Replacement of milk with cash compensation in 2020, how to apply


Replacement of milk with cash compensation: how to apply?

1 tbsp. 222 of the Labor Code of the Russian Federation, that if an organization has a collective agreement, then the possibility of replacing milk with monetary compensation should be provided for both in it and in the employment contract with each employee working in hazardous working conditions? Or should this norm be read as follows: the possibility of replacement must be provided for in at least one of the documents: either in the collective agreement or in the labor agreement?

The question is quite interesting and difficult.

We asked experts in the field of labor law to answer this question.

Complex logical judgments consist of several simple propositions interconnected by logical unions.

Logic distinguishes, in particular, two logical unions:

  1. dividing conjunction (disjunction) or.
  2. connecting conjunction (conjunction) and;

Disjunction (from Lat. Conjunction (from Lat. conjunctio - union, connection)

Sample document:

Employment contract with an employee (extract)

Labor contract N 111-2010/TD

Limited Liability Company Athena (Athena LLC), represented by General Director Alexander Konstantinovich Degtyarev (hereinafter referred to as the Employer), acting on the basis of the Charter, and Konstantin Nikolaevich Leskov, hereinafter referred to as the Employee, have entered into this agreement as follows.

4. Guarantees and compensation for the employee.

4.1. The employer undertakes:

— on days of actual employment in jobs with hazardous working conditions, provide the Employee with free milk (in the amount of 0.5 liters per shift, regardless of its duration) or other equivalent food products;

— replace the delivery of milk with monetary compensation upon a written application from the Employee;

- calculation of monetary compensation is carried out monthly based on the average cost of milk with a fat content of at least 2.5% or other equivalent food products in retail trade in Moscow;

How can I replace the milk supply with cash compensation?

Let's say more.

disjunctio - disjunction, difference) - one of the logical operations; reflects the use of the conjunction or in logical deductions in the sense of “either this, or that, or both at once.”

Nowhere in the world, with the exception of the CIS countries, are any special diets used to prevent occupational diseases, and nowhere are workers given vitamins, much less milk, for this purpose. An international policy on workers' nutrition was formulated by the League of Nations back in 1936.

based on the results of a study of the nutrition of workers in Europe and North America.

It was then recognized that the high prevalence of undernutrition and malnutrition among workers was due not only to economic reasons and insufficient income, but also to ignorance and inefficient use of available resources.

In recent years, voluntary initiatives by employers have been developing in Western countries to provide workers with free fruits and vegetables during the working day. These initiatives reflect an understanding of the main threats to the health of workers, among which the leading ones, as in Russia, are chronic non-communicable diseases.

Order for compensation for milk for harmfulness sample

Employees whose positions are listed in Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 No. 46n have the right to receive milk for the harmfulness of their profession.

This right, in particular, is given to workers in chemical production, mining, electrical engineering, pharmaceutical plants and other hazardous activities.

The basis for labeling milk as harmful is exceeding the maximum permissible values ​​of harmful factors. The fact of excess must be confirmed by the results of a special assessment of working conditions or certification of workplaces.

It occurs as a result of an assessment of the harmful effects that accompany a particular workplace. According to current legislation, compensation is due exclusively on those days when the employee directly performs his labor functions (i.e., milk is not issued during sick leave, vacation, or business trips).

Replacement of milk with monetary compensation

This aspect must be reflected in the employment contract, indicating the volume of milk and similar products, therapeutic and preventive nutrition, which the employee is entitled to free of charge.

When registering for milk dispensing, you must adhere to the following rules:

  1. Milk or products equivalent to it are given to the employee for each day (shift) of his work in fact;
  2. Milk and dairy products must comply with the standards established by Federal Law No. 88-FZ of June 12, 2008;
  1. It is advisable for employees of antibiotic processing plants to replace milk with fermented milk products;
  2. The issuance is carried out in a room specially designated for this purpose with sanitary and hygienic conditions that meet the requirements;
  3. It is not allowed to give out milk over several shifts or replace it with sour cream or butter.
  4. Each employee is given 0.5 liters of milk, regardless of how long his shift lasts (even if the working day is shortened);
  5. According to established standards, pectin-containing products are issued before the start of the working day, milk and fermented milk products - during or after the shift;
  6. Employees of enterprises in contact with non-ferrous metals are required to additionally receive products containing pectin (juice, fruits, jam, vegetables, salads, etc.), at least 2 grams per working day;

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The rules for issuing special food and compensation have been changed

Since June 2, 2009, new norms and rules for the distribution of milk and products replacing it, as well as the payment of monetary compensation instead of milk, have been in effect. The procedure for issuing special food has also undergone changes. Let's look at the main innovations...

