipment to the employee, an act of acceptance of this equipment will be necessary for full work. Without it, the order will not have legal force.

Normative acts

As you know, any official document becomes "weightier" with links to supporting documents. Formulating the main part of the order, you can refer to article 21 and 238 of the Labor Code. They regulate the interaction of the employer and employee in matters of transfer of responsibility for the safety of equipment.

Also, in a detailed analysis of the initial legislative acts, one should not lose sight of the “Safety Rules for Working with Tools and Devices,” which were approved by order No. 42 of the USSR Ministry of Energy on April 30, 1985.

They say that each equipment should have its own inventory number (for cars, their own license plate is used). A plate (inscription) with a list of those employees who have the right to interact with them should also be fixed at the operated facility.

The same plate indicates the only materially responsible person who is responsible for the health of the machine, tool or other potentially dangerous equipment.

The same “Safety Rules” (clause 2.1.3) describe the need for a brief extract from the labor protection instructions or a safety note that is needed for each type of equipment installed at the enterprise. This statement must provide free access to employees. It should be in a conspicuous place. Nobody has canceled these rules; they are useful recommendations for organizations that care about the observance of labor protection standards by their own employees.

With regard to transport, here you can refer to POT RM-008-99 "Intersectoral labor protection rules for the operation of industrial vehicles (floor rail-free wheeled vehicles)", namely paragraph 4.2.11, which says that every vehicle needs in fixing to any driver.

The components of the order

The document consists of several elements:

Introductory part.
The main part.
The final part.

Each of them should have its own layer of information.

Introduction

The upper introductory piece of the document must necessarily contain the name of the organization and its details (address, phone number, etc.). Some companies resort to printing special forms for processing such documents. The contact information of the legal entity is always printed at the top of such a blank.

In addition, the introduction will certainly indicate the city and date of signing the paper.

The order is numbered. This number subsequently (together with the name and date) should serve as a hallmark of the paper from all others, when its presence is noted in the register of orders of the enterprise.

Main part

The "body" of the order begins with motivation: what prompted the head to form or approve him. It may sound like this: “In order to ensure road safety” or like this: “To ensure the safety of the instrument handed over for operation”. There are hundreds of different wordings. Everything will depend on the specific circumstances and conditions in which the organization operates.

Then there is a list of equipment and the persons to whom it is assigned. With the indication of inventory numbers, license plates of cars and surnames and initials of employees who are assigned to them. This is often a fairly long list.

An important point! Only one can be responsible for safety, and an unlimited number of persons can be allowed to work on one machine.

In order to register this in official paper, they resort to a wording such as: “Ivanov I.I. allowed to work on a screw-cutting and grinding machine. " The order may be executed in any form, as it will be more convenient in specific circumstances. It is important that the language is not ambiguously interpreted and that the official presentation is maintained.

Additions

In addition to the basic and necessary data for the order, it may contain information about:

The volume of how specifically responsible persons must ensure the safety of equipment: comply with fire safety requirements, use appropriate PPE (personal protective equipment). This may be a whole quote from labor protection instructions.
Which document contains information about equipment maintenance.
Persons admitted to one of the machines by a single list, with the mention of the fact that they all passed the required tests for labor protection.

For large amounts of data, tables are acceptable, but usually a lengthy list is sufficient.

The order on securing the equipment for employees with the signature of the head is being completed.

Is it necessary to bring the activity at the enterprise in line with the requirements of labor protection? In this article, we will tell you how to develop and correctly enforce an order to assign equipment to employees.

From this article you will learn:

how to fix equipment to employees;
how to draw up an order to assign equipment to employees;
an example of an order to assign equipment to an employee.

Ensuring safe working conditions in accordance with the Labor Code of the Russian Federation and legislation in the field of labor protection is the primary responsibility of any employer. One of the obligatory documents regulating the work of persons, especially those whose labor activity is related to the performance of work of increased danger, is an order to assign equipment or a workplace to an employee.

Do not miss: the main material of the month from leading experts of the Ministry of Labor and Rostrud

Encyclopedia of personnel orders from the Personnel System.

Assigning equipment to employees

The labor protection rules provide that in order to ensure the safety of the work performed, as well as the good condition and safe operation of machine tools and equipment, all mechanisms, especially those working on which belongs to the category of work with increased danger, should be assigned to certain workers.

Standard or individual provisions on labor protection, providing rules for the performance of work on a particular equipment, mechanism, or machine, already contain the necessary list of conditions regarding the safe conduct of work and the responsibility of the employee for their failure to comply.

At the same time, in accordance with paragraph 2.1.2 of the Safety Rules when working with tools and devices (hereinafter referred to as PBMIP), it is necessary not only to reflect all the points regarding the use of equipment, mechanisms and tools in the labor protection instructions of the enterprise, but also to fix it by order responsible persons responsible for their good condition and safe operation.

In accordance with the PBMIP, an inventory number must be assigned to each device, in cases with cars, the vehicle number and brand are used, and a list of persons who have the right to work with these types of mechanisms, tools, equipment is determined.

In addition, directly at the workplace, you must attach a well-readable extract from the labor protection instructions for this type of equipment, which indicates the list of requirements for the safe performance of work, the presence of certain protective equipment.

Order on securing equipment for employees

Order on securing equipment for employees is compiled in accordance with the requirements of office work and must contain the following information:

name and data on the company, which often reflect in the heading of the letterhead;
FULL NAME. and the position of those responsible for the operation of machinery, vehicles or equipment of persons;
name and brand, inventory number of equipment, machinery or vehicles;
FULL NAME. and the position of the person approving the order;
information on familiarization of responsible persons with the order.

An example of an order to assign equipment to an employee

G. Novorossiysk, st. Lebedenko, 14, 569-85-87

On assigning corporate cellular numbers to specific employees

In view of the production need, in order to ensure the good condition and safe operation of machine tools and equipment

Assign the following equipment and machines to the following responsible persons, in accordance with the attached table:

Order on equipment fastening

Machine tools and tools for workers. About the commission for monitoring the state and operation. Help write an order to secure the excavator (mining equipment) for. On the appointment as responsible for the construction and installation works.

The main orders for the electrical households are listed. Portable power and auxiliary. Electricity metering systems for employees of the organization. Orders for securing something are issued so that later you can ask those responsible for this equipment or tools. Order of 190 on fixing received equipment. In pursuance of the order of the education department of the administration of the city district of Sharya on the days of monitoring the use of equipment.

Badaguev bt electrical installations free download - twirpx com

Municipal educational institution secondary school 19 of the city of Podolsk, Moscow region. Order on fixing equipment to teachers. Responsible for good condition and safe operation of the existing machine tool (f.).

Order of appointment of the person responsible for the proceedings

Sanitary, ventilation systems and. Issue an order for the enterprise, or as instructed here on the workshop, and you're done - the worker is assigned to the machine. Please share an example of a decree on securing equipment for employees. Action plan peer defense The installer of sanitary systems and the installer of ventilation systems.

