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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 27, 2015 No. 258

About approval of the Regulations on procedure for establishment of surcharges for hard work and works with harmful or dangerous working conditions and Standard list of works with special working conditions (hard work, works with harmful, dangerous and other special working conditions, works with special climatic conditions)

(as amended on 29-08-2022)

For the purpose of regulation of procedure for establishment of surcharges for hard work and works with harmful or dangerous working conditions, according to Articles 164 and 224 of the Labor code of the Kyrgyz Republic the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure for establishment of surcharges for hard work and works with harmful or dangerous working conditions according to appendix 1;

- The standard list of works with special working conditions (hard work, works with harmful, dangerous and other special working conditions, works with special climatic conditions) according to appendix 2.

2. To the ministries, the state committee and administrative departments of surcharge for hard work and works with harmful or dangerous working conditions to make within the means provided in the republican budget.

3. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About the compensation applied in special conditions" of March 25, 2002 No. 161;

- the order of the Government of the Kyrgyz Republic "About entering of amendment into the order of the Government of the Kyrgyz Republic of March 25, 2002 No. 161 "About the compensation applied in special conditions" of January 6, 2004 No. 4;

- the order of the Government of the Kyrgyz Republic "About entering of amendments into the order of the Government of the Kyrgyz Republic of March 25, 2002 No. 161 "About the compensation applied in special conditions" of March 17, 2004 No. 178;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of March 25, 2002 No. 161 "About the compensation applied in special conditions" of December 19, 2006 No. 863;

- Item 36 of the order of the Government of the Kyrgyz Republic "About modification and amendments and recognition voided some decisions of the Government of the Kyrgyz Republic" of August 27, 2007 No. 377;

- item 4 of the order of the Government of the Kyrgyz Republic "About approval of the Regulations on compensation of workers of health care of the Kyrgyz Republic" of May 26, 2011 No. 246;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About the compensation applied in special conditions" of March 25, 2002 No. 161" of May 28, 2014 No. 285.

4. This resolution becomes effective after fifteen days from the date of official publication.

Acting as Prime Minister

J. Otorbayev

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of April 27, 2015 No. 258

Regulations on procedure for establishment of surcharges for hard work and works with harmful or dangerous working conditions

1. This Provision determines procedure for establishment and cancellation of surcharges for hard work and works with harmful or dangerous working conditions according to Article 224 of the Labor code of the Kyrgyz Republic.

2. Surcharge for hard work and works with harmful or dangerous working conditions (further - surcharge) is established according to the list of workplaces with heavy, harmful, dangerous or other special working conditions.

3. The list of workplaces with heavy, harmful, dangerous or other special working conditions (further - the List) is provided in the collective agreement or in the separate document approved by the employer in coordination with trade-union or other representative body of workers according to the Standard list of works with special working conditions (hard work, works with harmful, dangerous and other special working conditions, works with special climatic conditions), after carrying out certification of workplaces.

4. The list is reviewed annually, taking into account the held complex organizational and technical events for improvement of conditions and labor protection for reduction of workplaces in compliance with requirements of the existing health regulations and regulations.

5. Certification of workplaces will be organized and carried out by the employer, by creation of certifying commission.

6. Quantitative and members of certifying commission, and also the schedule and procedure for carrying out certification are determined and affirm the employer.

Certifying commission representatives of employer, the labor protection specialist, representatives of elected body of primary trade-union organization or other representative body of workers, specialists of authorized state body in the field of sanitary and epidemiological surveillance are included.

As representatives of employer the structure of certifying commission can include heads of structural divisions of the organization, lawyers, HR specialists, specialists in work and the salary, chief specialists of the organization, health and other workers. The certifying commission is headed by the representative of employer.

7. Results of certification of workplaces are used for further carrying out complex of organizational and technical actions for improvement of conditions and labor protection for reduction of workplaces in compliance with requirements of the existing health regulations and regulations, and in case of impossibility of improvement of conditions and labor protection of reasons and establishment of surcharges to official pay rates of workers.

8. The amount of surcharge is established as a percentage of official pay rate, depending on degree of harm of working conditions, but at least 15 percent at works with heavy and harmful working conditions and at least 30 percent - at works with especially harmful or dangerous working conditions.

9. Surcharge is established to workers if they are engaged at hard work, at works with harmful or dangerous working conditions and at works with impact of ionizing radiation at least 50 percent of working hours, according to the order of the head.

10. Heads and specialists of shops, sites and productions where more than a half of workers receive surcharges for special working conditions, in case of stay at least 50 percent of working hours in these shops, on sites and productions have the right to establishment of surcharge.

11. To the workers allowed to temporary fulfillment of duties on positions on which surcharge is established surcharge it is made only for the period of replacement.

12. In cases of elimination of harmful production factors and improvements of working conditions on workplaces, the certifying commission makes the decision on the translation of the corresponding work types from work category with especially heavy and especially harmful working conditions in work category with heavy and harmful working conditions or works with normal working conditions.

13. In case of transfer of works to work category with heavy and harmful working conditions the size of the established allowance decreases, in case of transfer to normal working conditions the allowance is cancelled according to the order of the employer.

Appendix 2

Approved by the Order of the Government of the Kyrgyz Republic of April 27, 2015, No. 258

Standard list of works with special working conditions (hard work, works with harmful, dangerous and other special working conditions, works with special climatic conditions)

1. Exploration and land works

§1. Work types with heavy and harmful working conditions

1. Auto repair works.

2. Drilling of prospecting wells on oil and gas.

3. All types of field geological surveys and exploration works.

4. Production and conversion of nonmetallic construction materials.

5. Forge and press works.

6. Laboratory works:

- the microscopic analysis using toxic immersion liquids and ultra-violet light sources;

- assay analysis;

- sample preparation;

- chemical analysis.