Rules for the issuance of milk and equivalent products So, the current rules and conditions for the free issuance of milk and products replacing it, the procedure for making monetary compensation payments in return for the issuance of milk, the list of harmful production factors under the influence of which milk and its substitutes rely, are determined by the order of the Ministry of Health and Social Development of Russia dated February 16 2009 No. 45n. Although this regulation is new, some rules remain the same. As before, milk must be dispensed on days of actual employment in jobs with hazardous working conditions, and the amount of milk dispensed is 0.5 liters per shift, regardless of its duration. Milk should be distributed in buffets, canteens or in specially equipped rooms. The quality of milk supplied must comply with the rules established by Federal Law No. 88-FZ of June 12, 2008 “Technical Regulations for Milk and Dairy Products”. That is, milk should only be natural, whole, without any additions to it. True, its fat content is not specified by the rules. It is not permitted to dispense milk or milk substitutes one or more shifts ahead, or for past shifts. However, unlike the old rules, the new rules do not contain a ban on the sale of milk at home. Previously, replacing milk with equivalent products was allowed if milk distribution was not possible. This condition has now been removed. There remains the condition of consent to the replacement of workers and the primary trade union organization or other representative body of workers. Note: to replace dairy products, you must obtain a positive conclusion from Rospotrebnadzor (previously issued by the Russian Ministry of Health). Now you cannot replace milk with sour cream, butter and other products (except for equivalent ones provided for in Appendix No. 1 to Order No. 45n). The list of equivalent products has become less detailed*. But it now provides products for dietary (therapeutic and preventive) nutrition, which are established in a conclusion authorizing their use. The enterprise (taking into account the opinion of the trade union) is released from the obligation to issue dairy products to employees if the provision of safe working conditions is confirmed by the results of certification of workplaces and the conclusion of a state examination of working conditions. RULES FOR PAYMENT OF MONETARY COMPENSATION IN REPLACEMENT OF MILK REQUIRE CLARIFICATION Replacement of milk with monetary compensation is permitted by Federal Law No. 224-FZ of October 1, 2007, but its procedure was specified only in 2009 in Order No. 45n. Compensation is paid at least once a month. When replacing milk with money, its fat content is limited - at least 2.5 percent. The amount of payment is assumed to be equivalent to the cost of milk or equivalent food products in retail trade at the employer’s location. The specific amount of compensation payment and the procedure for its indexation are established by the employer, taking into account the opinion of the trade union or other representative body of employees. This data is included in the collective agreement, and in the absence of such a body - in employment contracts. Indexation of compensation payments is made in proportion to the increase in prices for milk and other equivalent food products in retail trade. However, the question arises: where will employers and inspectors regularly obtain and how can they document information about retail prices for milk and the increase in these prices in the territory of their administrative unit? Who and in what order should conduct such marketing research, and then somehow average the prices set by sellers at various retail outlets for many types of milk in different packages, with different expiration dates, fat content, from different manufacturers, with different markups, etc. d.? There are no answers to the questions posed. That is, the procedure for applying Order No. 45n requires at least clarification from its developers. As for the taxation of such payments, accountants also face difficulties here. More on this later. TAXATION OF COMPENSATION Let us note that if some costs can be assigned simultaneously to several groups of expenses with equal grounds, then the enterprise has the right to independently determine which group it will assign them to (clause 4 of Article 252 of the Tax Code of the Russian Federation). As for cash payments in exchange for milk, they can be taken into account, in accordance with paragraph 3 of Article 255 of the Tax Code of the Russian Federation, as compensatory charges related to work hours and working conditions. You can also use paragraph 25 of Article 255 of the Tax Code of the Russian Federation - other types of expenses incurred in favor of the employee, provided for by an employment or collective agreement. However, it should be borne in mind that the presence of harmful working conditions must be confirmed by the results of workplace certification. Otherwise, it will not be possible to write off the compensation paid as expenses when taxing profits. The source of financing for such payment will be net profit. Let us recall that the procedure for preparing and conducting certification of workplaces was approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569. Unified