Decision No. M] -93/014 2 (2) -146 / 2-146 /

The essence of the dispute: Disputes from the Nar. penny. Zak. - claims by individuals to the Pension Fund of the Russian Federation

in the name of the Russian Federation

Buguruslan District Court of the Orenburg Region composed of the presiding judge Grek L.S.,

when the secretary Danilyuk M.P.,

with the participation of the plaintiff Kurmaleeva. the representative of the defendant GU-UPF of the Russian Federation in Asekeyevsky district of the South,

examined in open court civil suit

Kurmaleeva to a limited company

the responsibility of FaRAGa in the Asekeyevsky district of the Orenburg region on the establishment of the fact of working as an electric welder for a full day, on the assignment of the obligation to provide the pension fund with individual (personalized) accounting information with a code of benefits, documents, a recalculation of accrued insurance premiums, and on amendments to a work book and a book of orders on his hiring from the specialty of a foreman to the specialty of an electric gas welder engaged in cutting and manual welding, to the state the institution - the Office of the Pension Fund of the Russian Federation in Asekeyevsky district of the Orenburg region on the inclusion of periods in the length of service for the appointment of an early labor pension,

Kurmaleev. He filed a lawsuit against a limited company

the responsibility of FaRaga in the Asekeyevsky district of the Orenburg region (hereinafter referred to as FaRaGa LLC) to establish the fact of his full-time work as a superintendent during the period from DD.MM.YYYY to DD.MM.YYYY, as an electric welder during DD.MM.YYYY according to DD.MM.YYYY, on imposing on the defendant the obligation to provide the pension fund with individual (personalized) accounting information for assigning him preferential length of service for the indicated periods, recalculating accrued insurance premiums by paying extra on additional exchange rates established by law for persons eligible for early retirement benefits in the period from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY, indicating in a statement that the decision of the head The Directorate of the Pension Fund of the Russian Federation in Asekeevsky District of the Orenburg Region from DD.MM.YYYY was denied the appointment of an early labor retirement pension due to the insufficient length of the required length of service in the Far North and localities equivalent to them in accordance with Subclause 6, Clause 1, Article 28 of the Federal Law of December 17, 2001 No. 173-ФЗ On Labor Pensions in the Russian Federation and at work with difficult working conditions (List No. 2) in accordance with clause 2, clause 2 1 of Article 27 of this Law, which excluded from his special experience the period of work in FaRaGa LLC as a superintendent with DD.MM.YYYY according to DD.MM.YYYY, since the type of activity is not documented: construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects; period of work as an electric welder with DD.MM.YYYY according to DD.MM.YYYY ku this period the defendant is not confirmed - there are no orders on assignment for them welding equipment, job descriptions, staffing, time sheets, etc. individual information for the indicated periods was not handed over without preferential treatment. In connection with these circumstances, he appealed to the prosecutor's office of the Asekeyevsky district, where he was recommended to go to court. In connection with the foregoing, he asks to establish the fact of his work in these positions during the full working day, as well as to make corrections to the information of individual (personified) records, showing his special working conditions, to offset the excluded periods in the experience.

In preparing the case for trial, the plaintiff Kurmaleev changed the claims and involved the state institution - the Pension Fund of the Russian Federation in Asekeevsky District of the Orenburg Region (hereinafter referred to as the GU-UPF RF in Asekeevsky District) to participate in the case.

At the hearing, the plaintiff Kurmaleev finally asked the court to oblige FaRaGa LLC to establish the fact of his work as an electric welder during the full working day during DD.MM.YYYY according to DD.MM.YYYY, to provide individual (personalized) accounting information to the pension fund with a privilege code, recalculate accrued insurance premiums for periods from DD.MM.YYYY to DD.MM.YYYY, DD.MM.YYYY according to DD.MM.YYYY, amend the workbook and the book of orders for its acceptance for work from a specialty foreman to a specialty ele In the period from DD.MM.YYYY to DD.MM.YYYY, a gas and gas welder engaged in cutting and manual welding shall provide the staffing list, technical passports for welding equipment, orders for fixing welding equipment, inventory cards, settlement and payment cards to the pension fund statements, to consider him hired as an electric gas welder engaged in cutting and manual welding, in the period from DD.MM.YYYY to DD.MM.YYYY, oblige the state institution - the Office of the Pension Fund of the Russian Federation in Asekeevsky District of the Orenburg Region incl. chit excluded periods for the purpose of early experience of the retirement pension, at the same time he refused to establish the fact of his work in the position of superintendent for a full working day in the period from DD.MM.YYYY DD.MM.YYYY by city

The definition of the Buguruslan District Court from DD.MM.YYYY proceedings on the suit Kurmaleeva. to LLC “FaRaGa” on the establishment of the fact of his work as a foreman during the full working day in the period from DD.MM.YYYY to DD.MM.YYYY terminated.

In support of his claim, Kurmaleev explained that in the period from DD.MM.YYYY to DD.MM.YYYY, he actually worked as an electric gas welder, and by order and entry in the workbook he was listed as a foreman, this was agreed upon with the general director of FaRaGa LLC »Fakhrtdinov R.G. when hiring, since he has an engineering degree, the director suggested that he not spoil the workbook, accept him as a foreman, he agreed. He worked as an electric gas welder of manual welding for a full day at the facilities where they were sent, from time to time he was assigned the duties of a foreman without orders and payments, since they did not have the positions of chief engineer, mechanic, and foreman. In the period with DD.MM.YYYY, they did repairs at the local hospital, he worked as a welder at this facility, but the welding equipment was not assigned to them, they had one old welding transformer, which was left from the state-owned enterprise KhPU, where earlier Fakhrtdinov R.G. . was a director, and there were also small welding machines (inverters) that worked for 3-4 years, went out of order, bought new ones, inventory cards did not start on them. They did not have automatic or semi-automatic welding. During his work with DD.MM.YYYY on DD.MM.YYYY, everything was the same. When these periods are included in the experience, the periods of work with difficult working conditions will be summed up to the periods of work in the Far North or the area equivalent to the Far North, where he currently works (northern experience). The position of manual electric welder is to be included in the length of service according to List No. 2, therefore, the defendant FaRaGa LLC must recalculate the accrued and paid insurance premiums, pay a certain amount so that, according to the individual (personified) accounting, the nature of its preferential work is traced, as well as provide the requested documents by the pension fund, namely: the staff list, technical passports for welding equipment, orders for fixing welding equipment, inventory cards, Settlement and payment statements, which will also confirm the preferential nature of its work. He did not know whether these documents were available at FaRaGa LLC, but the permits for hazardous work were never issued. At that time, he was indifferent to what position he was accepted for, what documents were drawn up, whether he would be entitled to pension under Schedule No. 2.

