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Ministry of Justice

Republic of Tajikistan 

 On September 3, 2020 No. 500

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 27, 2020 No. 458

About the Procedure for determination of the increased compensation on hard work, works with harmful and especially harmful working conditions

According to Article 148 of the Labor code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for determination of the increased compensation on hard work, works with harmful and especially harmful working conditions it (is applied).

2. Irrespective of pattern of ownership and type of activity to provide to the ministries, departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination, the companies, organizations and other organizations accomplishment of this Procedure within the provided means of the government budget, at the expense of own means, and also other sources which are not prohibited by the legislation of the Republic of Tajikistan.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of August 27, 2020, No. 458

Procedure for determination of the increased compensation on hard work, works with harmful and especially harmful working conditions

1. General provisions

1. The procedure for determination of the increased compensation on hard work, works with harmful and especially harmful working conditions (further - this Procedure) establishes classification, assessment of working conditions on workplaces and rules of determination of the increased compensation on hard work, works with harmful and especially harmful working conditions.

2. Provisions of this Procedure extend to the companies, organizations and other organizations, irrespective of pattern of ownership and type of activity (further - the company).

2. Classification of working conditions on workplaces

3. Working conditions on degree of harm of danger are subdivided into 4 classes:

1) the first class optimum working conditions are working conditions under which impact on the worker of harmful and (or) dangerous production factors is absent or the level of impact of which do not exceed the level established by standard rates (hygienic standard rates) of working conditions and accepted as safe for the person and prerequisites for maintenance of high level of efficiency of the worker are created;

2) second class admissible working conditions are working conditions under which the worker is influenced by harmful and (or) dangerous production factors which level of impact does not exceed the level established by standard rates (hygienic standard rates) of working conditions, and the changed functional condition of organism of the worker is recovered during the regulated rest or by the beginning of the next working day (change);

3) the third class harmful working conditions are working conditions under which the level of impact of harmful and (or) dangerous production factors exceeds level, established by standard rates (hygienic standard rates) of working conditions, including:

- the first subclass - working conditions under which the worker is influenced by harmful and (or) dangerous production factors after which impact the changed functional condition of organism of the worker is recovered, as a rule, in case of longer than prior to the beginning of the next working day (change) the termination of impact of these factors and increases risk of damage of health;

- the second subclass - working conditions under which the worker is influenced by harmful and (or) dangerous production factors which level of impact is capable to cause the permanent functional changes in the worker's organism leading to emergence and development of initial forms of the occupational diseases or occupational diseases of easy severity (without loss of professional working capacity) arising after long exposition (fifteen and more years);

- the third subclass - working conditions under which the worker is influenced by harmful and (or) dangerous production factors which level of impact is capable to cause the permanent functional changes in the worker's organism leading to emergence and development of occupational diseases easy and moderate severity (with loss of professional working capacity) in the period of labor activity;

- the fourth subclass - working conditions under which the worker is influenced by harmful and (or) dangerous production factors which level of impact is capable to lead to emergence and development of severe forms of occupational diseases (with loss of general working capacity) in the period of labor activity;

4) the fourth class dangerous working conditions are working conditions under which the worker is influenced by harmful and (or) dangerous production factors which impact level during all working day (change) or its part is capable to create threat of life of the worker, and consequences of impact of these factors cause high risk of development of acute occupational disease in the period of labor activity.

4. In case of elimination of harmful production factors and improvement of working conditions on workplace, the certifying commission under the terms of work makes the decision on the transfer of the corresponding types of hard work, works with harmful and especially harmful working conditions to work categories with normal working conditions.

3. Assessment of condition of working conditions on workplaces

5. Working conditions of all workplaces of the companies are subject to obligatory certification. According to rules of carrying out certification of workplaces under the terms of work evaluating working conditions tool, laboratory and ergonomic (measurement of influence of harmful factors on production, intensity of the performed works, weight of the lifted freights and others) is provided by methods of researches.

6. Assessment of actual state of working conditions on degree of harm and danger is made according to hygienic standard rates of assessment of working conditions on indicators of harm and danger of factors of the production circle, weight and intensity of labor process on the basis of comparison of results of measurements of all dangerous and harmful factors of the production circle, weight and intensity of labor process to the hygienic standard rates established for them. Based on such comparisons the class of working conditions, both for each factor, and for their combination and combination, and also for workplace in general is determined.

7. In case of certification of workplaces under the terms of work all dangerous and harmful production factors which are available on workplace (physical, chemical, biological), weight and intensity of work are subject to assessment.

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