social tax. Compensation payments within the limits of the norms associated with the free provision of food and products are not subject to UST. The basis is subparagraph 2 of paragraph 1 of Article 238 of the Tax Code of the Russian Federation. Monetary compensation related to the performance of work duties by an individual is also preferential under the Unified Social Tax. Contributions to the Pension Fund and accident insurance contributions. Exemption of monetary compensation from the unified social tax allows you not to pay pension contributions, since these accruals have a single object of taxation and tax base (clause 2 of article 10 of the Federal Law of December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation”). Federation"). Regarding contributions for accident insurance: there is a direct rule in paragraph 11 of the List of payments for which insurance premiums are not charged to the Federal Social Insurance Fund of the Russian Federation (approved by Decree of the Government of the Russian Federation of July 7, 1999 No. 765). According to this clause, the cost of milk or other equivalent food products issued to employees in accordance with the legislation of the Russian Federation, as well as therapeutic and preventive nutrition provided free of charge according to established standards, or, in appropriate cases, monetary reimbursement of the costs of their acquisition, is discounted. Personal income tax. According to paragraph 3 of Article 217 of the Tax Code of the Russian Federation, all types of compensation payments established by the legislation of the Russian Federation within the limits of the norms, in particular, related to the performance of labor duties by the employee, are not subject to personal income tax. Therefore, cash compensation in exchange for milk is not subject to this tax. This is precisely the conclusion contained in the letter of the Ministry of Finance of Russia dated August 1, 2007 No. 03-03-06/4/104. Please note that the presence of harmful conditions for tax benefits must be confirmed by certification. Otherwise, you will have to withhold personal income tax from the compensation paid, which will automatically be recognized as the employee’s income. Are the working conditions particularly harmful? Special nutrition is required. Order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 46n approved: a list of industries, professions and positions in which work gives the right to receive free therapeutic and preventive nutrition; rations and rules for free distribution of the specified food, including vitamin preparations. Let us note that there are not many changes in the standards regulating the provision of therapeutic and preventive nutrition. Let's highlight the following. The list of particularly hazardous industries has been changed. It has been shortened somewhat. And in diets, in particular, clarifications have appeared regarding the fat content of dairy products. A number of additional provisions related to particularly hazardous work carried out on a rotational basis have been introduced. For hard-to-reach regions in the absence of canteens, specialized rotational rations are introduced. Increased employer responsibility. Previously, it was prohibited to issue food for the past time and monetary compensation for food not received on time. Now this rule applies, with the exception of cases of non-receipt of food due to the fault of the employer. The procedure for compensating employees for not receiving therapeutic and preventive nutrition in a timely manner must be developed taking into account the opinion of the trade union and included in the collective (labor) agreement. Innovations also affected the rules for providing special food to working mothers. Now women who work in particularly hazardous conditions are entitled to free medical nutrition not only for the period of maternity leave, but also for the period of leave to care for a child under the age of one and a half years. If a pregnant employee was transferred to “light work” before maternity leave, then special food is given to her until the end of maternity leave for a child under the age of one and a half years (and not until the end of maternity leave, as was the case before). Let us note that before the approval of Order No. 46n, such a norm was in force. When transferring a woman who had a child under one and a half years old to an easier job, she was entitled to medical nutrition (it had to be given until the child was one and a half years old). Now there is no such provision in the law. The rules for dispensing therapeutic food at home in the form of ready-made meals and shift rations have been changed. It is allowed to be delivered to employees and women during maternity leave and childcare leave under the age of one and a half years (including pregnant women transferred to “light labor”) who cannot receive therapeutic and preventive nutrition in the canteen, buffet, or other point nutrition due to health status or remoteness of place of residence. Medical nutrition is provided at home during periods of temporary incapacity for work or disability due to an occupational disease. It requires relevant certificates from the employer’s health service, and in its absence, from the territorial bodies of Rospotrebnadzor.