The representative of the defendant GU-UPF of the Russian Federation in Asekeevsky district of Yuzhev, acting by proxy No. DD.MM.YYYY, did not recognize the claim and explained that according to list No. 2 of works, professions, positions, specialties, institutions, approved by the Cabinet of Ministers of the USSR dated 26.01. 1991 No. 10, the name of the profession “electric welders engaged in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances no less than hazard class 3”, as well as “electric gas and gas welding” is provided booths engaged in cutting and manual welding ”, because the nature of the preferential work of Kurmaleev. namely, the type of welding is not documented, therefore, when calculating the special length of service, he excluded the periods of work in the indicated position with DD.MM.YYYY according to DD.MM.YYYY The period of work as a superintendent with DD.MM.YYYY according to DD .MM.YYYYY was also excluded from the calculation, since the type of activity: construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other facilities was not confirmed by documents, individual information for the specified period was not provided concessionally, in the Charter of LLC “FaRaGa” fixed a different type of activity. In making corrections to the workbook and the book of orders from the specialty of the superintendent to the specialty of an electric welder engaged in cutting and manual welding, he does not mind, but the plaintiff must also provide any written evidence testifying to the preferential nature of this position, if there are no periods will be. The periods of work in the post of superintendent and electric welder with DD.MM.YYYY according to DD.MM.YYYY, DD.MM.YYYY according to DD.MM.YYYY have already been credited to him in the total length of service as being fulfilled during a full working day.

The representative of the defendant OOO FaRaGa Fakhrtdinov R.G. duly notified of the time and place of the trial, did not appear in court, did not inform about the reasons for the failure to appear.

In accordance with Art. 167 Code of Civil Procedure of the Russian Federation, the court considers it possible to consider the case in the absence of a representative of FaRaGa LLC.

In a previous court session, the general director Fakhrtdinov R.G. explained that Kurmaleev worked in FaRaGa LLC as a gas-electric welder, in his workbook, the appointment of a foreman as a job was made at his request, he was granted leave as a foreman, in timesheets, payrolls he was also listed as a foreman.

In written reviews of the lawsuit, Fakhrtdinov R.G. confirmed that Kurmaleev. according to the book of orders, he worked with DD.MM.YYYY according to DD.MM.YYYY as a foreman, with DD.MM.YYYY according to DD.MM.YYYY as an electric welder, documents for the preferential list were not submitted to the pension fund, data on the preferential category of workers he is absent, a time sheet has not been preserved; welding equipment was bought thirty years ago from private traders, numbers and technical data sheets, welding equipment was not assigned to Kurmaleev, and there were never any work orders for hazardous work.

The court, after hearing the explanations of the plaintiff, representative of the defendant, having studied the materials of the case, questioning the witnesses, comes to the following.

Subparagraph 6 of paragraph 1 of Article 28 of the Law of 17.12.2001 N173-ФЗ “On labor pensions in the Russian Federation” provides for the granting of pensions to persons (men) who have reached the age of 55 years and have worked for at least 15 calendar years in the Far North or at least 20 calendar years in areas equated to them and having an insurance experience of at least 25 years, respectively.

Citizens who work both in the Far North and in equivalent localities, a retirement pension is established for 15 calendar years of work in the Far North.

At the same time, each calendar year of work in areas equated to areas of the Far North is considered for nine months of work in areas of the Far North.

Citizens who have worked in the Far North for at least 7 years 6 months are granted a retirement pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these areas.

When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the provision of the above paragraph shall apply.

According to subparagraph 2 of clause 1 of article 27 of the Federal Law of December 17, 2001 No. 173 - Federal Law “On Labor Pensions in the Russian Federation”, an old-age labor pension shall be awarded earlier than the age established by Article 7 of this Federal Law to men upon reaching the age of 55, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and have an insurance experience of at least 25 years.

In accordance with paragraph.n. "B" p. 1 of the Government of the Russian Federation of July 18, 2002 N 537 for the early appointment of an old-age labor pension to workers employed in jobs with difficult working conditions, List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, approved by the Resolution of the Cabinet of Ministers of the USSR of 01.26.1991 N 10.

By virtue of clause 2 of the same article of the law, the Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which an old-age labor pension is assigned, the rules for calculating periods of work and the appointment of this pension are approved by the Government of the Russian Federation if necessary.

Electric and gas welders engaged in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances not less than hazard class 3 (position 23200000 - 19756);

Electric welders of manual welding (position 23200000 - 19906);

Gas cutters (position 23200000-11618).

In accordance with section ХХХ11 of List No. 2, approved by Decree of the Council of Ministers of the USSR of 08.22.1956, N 1173 (as amended on 04.16.1958, 10.29.1959, 07.16.1965, 09.23.1966, 12.23.1967, 10.03.03 .1969 04/12/1990 09/27/1990), the right to preferential pension provision was enjoyed by gas welders and their henchmen, electric welders and their henchmen.

At the same time, the position of the electric welder and gas welder is given without specifying the type of electric and gas welding - manual welding or automatic and semi-automatic welding.

Considering the above, periods of work only until 01/01/1992 as an electric welder and a gas welder can be counted in the length of service giving the right to early retirement benefits without confirmation of a certain type of welding, after that date only with confirmation of the type of welding.

Clause5 “List of documents required for establishing a retirement pension and a pension for state pension provision in accordance with the Federal Law“ On Labor Pensions in the Russian Federation ”and“ On State Pension Insurance in the Russian Federation ”, approved by the resolution of the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund Of the Russian Federation of 02.27.2002 N16 / 19PA, it is established that the application of a citizen who applied for the appointment of a retirement pension in accordance with Articles 27 and 28 of the Law of 12/17/2001 must be lozheny documents proving experience in the relevant types of work.

In accordance with the Rules for calculating and confirming the length of service for the establishment of labor pensions, approved by RF Government Decree N555 of July 24, 2002 the main document confirming the periods of work under an employment contract is a standard work book.

In the absence of a work book, as well as in cases when the work book contains incorrect and inaccurate information or there is no record of individual work periods, written contracts are accepted in confirmation of work periods, drawn up in accordance with the labor law in force on the day the relevant legal relations arose, labor books of collective farmers, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and statements ty for the issuance of wages. Such a document may be a clarifying certificate from the employer on the nature and working conditions of the employee.

From a letter from the Pension Fund of the Russian Federation from DD.MM.YYYYy. it follows that if according to the information contained in the workbook, from the name of the organization and structural unit it is possible to make a conclusion about the production and work performed, and the name of the profession or position is directly provided for by the List, it is recommended to count in the length of service on the relevant types of work without additional verification, including the number of full-time permanent employment, given that up to the indicated date the work of enterprises in the sectors of the national economy was stable.