7. Paintings in the enclosed space using nitropaints, varnishes and toxic solvents.

8. Open mining operations at the operational, experienced mountain companies under construction.

9. Handling works.

10. Underground mining operations.

11. Work in crushing shops on processing of geological tests.

12. Prospecting drilling on solid and liquid minerals and underground waters.

13. Repair of the prospecting and electrotechnical equipment.

14. Repair of the equipment installed on sites of the operating productions.

15. Welding works.

16. Land works.

17. Cargo transportation at exploration works.

18. Cold processing of metals.

19. Shops of covering of metals and enameling.

2. Mining and metallurgical industry

§1. Work types with heavy and harmful working conditions

1. Drilling-and-blasting works, leave, transportation and transferring of explosive materials, blasting agents.

2. Crushing and packaging of lime.

3. Charging and cleaning of rechargeable batteries.

4. Fixture of excavations.

5. Metal working.

6. Transportation of ore, breed and concentrates on cars.

7. Superficial works on the prevention and suppression of the underground fires, decontamination of coal plans, drilling of exploratory technical wells.

8. Product acceptance of non-ferrous metallurgy.

9. Production of rare-earth elements by chemical method from radioactive rare-earth raw materials.

10. Production of the titan and rare metals.

11. Washing of details and nodes in the course of precision etching.

12. Work in administrative and household buildings of mines, mines:

- production baths, shower;

- washing, drying, darning of overalls;

- cleaning of rooms.

13. Work of the crane operators occupied on hot melting furnaces.

14. Works in rooms of compressor and ventilating installations of mine surfaces.

15. Works in experimental and research laboratory in production of the titan and rare metals.

16. Works on electric furnaces and settlers, on servicing of dust and gas collecting installations, pot operators of water solutions.

17. Works on recovery and chemical processing of semiconductor materials.

18. Works on cultivation of monocrystals and tapes.

19. Works on production of mercury and complex ores in underground conditions.

20. Works on charging, cleaning, washing and leave of lamps (lamps) in case of ore production by underground method.

21. Works on control of receipt of rare metals.

22. Operation on sewage treatment, repair and operation of the store industrial drains.

23. Works on loading, transportation and delivery of ore and breed in underground conditions.

24. Works on receipt of rare metals and antimony.

25. Works on preparation of furnace charge of semiconductor materials.

26. Works on carrying out x-ray analyses.

27. Works on oxygen production.

28. Works on separation and recovery of rare-earth elements on furnaces by thermal method.

29. Works on repair and equipment maintenance of process of epitaxial building-up.

30. Works on epitaxial building-up of monosilicon.

31. Works when conducting open mining operations in case of operation and construction of pits, and also on mountain mine surface and in geological exploration.

32. Development of fields of ferrous and non-ferrous metals and other minerals for metallurgical production.

33. Works in case of construction of mines, mines, the mines, pits.

34. Works with mercury.

35. The works connected with delivery of materials, the equipment, the fixing wood, rise and descent of people, freights, ores.

36. The works connected with carrying out chemical analyses of ores, concentrates and finished goods on control of products of enrichment.

37. The works connected with airing of excavations, fire-proof, and antidust actions.

38. Repair and servicing of the mining equipment and mountain and capital developments.

39. Repair and equipment maintenance, pumping units.

40. Slivka and pouring of metal.

41. Electrowelding, electro-gas welding works at concentrating factories, in underground conditions on industrial sites and in case of open-pit mining of ores.

§2. Work types with especially heavy and especially harmful working conditions

42. Mine-rescue works.

3. Coal industry

§1. Work types with heavy and harmful working conditions

1. Drilling-and-blasting works on coal mines and cuts, leave, transportation and transferring of explosive materials, blasting agents.

2. Mountain (underground, open) works on coal production, in case of construction, reconstruction, modernization and capital repairs of mines and cuts.

3. Charging and cleaning of rechargeable batteries.

4. Fixture of underground excavations.

5. Adjustment and repair of the mining and career equipment, auto repair works.

6. Transport and dump works on cuts and in mines, handling works.

7. Transportation of overburden breed (weight) on cars.

8. Superficial works on the prevention and suppression of the underground fires, decontamination of coal layers, drilling of exploratory technical wells.

9. Work in administrative and household buildings of mines, mines:

- production baths, shower;

- washing, drying, darning of overalls;

- cleaning of rooms.

10. Works in rooms of compressor and ventilating installations of mine surfaces.

11. Work at the central concentrating factories (CCF) and mechanical sortings according to conversion and shikhtovka of coal.

12. Works on charging, cleaning, washing and leave of lamps (lamps) in case of coal production by underground method.

13. Works on quality control of the extracted coal.

14. Works on loading, transportation and delivery of coal and breed at underground and open works.

15. The works connected with airing of excavations, fire-proof and antidust actions.

16. Repair and servicing of mountain and capital developments and pumping units.

§2. Work types with especially heavy and especially harmful working conditions

17. Mine-rescue works.

4. Oil-extracting industry

§1. Work types with heavy and harmful working conditions

1. Cooking of bitumen, asphalt mastic.

2. Conducting engineering procedure of dehydration, obessolivaniye and stabilization of oil with selection of wide fraction of light hydrocarbons according to production schedules of installations. Preparation of solutions of deemulgator and alkali, dosage of fresh water. Zashchelachivaniye of unstable gasoline. Obessolivaniye, dehydration, conversion and distillation of sulphurous oils and gases (with content 0,5 and more percent of sulfur), in thermal and catalytic krekirovaniye of the products received from sulphurous oils and gases.

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