How to arrange for milk replacement with cash compensation?

Compensation payments must be made at least once a month (clause 3 of the Procedure). In accordance with clause 4 of the Procedure, the specific amount of compensation payment and the procedure for its indexation are established by the employer, taking into account the opinion of the primary trade union organization or other representative body of employees and are included in the collective agreement.

If the employer does not have a representative body of employees, these provisions are included in employment contracts concluded with employees.

It should also be noted that the indexation of compensation payments is made in proportion to the increase in prices for milk and other equivalent food products in retail trade at the employer’s location in the territory of the administrative unit of a constituent entity of the Russian Federation based on data from the competent structural unit of the executive authority of the constituent entity of the Russian Federation (clause 5 of the Procedure). Thus, monetary compensation for

In what cases are employers required to pass off milk as “harmful”?

Milk or other equivalent food products are provided by the employer free of charge to employees engaged in work with hazardous working conditions (Article 222 of the Labor Code of the Russian Federation). However, they must be issued according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Currently, there are Standards and conditions for the free provision of milk or other equivalent food products to employees engaged in work with hazardous working conditions, which can be issued to employees instead of milk, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 No. 45n (hereinafter referred to as Order No. 45n, Rules and conditions).

Free milk or other equivalent food products are provided to employees only on those days when employees are actually engaged in work with hazardous working conditions due to the presence of harmful production factors in the workplace (clause 2 of the Norms and Conditions).

The rate of free milk distribution is 0.5 liters per shift, regardless of its duration. Milk is issued when working in hazardous working conditions for at least half of the work shift (clause 4 of the Norms and Conditions).

Milk should be provided on the day when work is performed in hazardous working conditions. Milk must be provided and consumed in buffets, canteens or premises specially equipped in accordance with sanitary and hygienic requirements. Dispensing milk for one or more shifts in advance, as well as for past shifts, is not allowed (clause 7 of the Norms and Conditions).

Instead of milk, the employee may be given equivalent food products, the list and norms for issuance of which are given in Table 1 of the Norms and Conditions. In particular, equivalent food products include fermented milk products (for example, kefir), yogurt, cheese, cottage cheese, products for dietary (therapeutic and preventive) nutrition under hazardous working conditions. The issuance of other products is not provided for by the legislation of the Russian Federation.

Instead of issuing milk or other equivalent food products, the employee may receive a compensation payment (part 1 of article 222 of the Labor Code of the Russian Federation, clause 10 of the Norms and Conditions). The payment rules are provided for by the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, approved by Order No. 45n.

The amount of compensation payment is accepted as equivalent to the cost of milk with a fat content of at least 2.5% or equivalent food products in retail trade at the employer’s location in the territory of an administrative unit of a constituent entity of the Russian Federation. For employees who receive equivalent food products instead of milk, the amount of compensation payment is established based on the cost of such products.

The specific amount of compensation payment and the procedure for its indexation are established:

In a collective agreement - in the presence of a primary trade union organization or other representative body of workers

In an employment contract concluded with an employee - in the absence of these bodies in the organization. If the payment is established after the conclusion of the employment contract, it is necessary to conclude an additional agreement to it

If a compensation payment is established in a collective agreement, in order to receive it, the employee must submit a written application to the employer to receive the compensation payment.

Here is a sample application from an employee to replace milk distribution with a compensation payment.

Order to replace milk with monetary compensation 2020

If the employer does not have a representative body of employees, then such data is included in the employment contracts concluded with employees. When concluding an employment contract, it is necessary to include a clause regarding the replacement of milk with a compensation payment.

Taganrog; 8. Signatures of the parties.

Director —————— ———————— manager signature transcript of the organization’s signature.

Great trade union organization —————— ———————— position signature transcript of signature.

Sample application from an employee to replace milk with monetary compensation. Yu Rozgin packer Serdobolin Lev Sidorovich. I ask you to replace my daily milk supply with monetary compensation from September 3.

Sample order to replace milk with monetary compensation. I order: 1. To replace the packer Serdobolin Lev Sidorovich with the daily distribution of milk with cash compensation from September 3 to Accountant S. Make the specified payment on the 20th of each month.

How to Replace Milk with Cash Compensation?

Let's look further.

I entrust control over the execution of the order to the head of the labor protection department S.

Appendix No. 2 to the Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 No. 45n PROCEDURE FOR IMPLEMENTING COMPENSATION PAYMENT IN AN AMOUNT EQUIVALENT TO THE COST OF MILK OR OTHER EQUIVAL FOOD PRODUCTS 1. In accordance with (Collection of Legislation of the Russian Federation, 2002, No. 1 (ch.

I), art. 3; 2006, No. 27, art. 2878; 2007, No. 41, art. 4844) the provision of milk or other equivalent food products to employees according to established standards can be replaced, upon written statements by employees, with a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for by a collective agreement and (or) an employment contract. 2. The amount of compensation payment is accepted as equivalent to the cost of milk with a fat content of at least 2.5% or equivalent food products in retail trade at

Commissioner for Human Rights in the Tver Region

According to the amendments made to the Labor Code of the Russian Federation at the end of 2007, workers engaged in work with hazardous working conditions, upon their application, instead of free milk or other equivalent food products, can be paid compensation in an amount equivalent to the cost of milk or other equivalent food products , if this is provided for by the collective agreement and (or) employment contract.