The court found that according to the plaintiff’s workbook, Kurmaleev was accepted by FaRaGa LLC as foreman of DD.MM.YYYY g. Order No. DD.MM.YYYY g.; Dismissed at his own request DD.MM.YYYY g. Order No. DD .MM.YYYY of the city with DD.MM.YYYY was adopted by FaRaGa LLC as an electric welder of the 4th category, order No. from DD.MM.YYYY of the city; dismissed at will of DD.MM.YYYY of the city order No. 16 / k from DD.MM.YYYY

The submitted orders confirmed that Kurmaleev. He was hired by the foreman, dismissed from the specified position. Order No. from DD.MM.YYYY Kurmaleev. (without specifying a position) a leave was granted; subsequently he was hired by an electric welder, dismissed from that position.

The witness FULL NAME8, questioned at the hearing, testified that she and DD.MM.YYYY according to DD.MM.YYYY worked in LLC FaRaGa as chief accountant and performed the duties of the personnel department without registration and payment. If Kurmaleev was accepted by order as a foreman, then all the monthly documents (work orders, certificate of work, settlement and payment statements, etc.) were drawn up for him as a foreman, whom he actually worked, she does not know, was not present at the facilities, only worked with accounting documents. She made notes on the day of dismissal in the book of orders, all orders were written by her hand, she does not know how to correctly write the position in accordance with the tariffing, since she is a financial employee, not a personnel one. For the specified period, the Charter of the Company has not changed. The superintendent had a salary, welders received piecework from the volume of work performed, as well as bonus payments. There was welding equipment, it was purchased, it was delivered to the warehouse, which was headed by R.G. Fakhrtdinov he handed out. The welding machines (inverters) were brought in, they served for 2-3 years and went out of order, they brought in new ones, no cards were kept on them, the manager kept the technical passports with him. Warehouse reports (transactions) have already been destroyed due to their storage period of not more than five years.

Witness FULL NAME9 explained that in the period from DD.MM.YYYY she worked as chief accountant in LLC FaRaGa, and she was entrusted with personnel work. Previously, she did not work in this position, the previous accountant did not hand over the documentation to her, she began to keep all the documentation from scratch on a computer, and printed it on paper. By order of Kurmaleev with DD.MM.YYYY, he was hired by an electric welder, she does not know how to correctly spell this position. Orders were written at the direction of the director, the position indicated by the director. The payroll was not large, mainly carried out trade and procurement activities: two shops, a cafe, a hotel, as well as plumbing, construction and installation work. I never did what welders were doing at the facilities, where they were, what facilities they worked at, I never saw, they did not compile a time sheet, and nobody did, gas and electric welders were subordinate to the director. During the period of its operation, welding equipment was reflected in the 12th account “materials”. Welding equipment was purchased prior to her employment, she did not see the documents for the equipment, for whom it was assigned - she did not know. I have never seen tolerances for hazardous work, only work orders. They also did not have staffing schedules. After her dismissal, she did not hand over the documentation to anyone.

According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 11.12. of the year “On the practice of courts reviewing cases related to the exercise of citizens' rights to labor pensions” in resolving disputes related to the establishment and payment of an old-age labor pension to citizens earlier than the generally established retirement age, in the interests of citizens and in order to prevent the worsening of the conditions for exercising the right to a pension the collateral on which they counted before the new legal regulation came into force (regardless of whether they developed a general or special length of service in whole or in part), Tazh giving the right to early assignment of an old-age labor pension may be calculated taking into account the legislation in force for the period of performance of the relevant work and other socially useful activities, which allowed such periods to be counted in the length of service when assigning pensions on favorable terms (USSR Law of July 14, 1956 " On state pensions ”, Law of the USSR of May 15, 1990“ On pension provision of citizens in the USSR ”, Law of the Russian Federation of November 20, 1990 N340-I“ On state pensions in the Russian Federation ”and adopted the by-laws established in accordance with them).

Based on the content of this clause in the interests of citizens, the court can apply the legislation that was in force for the period of execution of the relevant work and other socially useful activities, including the inclusion in the special length of service for assigning an early retirement pension the periods of work for the positions of electric welder, gas electric welder without indicating the type of welding, performed until 01/01/1992.

This provision cannot be applied to Kurmaleev, since he performed work during the period of List N 2 of productions, work, professions, positions and indicators with harmful and difficult working conditions, approved by the Cabinet of Ministers of the USSR of January 26, 1991 N 10, t. e. from September 1, 2009 to October 25. g.

According to the List N 2 dated 01/26/1991 N 10 (section ХХХIII "General professions") the right to preferential pension provision is enjoyed by:

Electric gas and gas welders engaged in cutting and manual welding (position 23200000 - 19756); manual welders (position 23200000 - 19906) are different professions. In the workbook, Kurmaleev is listed as an accepted electric welder of 4 categories, he asks him to be accepted as an electric gas welder engaged in cutting and manual welding.

In accordance with Article 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis of its claims and objections. Thus, the plaintiff must prove his employment in the job as an electric gas welder engaged in cutting and manual welding or electric welders of manual welding.

The nature of preferential work with testimonies is not confirmed, but only with any written evidence, such evidence was not presented by the plaintiff, nor were they presented by the defendant FaRaGa LLC, which refers to their absence. That these documents are not available, they were not drawn up, it also follows from the testimonies of witnesses FULL NAME8, FULL NAME9, who were questioned at the initiative of Kurmaleev. at the hearing. The representative of the defendant Fahrtdinov R.G. Kurmaleev’s lawsuit. not recognized. Certificate No. DD.MM.YYYY, specifying the special nature of work or working conditions necessary for the early appointment of an old-age labor pension, issued to Kurmaleeva for submission to the Pension Fund, general director R. Fakhrtdinov Withdrew DD.MM.YYYY of the year, as erroneously issued. According to personified accounting, disputed periods are reflected without a benefit code. Every year, FaRaGa LLC did not submit to the GU-UPF of the Russian Federation in Asekeyevsky district lists of employees of his insured persons for positions that entitle him to early retirement due to special and harmful working conditions.