Decree of the Government of the Russian Federation of March 13, 2008 N 168 “On the procedure for determining the norms and conditions for the free issuance of therapeutic and preventive nutrition, milk or other equivalent food products and making compensation payments in an amount equivalent to the cost of milk or other equivalent food products”

Order to replace milk with monetary compensation

Then, based on this statement, the director issues an order, and the required change is made to the employment contracts with employees or the collective agreement (if milk distribution is provided for in it).

After this, from the established date, instead of dairy products, the staff receives a compensation payment in monetary terms. By law, compensation must be equivalent to the average cost of dairy products of a certain percentage of fat content in the region in which the enterprise operates.

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Moreover, over time, the amount is subject to change, depending on inflation processes.

Typically, in order to track these indicators, companies enter into a separate agreement with Rosstat, which issues an official certificate on the cost of milk every month. The calculation of compensation payments is made, as a rule, in the payroll program and, accordingly, the amount of compensation is included in the total amount of remuneration.

How to indicate compensation for milk distribution in an employment contract

It is possible to replace the provision of milk to an employee with monetary compensation. However, this can only be done on the basis of a written application from the employee.

,
and
,
in addition, it is necessary that the procedure for such payment be enshrined in the organization’s Collective Agreement or in the employee’s employment contract.
4. The rate of free milk distribution is 0.5 liters per shift, regardless of the duration of the shift. If the time of work in hazardous working conditions is less than the established duration of the work shift, milk is issued when work is performed in the specified conditions for at least half of the work shift (the clause was supplemented by Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 N 245n - see the previous edition).

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Order on the issuance of milk for harmful working conditions

It occurs as a result of an assessment of the harmful effects that accompany a particular workplace. Classes 3 and 4 are considered the most harmful and it is for them that “milk” is issued as compensation.

It should be noted that not all employees of the organization in which they are established have the right to receive milk and lactic acid products, but only representatives of those professions that are directly affected by negative circumstances. According to current legislation, compensation is due exclusively on those days when the employee directly performs his labor functions (i.e.

During sick leave, vacation, or business trips, milk is not issued).

Moreover, if an employee works half a shift, then dairy products will not be issued to him.

The standard compensation amount is half a liter of milk per day, and its quality must be high; the use of products containing water, substitutes, preservatives, flavorings, etc. is unacceptable.

Is it necessary to indicate in monthly orders the amount of compensation for harmful milk?

dated _______________________ (date) I order: 1. Replace ____________________________________________ (employee position, full name) daily milk supply with monetary compensation with “___” _________20___. 2. Accountant _________________ (full name) calculate the amount of compensation based on the average cost of milk (fat content of at least 2.5%) in retail trade in the city.

_____________. 3. Make the specified payment on the _______ day of each month. 3. I entrust control over the execution of the order to the head of the labor protection service _________________________. (Full name) General Director ____________________ ________________ (signature) (Full name) The order has been read: Details in the materials of the Personnel System: 1. Answer: How to replace the issuance of milk to an employee with a compensation payment Grevtseva O.V.

In writing, instead of milk or other equivalent food products, he may receive a compensation payment (,).

Get compensation and benefits

Kotikova, calculate the amount of compensation based on the average cost of milk (fat content of at least 2.5%) in retail trade in the city of Taganrog.3. Make the specified payment on the 20th of each month.4.

I entrust control over the execution of the order to the head of the labor protection department S.A. Korovin Director Rozgin V.Yu. Rozgin The following have been familiarized with the order: Serdobolin L.S. Serdobolin09/03/2010 Kotikova S.B. Kotikova 09/03/2010 Korovin S.A. Korovin 09/03/2010 The procedure for such replacement is established by Appendix No. 2 to Order No. 45n.

In accordance with the above document, the amount of compensation payment must be calculated based on the cost of milk with a fat content of at least 2.5% or equivalent products in retail trade at the employer’s location.

On the replacement of free milk distribution to employees

See below for an example of such a statement. Director of Rassvet LLC I.I. Ivanov from X-ray technician Petrov P.P.

In accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 No. 45n, I ask you to replace the distribution of milk for work in hazardous working conditions with a compensation payment. Date Signature Full name The next step towards resolving the issue will be an order that looks something like the one shown below.

Based on written statements from employees entitled to free milk, in accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 No. 45n, I ORDER: 1. Replace the free provision of milk to employees engaged in work with hazardous working conditions with a compensation payment.

2. Compensation payments to employees should be calculated according to the approved list (Appendix 1 to this order). 4. The amount of compensation payment should be taken as equivalent to the cost of milk with a fat content of 2.5% in retail trade in the Moscow region.

5.

Harmful working conditions: milk or monetary compensation

Article 222 of the Labor Code of the Russian Federation establishes that in jobs with hazardous working conditions, workers are given free milk or other equivalent food products according to established standards, and in jobs with particularly hazardous working conditions, therapeutic and preventive nutrition is provided free of charge according to established standards.

When replacing milk or other equivalent food products, as well as therapeutic and preventive nutrition, issued to employees engaged in work with harmful and especially harmful working conditions, with equivalent monetary compensation, this goal is lost, which is confirmed in the above regulations, where such replacement is prohibited.

As practice shows, the team makes decisions together, choosing one of two possible options by voting. In most cases, the choice remains in favor of material payments rather than in-kind payments.

Payments of compensation funds are made once a month according to the established schedule. Most often this is either on the day the advance is received or on the day the salary is paid. Milk is distributed according to a different scheme.

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Milk and its substitute products are established by law as compensation for harmful working conditions.

Order on replacing the free supply of milk to employees engaged in work with hazardous working conditions with a compensation payment ORDER No. “On replacing the free supply of milk to employees engaged in work with hazardous working conditions with a compensation payment” Based on written statements from employees entitled to free receipt of milk, in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009.

No. 45n, I ORDER: 1. Replace the free supply of milk to workers engaged in work with hazardous working conditions with a compensation payment. 2. Compensation payments to employees should be calculated according to the approved list (Appendix 1 to this order). 4.

per liter, according to the actual time worked under the harmful effects of production.”

If the employer intends to pay in kind not in milk, but in a product replacing it, then this must be stated in the employment contract along with the results of the assessment and the established norm. Otherwise, substitutions are unacceptable and are a violation of the employee's rights.

How to receive products The employee does not need to do anything to receive the required products in kind. The employer is obliged to independently assess the workplace and establish a standard, focusing on accepted standards and recommendations.

If he did not do this, the employee has the right to insist on such a procedure in writing. There is no requirement to apply for in-kind compensation in 2020.

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And:

  • During outpatient treatment of occupational diseases;
  • Employees who became disabled during the year due to an occupational disease;
  • Employees who were transferred to another job due to an occupational disease, for a period of up to one year;
  • Employees who are on leave for labor and labor to care for a child.

Financial compensation is not provided for therapeutic and preventive nutrition. Its issuance may cease due to cancellation in agreement with the trade union department or if, as a result of the certification of workplaces, the Specialized Labor Union recognized them as safe and completely acceptable for work.

The compensation payment is indexed in proportion to the increase in prices for milk and other equivalent food products in retail trade at the location of the employer in the territory of the administrative unit of the constituent entity of the Russian Federation based on data from the competent structural unit of the executive authority of the constituent entity of the Russian Federation. 1.

Receive from employees who want to replace milk distribution with monetary compensation a written statement with a corresponding request. 3. Issue an order to replace milk distribution with monetary compensation.

That's all.

Order to replace milk with monetary compensation. 2020 sample

Then, based on this statement, the director issues an order, and the required change is made to the employment contracts with employees or the collective agreement (if milk distribution is provided for in it). Attention: After this, from the established date, instead of dairy products, the staff receives a compensation payment in monetary terms.

Amount of compensation By law, compensation must be equivalent to the average cost of dairy products of a certain percentage of fat content in the region in which the enterprise operates.

  1. Labor legislation
  2. Compensation payments
  3. Harmful, dangerous, difficult working conditions

The provision of milk and therapeutic and preventive nutrition to employees of enterprises with hazardous working conditions is established by legislative acts of the Russian Federation.

How to receive compensation for milk in Russia in 2020

Currently, there is a certain number of malicious industries on the territory of the Russian Federation.

Working in hazardous enterprises involves providing employees with certain benefits and incentives. One such compensation is the allocation of a dairy product on a regular basis. In addition to the allocation of certain products, such enterprises are entitled to provide special benefits and longer vacations.

Is it acceptable to replace milk distribution with monetary compensation and is a regional coefficient calculated?

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These questions are often of interest to employees of hazardous enterprises. The nature of the reimbursement depends on the relevant order of the employer and the stipulated conditions of compensation for harmful work. Here the wishes of the employee are not taken into account, but the provision of certain privileges personally by the employer in accordance with the Labor Code of the Russian Federation is taken into account.

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