Based on the foregoing, the court has no reason to satisfy the plaintiff's claim, since only by any written evidence can we conclude about the nature of the work of Kurmaleev who he worked as an electric welder for manual welding or an electric gas welder engaged in cutting and manual welding, in addition, the type of welding has not been proved, and without this, it is impossible to make changes in the work book and in the book of orders on hiring him for work by an electric gas welder engaged in cutting and manual welding. For the same reason, it is impossible to make changes to the work book and the book of orders from the specialty of the superintendent to the specialty of an electric gas welder engaged in cutting and manual welding, in the period from DD.MM.YYYY to DD.MM.YYYY, since all the documentation was conducted on Kurmaleeva . like a foreman. Kurmaleev was accepted to this position at his request or with his consent, and the lack of documents for Kurmaleeva. as a welder, it was originally predetermined by his admission to another position, especially since the permits for hazardous work were not issued. For the same reason, it is impossible to impose on the defendant FaRaGa LLC the obligation to provide the pension fund with individual (personalized) accounting information with a privilege code, documents, make additional contributions, since all requirements are interconnected. From the testimony of the witness FULL NAME9 it follows that she worked as chief accountant since August 2008, during which she did not purchase welding equipment, she kept all the records on a computer, before her only on paper, therefore, they were in postings whose storage period was expired at the time of the plaintiff's appeal to the court with the requirements. If the welding machines failed in 2-3 years, then the director had no interest in the safety of technical data sheets on them. According to the explanations of Fakhrtdinov R.G. He does not have documents for welding equipment. According to the latter, there are also no staffing tables, time sheets, which was confirmed by witness FULL NAME9, not interested in the outcome of the case. In such circumstances, the court cannot impose on the defendant the obligation to submit documents that are not available, since the decision is enforceable in the event of a voluntary refusal to execute it.

In view of the foregoing, the court finds no reason to satisfy the claim of Kurmaleev on imposing the obligation to include Kurmaleeva at the GU-UPF of the Russian Federation in Asekeevsky district. excluded periods of service for the appointment of an early retirement pension.

The requirements of the plaintiff on the establishment of the fact of his work as an electric welder with DD.MM.YYYY according to DD.MM.YYYY are to be satisfied within a full working day, since the indicated period has already been credited to him by the GU-UPF of the Russian Federation in Asekeevsky district in the total length of service, as full time.

According to Article 19 of the Federal Law of the Russian Federation “On labor pensions in the Russian Federation”, a labor pension is assigned from the day of applying for the specified pension, but not earlier than from the day the right to the specified pension arose. The plaintiff did not have the right to retire due to the lack of special experience. At the date of the appeal, Kurmaleev. experience is not worked out.

Kurmaleev’s statement of claim partially satisfy.

To recognize Kurmaleev as an electric welder in the FaRaGa limited liability company of the Asekeyevsky district of the Orenburg region during the period from DD.MM.YYYY to DD.MM.YYYY for a full day.

The satisfaction of the rest of the claims of Kurmaleev to FaRaa limited liability company of the Asekeyevsky district of the Orenburg region shall be refused.

In satisfying the claims of Kurmaleev to a state institution - the Office of the Pension Fund of the Russian Federation in Asekeevsky district of the Orenburg region on the inclusion of periods in the length of service for the appointment of an early retirement pension.

The decision can be appealed to the Orenburg Regional Court on appeal within a month from the day the court makes the decision in final form with the appeal through the Buguruslan District Court.

Referee: signature L.S. Grek

Buguruslan District Court (Orenburg Region) (more)

When organizing work with increased danger should be guided by the following general requirements:

1. Make a list of jobs with increased risk. Composed by the technical director of the organization, the head of the labor protection service. Approved by the head of the organization.

2. To appoint the persons responsible for the preparation and performance of work with increased danger: the responsible manager, the person responsible for the preparation of the work, the person responsible for the performance of the work. The order on the appointment of responsible persons is approved by the head of the organization.

3. Develop instructions for the safe performance of work with increased danger. It is the person responsible for the safe performance of work with increased danger, claims the technical director of the organization.

4. To develop measures for the safe conduct of work with increased danger, including measures carried out during combined work, when working in the conditions of a working production, near structures, communications, near or at working installations. It is the person responsible for the safe performance of work with increased danger, claims the technical director of the organization.

5. Perform organizational activities. Responsible supervisor.

Registration of work permit for work with increased danger.

If necessary, coordination of the admission order with services within the organization.

Coordination of the work permit with organizations - owners of communications in the area of \u200b\u200bwork with increased danger.

Monitoring compliance with the requirements for personnel performing work with increased danger.

Admission to work (after performing technical (preparatory) measures).

Targeted training of performers.

Supervision and control during work with increased danger.

Making breaks, transfers and completion of work with increased danger.

6. Perform technical (preparatory) measures. Person responsible for preparing hazardous work.

Technical (preparatory) measures are carried out depending on the type of work performed and are given in the relevant sections of the training manual.

7. To determine the means to ensure the safety of workers when performing work with increased danger. Responsible supervisor. Collective and personal protective equipment (PPE) used when conducting work with increased danger is determined for each type of work. Some types of PPE used when conducting work with increased danger are given in the relevant sections of the training manual.

1. Hot work

Safety requirements for hot work

Fire work (OR) includes production operations associated with the use of open flame, sparking and heating of materials and structures to a temperature that can cause ignition: electric welding, gas welding, gas cutting, kerosene cutting, soldering work, metal machining with the formation of sparks, etc. .

To conduct all types of PR in temporary places (except for construction sites and private households), the facility manager is required to issue an outfit - admission in accordance with the requirements of the Fire Safety Rules (PPB 01-03).

General safety requirements when performing electric welding and flame works

Safety requirements when performing electric welding and gas welding are set forth in the Intersectoral Rules for the Protection of Labor during Electric and Gas Welding (POT RM-020-2001).

Places for the production of welding and flame works should be provided with fire extinguishing means.

Workplaces of welders in the room when welding with an open arc should be separated from adjacent workplaces and passages with fireproof screens (screens, shields) with a height of at least 1.8 m.

When welding in the open air, fencing should be set in case of simultaneous work of several welders close to each other and in areas of heavy traffic.

Outdoor welding during rain and snow should be stopped.

Places for the production of electric welding and gas-flame work on this, as well as on the lower tiers (in the absence of a fireproof protective flooring or flooring protected by fireproof material) must be exempted from combustible materials in a radius of not less than 5 m, and from explosive materials and equipment (gas generators, gas cylinders, etc.) - in a radius of at least 10 m.

In electric welding machines and their power sources, elements that are energized must be covered with protective devices.

When cutting structural elements, measures must be taken against the accidental collapse of cut elements.

An electric welding installation (converter, welding transformer, etc.) must be connected to the power source through a switch and fuses or a circuit breaker, and with an open circuit voltage of more than 70 V, it is necessary to apply automatic shutdown of the welding transformer.

Electric welders must have an electrical safety group of at least II.

For arc welding, it is necessary to use insulated flexible cables designed for maximum electrical load, taking into account the duration of the welding cycle. Welding cables should be connected by crimping or soldering, followed by isolation of the joints.

The cables must be connected to the welding equipment using crimped or soldered cable lugs.

When laying or moving welding wires, it is necessary to take measures against damage to their insulation and contact with water, oil, steel ropes and hot pipelines. The distance from welding wires to hot pipelines and cylinders with oxygen should be at least 0.5 m, and with combustible gases at least 1 m.

The metal parts of the electric welding equipment that are not energized, as well as the products and structures to be welded, must be grounded for the entire welding time, and at the welding transformer, in addition, the body grounding bolt must be connected to the secondary winding clamp to which the return wire is connected.

Steel tires and structures can be used as a return wire or its elements if their cross-section ensures a safe flow of welding current under heating conditions.

The interconnection of the individual elements used as a return wire must be reliable and performed on bolts, clamps or welding.

It is forbidden to use metal parts of communications as a return wire: water supply, heat supply, gas pipeline, etc., as well as metal structures of buildings and the case of technological equipment.

The fastening of gas-conducting hoses on the nipples of torches of torches and reducers, as well as in the places of connection of the hoses, must be carried out with clamping clamps.

It is allowed to tie the sleeves with soft annealed steel (knitting) wire at least in two places along the length of the nipple.

It is not allowed to use gas cutters when performing gas-flame work in tanks, wells and other closed containers.

The simultaneous production of electric welding and flame work inside the tanks is not allowed.

When performing electric welding and gas-flame works inside containers or structural cavities, workplaces should be provided with exhaust ventilation.

In cases of welding using liquefied gases (propane, butane, argon and carbon dioxide), exhaust ventilation should have a suction from below.

Welding transformer, acetylene generator, liquefied gas cylinders should be placed outside the tanks in which welding is performed.

When welding in poorly ventilated rooms of small volume, in closed containers, wells, etc. it is necessary to use personal protective equipment for eyes and respiratory organs.

Lighting during welding or gas-flame works inside metal containers should be carried out with the help of fixtures installed externally or with portable lamps with a voltage of not more than 12V.

Preparation and conduct of hot work at explosive and fire hazardous facilities.

Hot work at existing explosive and explosive and fire hazardous facilities (RD 09-364-00) is allowed in exceptional cases when these works cannot be carried out in permanent places specially designated for this purpose.

It is not allowed to place permanent places for carrying out hot work in fire hazardous and explosion hazardous premises.

Fire work at explosive and explosive and fire hazardous facilities should be carried out only in the daytime (with the exception of emergency cases).

Preparation and conduct of hot work includes the following activities:

1. Registration of work with an admission order. For carrying out all types of hot work in temporary places (except for construction sites and private households), the facility manager must issue an outfit - admission.

An outfit - admission is a task for the production of hot work, drawn up on a special form of the established form, which determines the place of hot work, the time of their beginning and end, the volume and content of preparatory work, the sequence of their implementation, safety measures during hot work, the procedure for monitoring aerial work environment and means of protection of persons responsible for the preparation and conduct of hot work, the composition of the brigade.

Outfit - admission is issued, filled out and maintained according to a special procedure. Coordination of the order - admission is carried out in accordance with RD 09-364-00, p. 2.6 and 2.7.

2. Development of instructions for the safe conduct of hot work.

The requirements of the instructions for the safe conduct of hot work in the organization must not be lower than those established by the standard instruction.

3. Development of measures for the safe conduct of hot work.

4. Appointment of persons responsible for the preparation and conduct of hot work.

The head of the unit where the hot work is carried out appoints the persons responsible for their preparation and conduct. The list of persons appointed responsible for the preparation of hot work is approved by the head of the organization.

5. Conducting preparatory work (technical measures).

6. Admission to work, briefing performers.

The admission to the hot work is carried out by the person responsible for their conduct, after receiving the equipment and checking the state of the air. Before the start of hot work, the person responsible for their conduct conducts targeted training with performers on compliance with safety measures.

7. Monitoring the implementation of the requirements for personnel.

For conducting hot work, persons who have undergone special training, having a qualification certificate and a fire safety certificate, are allowed. Persons admitted to conducting hot work must once a year pass an examination of knowledge on labor protection and annually undergo a medical examination. Individuals under the age of 18 and students are not allowed to work independently.

8. Control during the conduct of hot work.

The head of the structural unit ensures compliance with the requirements of the instructions for the safe conduct of hot work. Air control is carried out by the person responsible for the preparation of the hot work.

9. Observation of the place of production of hot work at the end of it.

The shift supervisor checks the place where the hot work was carried out, and ensures that he is monitored for 3 hours in order to exclude the possibility of sunbathing.

Preparatory work (technical measures) during hot work

Preparation of the facility for hot work is carried out by the operational personnel of the unit under the leadership of a specially designated responsible person, including when performing work at the facility with a third-party organization.

Responsible for the implementation of preparatory work can only be assigned to specialists of this facility.

Preparatory work includes all types of work related to the preparation of equipment, communications, structures for conducting hot work.

The preparatory work procedure is as follows in accordance with RD 09-364-00.

1. A hazardous area is determined, the boundaries of which are indicated by warning signs and signs.

2. Places of welding, cutting, heating, etc. marked with chalk, paint or other clearly visible identification marks.

3. Apparatuses, machines, tanks, pipelines on which hot work will be carried out, must be stopped, freed from the products contained in them, disconnected by plugs from existing apparatus and communications and prepared for hot work (PPB 01-03, clause 16.3 .four).

4. Launchers designed to turn on machines and mechanisms must be de-energized and measures taken to prevent their sudden start-up.

5. Sites, metal structures, structural elements of buildings that are located in the zone of hot work should be cleaned of explosive, explosive and fire hazardous and flammable substances.

6. Drain funnels, outlets from trays associated with the sewage system, in which there may be combustible gases and vapors, must be blocked.

7. At the places of hot work, measures must be taken to prevent the spread of sparks. All viewing, technological and other hatches, ventilation, installation and other openings in the places of conducting hot work should be closed with non-combustible materials (PPB 01-03, clause 16.3.8).

8. The place of hot work should be provided with the necessary primary fire extinguishing means.

9. During the conduct of hot work, periodic monitoring of the state of the air in the apparatus, communications, on which the specified work is carried out, and in the danger zone should be carried out.

It is permitted to start hot work if the presence of explosive and explosive and fire hazardous substances in the air does not exceed permissible concentrations.

In the case of an increase in the content of explosive and fire hazardous substances in the hazardous area inside the apparatus or pipeline, hot work should be immediately stopped and resumed only after the identification and elimination of the causes of gas contamination and the restoration of a normal air environment.

When conducting hot work, it is prohibited (PPB 01-03, clause 16.3.18):

Start work with faulty equipment;

Perform hot work on freshly painted structures and products;

Use clothing and mittens with traces of oils, fats, gasoline, kerosene and other flammable liquids;

To store clothes, flammable liquids (LVH), combustible liquids (GF) and other combustible materials in welding booths;

Allow students, as well as workers who do not have a qualification certificate and a fire safety certificate, to work independently;

To allow contact of electric wires with cylinders with compressed, liquefied and dissolved gases;

Perform work on devices and communications filled with combustible and toxic substances, as well as under electric voltage;

Simultaneously carry out hot work when installing waterproofing and vapor barrier on the roof, installing panels with combustible and slow-burning heat insulators, attaching floor coverings and decorating with combustible varnishes, glues, mastics and other combustible materials.

Persons responsible for carrying out hot work, their responsibilities

Responsibility for the development and implementation of measures to ensure safety during the conduct of hot work in the organization lies with the leaders of the organization, as well as with the persons, in the prescribed manner, appointed responsible for ensuring fire safety.

The following persons organize the carrying out of hot work in the organization and are responsible for compliance with safety requirements:

Responsible person approving the work permit for conducting hot work (head of organization, chief engineer);

Head of the structural unit where the hot work is carried out;

The person responsible for the preparation of hot work, the implementation of technical measures, the preparation of equipment and communications (appointed by the head of the unit). The list of persons responsible for the preparation of hot work is approved by the head of the organization. Responsible for the implementation of preparatory work can only be assigned to specialists of the unit where the work will be carried out;

The person responsible for carrying out the hot work. Appointed by the head of the unit from among the engineering and technical employees of the unit who are not currently engaged in the conduct of the technological process and who know the rules for the safe conduct of hot work at explosive and fire hazardous facilities;

Responsibilities of persons responsible for the preparation and conduct of hot work (OR):

Responsible for the development and implementation of measures to ensure security in the conduct of PR;

Approves the instructions for the safe management of the PR in the organization;

Approves the list of persons responsible for the preparation of the PR;

Approves the work permit for the production of PR.

Develops measures for the safe management of PR;

Appoints persons responsible for the preparation and production of PRs;

Issues a work permit for the production of PR;

Coordinates with the fire department outfit;

Checks the completeness of measures ensuring the safety of the PR;

Monitors compliance with the requirements of the instructions for the safe management of PR.

Responsible for preparing the PR

Carries out measures ensuring the safety of the PR;

Notifies the head of the adjacent (technologically connected) unit about the time of the hot work, about the disconnection of communications, etc .;

Hand over the location of the PR and equipment for the production of PR to the person responsible for the production of PR;

It monitors the state of the air in the production area of \u200b\u200bOR.

Responsible for the production of PR

Takes place and equipment for the production of PR from the person responsible for the preparation of the PR;

Checks for extinguishing media;

Conducts training of performers before admitting them to work;

Checks the availability of certificates for the right to conduct PR and fire safety coupons;

Carries out access to the work of performers, checks the availability of protective equipment, including workwear;

Monitors the work of performers;

Monitors the state of the air at the location of the PR;

Checks the location of the PR after they finish.

The shift supervisor is required to notify personnel of the conduct of hot work at the facility and to ensure the safe conduct of the process. At the end of the hot work, check the place where they were carried out and ensure that it is monitored for 3 hours in order to exclude the possibility of sunbathing.

2. Work at heights

Work at heights refers to work with increased danger and is included in the list of professions and types of work, which are subject to increased requirements for observing safety rules when performing work.

Work at heights includes work in which the worker is located at a distance of less than 2 m from unshielded swings of a height of 1.3 m or more. If it is not possible to install fences, work should be carried out using a safety belt and safety rope.

Work performed at a height of more than 5 m from the surface of the earth, floors or flooring, on which work is carried out directly from structures or equipment during their installation or repair, belong to the category of climbing work.

The main hazardous production factor when working at heights is the location of the workplace at a considerable height relative to the surface of the earth (floor) and the associated possibility of employee fall.

Safety requirements when working at heights are set forth in GOSTs and Intersectoral rules for labor protection when working at heights POT RM-012-2000. The rules establish a unified procedure for organizing and conducting all types of work at heights, climbing work in order to ensure the safety of workers performing these works, and people in the zone of production of these works.

The Rules set out the safety requirements for the place of work at heights, safety requirements when working with lifting mechanisms and devices, small-scale mechanization and hand tools, requirements for personal protective equipment and their application, safety requirements for certain types of work at heights, requirements to professional selection and examination of knowledge on labor protection, as well as the responsibility of officials for violation of the Rules.

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Many organizations have employees whose work involves permanent travel. If the company owns transport, then it can provide such employees with cars for official purposes. And in order to document, in whose use this or that machine is located, it is necessary to draw up an order on securing property for a certain employee.

The order shall indicate the name of the employee, the purposes for which he can use the transport, as well as the duties of the employee in connection with this. It is logical if the employee driving the car will be responsible both for the route documents confirming the official nature of the use of the car and for payment documents confirming the costs of fuel and lubricants.

Rent a car from an employee

However, not every company can provide personal transport to all its traveling employees. In this situation, the organization can rent a car, and from its own employees. And it happens that a company rents a car from one employee, and in the end it will be controlled by another. In this case, you will also need an order to secure the machine.

But first, with a worker - the owner of the car, it will be necessary to conclude a lease of a vehicle without a crew (Articles 642, 643 of the Civil Code of the Russian Federation). It spells out what expenses associated with the operation of the car the organization takes upon itself (fuel, repair work, insurance, etc.). You will also need to issue an acceptance certificate of the machine. It is compiled in any form. It is important to indicate all the technical characteristics of the rented car in it, as well as describe its external condition, so that the lessor will not be able to claim compensation for the deficiencies that already existed at the time of drawing up the act.

Order on assignment of property to an employee (sample)

Taxation when renting a car with an employee

All rental payments paid to the landlord, as well as the costs of maintaining the car paid in accordance with the lease agreement, the employer will be able to recognize in expenses in full (

Badaguev bt electrical installations free download - twirpx com

Order of appointment of the person responsible for the proceedings

Decision No. M] -93/014 2 (2) -146 / 2-146 /

The essence of the dispute: Disputes from Nar. penny. Zak. - claims by individuals to the Pension Fund of the Russian Federation

in the name of the Russian Federation

Buguruslan District Court of the Orenburg Region composed of the presiding judge Grek L.S.,

when the secretary Danilyuk M.P.,

with the participation of the plaintiff Kurmaleeva. the representative of the defendant GU-UPF of the Russian Federation in Asekeyevsky district of the South,

examined in open court civil suit

Kurmaleeva to a limited company

INSTALLED:

Kurmaleev. He filed a lawsuit against a limited company

the responsibility of FaRaga in the Asekeyevsky district of the Orenburg region (hereinafter referred to as FaRaGa LLC) to establish the fact of his full-time work as a superintendent during the period from DD.MM.YYYY to DD.MM.YYYY, as an electric welder during DD.MM.YYYY according to DD.MM.YYYY, on imposing on the defendant the obligation to provide the pension fund with individual (personalized) accounting information for assigning him preferential length of service for the indicated periods, recalculating accrued insurance premiums by paying extra on additional exchange rates established by law for persons eligible for early retirement benefits in the period from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY, indicating in a statement that the decision of the head The Directorate of the Pension Fund of the Russian Federation in Asekeevsky District of the Orenburg Region from DD.MM.YYYY was denied the appointment of an early labor retirement pension due to the insufficient length of the required length of service in the Far North and localities equivalent to them in accordance with Subclause 6, Clause 1, Article 28 of the Federal Law of 17.12.2001 No. 173-ФЗ On Labor Pensions in the Russian Federation and at work with difficult working conditions (List No. 2) in accordance with clause 2, clause 2 1 of Article 27 of this Law, which excluded from his special experience the period of work at FaRaGa LLC as a superintendent with DD.MM.YYYY according to DD.MM.YYYY, since the type of activity is not documented: construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects; period of work as an electric welder with DD.MM.YYYY according to DD.MM.YYYY ku this period the defendant is not confirmed - there are no orders on assignment for them welding equipment, job descriptions, staffing, time sheets, etc. individual information for the indicated periods was not handed over without preferential treatment. In connection with these circumstances, he appealed to the prosecutor's office of the Asekeyevsky district, where he was recommended to go to court. In connection with the foregoing, he asks to establish the fact of his work in these positions during the full working day, as well as to make corrections to the information of individual (personified) records, showing his special working conditions, to offset the excluded periods in the experience.

The representative of the defendant GU-UPF of the Russian Federation in Asekeevsky district of Yuzhev, acting by proxy No. DD.MM.YYYY, did not recognize the claim and explained that according to list No. 2 of works, professions, positions, specialties, institutions, approved by the Cabinet of Ministers of the USSR dated 26.01. 1991 No. 10, the name of the profession “electric welders engaged in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances no less than hazard class 3”, as well as “electric gas and gas welding” is provided booths engaged in cutting and manual welding ”, because the nature of the preferential work of Kurmaleev. namely, the type of welding is not documented, therefore, when calculating the special length of service, he excluded the periods of work in the indicated position with DD.MM.YYYY according to DD.MM.YYYY The period of work as a superintendent with DD.MM.YYYY according to DD .MM.YYYYY was also excluded from the calculation, since the type of activity: construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other facilities was not confirmed by documents, individual information for the specified period was not provided concessionally, in the Charter of LLC Farag "secured an activity. In making corrections to the workbook and the book of orders from the specialty of the superintendent to the specialty of an electric welder engaged in cutting and manual welding, he does not mind, but the plaintiff must also provide any written evidence testifying to the preferential nature of this position, if there are no periods will be. The periods of work in the post of superintendent and electric welder with DD.MM.YYYY according to DD.MM.YYYY, DD.MM.YYYY according to DD.MM.YYYY have already been credited to him in the total length of service as being fulfilled during a full working day.

The representative of the defendant OOO FaRaGa Fakhrtdinov R.G. duly notified of the time and place of the trial, did not appear in court, did not inform about the reasons for the failure to appear.

In accordance with Art. 167 Code of Civil Procedure of the Russian Federation, the court considers it possible to consider the case in the absence of a representative of FaRaGa LLC.

In written reviews of the lawsuit, Fakhrtdinov R.G. confirmed that Kurmaleev. according to the book of orders, he worked with DD.MM.YYYY according to DD.MM.YYYY as a foreman, with DD.MM.YYYY according to DD.MM.YYYY as an electric welder, documents for the preferential list were not submitted to the pension fund, data on the preferential category of workers he is absent, a time sheet has not been preserved; welding equipment was bought thirty years ago from private owners, numbers and technical data sheets, welding equipment was not assigned to Kurmaleev, and there were never any work orders for hazardous work.

The court, after hearing the explanations of the plaintiff, representative of the defendant, having studied the materials of the case, questioning the witnesses, comes to the following.

Subparagraph 6 of paragraph 1 of Article 28 of the Law of 17.12.2001 N173-ФЗ "On labor pensions in the Russian Federation" provides for the granting of pensions to persons (men) who have reached the age of 55 years and have worked for at least 15 calendar years in the Far North or at least 20 calendar years in areas equated to them and having an insurance experience of at least 25 years, respectively.

Citizens who work both in the Far North and in equivalent localities, a retirement pension is established for 15 calendar years of work in the Far North.

At the same time, each calendar year of work in areas equated to areas of the Far North is considered for nine months of work in areas of the Far North.

When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the provision of the above paragraph shall apply.

In accordance with paragraph.n. "b" p. 1 of Decree of the Government of the Russian Federation of July 18, 2002 N 537 for the early assignment of a retirement pension to workers employed in jobs with difficult working conditions, List No. 2 of productions, works, professions, positions and indicators with harmful and difficult working conditions, approved by the Resolution of the Cabinet of Ministers of the USSR of 01.26.1991 N 10.

Electric welders of manual welding (position 23200000 - 19906);

Gas cutters (position 23200000-11618).

At the same time, the position of the electric welder and gas welder is given without specifying the type of electric and gas welding - manual welding or automatic and semi-automatic welding.

Clause 5 "The list of documents required for establishing a retirement pension and a pension for state pension provision in accordance with the Federal Law" On Labor Pensions in the Russian Federation "and" On State Pension Insurance in the Russian Federation ", approved by the resolution of the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund Of the Russian Federation of 02.27.2002 N16 / 19PA, it was established that the application of a citizen who applied for the appointment of a retirement pension in accordance with Articles 27 and 28 of the Law of December 17, 2001 should be annexed to wife's documents confirming the experience in the relevant types of work.

According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 11.12. of the year “On the practice of courts reviewing cases related to the exercise of citizens' rights to labor pensions” in resolving disputes related to the establishment and payment of an old-age labor pension to citizens earlier than the generally established retirement age, in the interests of citizens and in order to prevent the worsening of the conditions for exercising the right to a pension the collateral on which they counted before the new legal regulation came into force (regardless of whether they developed a general or special length of service in whole or in part), Tazh giving the right to early assignment of an old-age labor pension may be calculated taking into account the legislation in force for the period of the performance of the relevant work and other socially useful activities, which allowed such periods to be counted in the length of service when assigning pensions on favorable terms (USSR Law of July 14, 1956 " On state pensions ", Law of the USSR of May 15, 1990" On pension provision of citizens in the USSR ", Law of the Russian Federation of November 20, 1990 N340-I" On state pensions in the Russian Federation "and adopted e according to them by-laws).

According to List No. 2 dated 01/26/1991 No. 10 (section ХХХIII "General professions"), the following shall enjoy the right to preferential pension provision:

Kurmaleev’s statement of claim partially satisfy.

To recognize Kurmaleev as an electric welder in the FaRaGa limited liability company of the Asekeyevsky district of the Orenburg region during the period from DD.MM.YYYY to DD.MM.YYYY for a full day.

The satisfaction of the rest of the claims of Kurmaleev to FaRaa limited liability company of the Asekeyevsky district of the Orenburg region shall be refused.

The decision can be appealed to the Orenburg Regional Court on appeal within a month from the day the court makes the decision in final form with the appeal through the Buguruslan District Court.

Referee: signature L.S. Grek

Court: