The employer must organize periodic medical examination of their employees, and drawing up a list of contingents is a critical part of this process. Since this document contains a list of positions subject to mandatory professional examinations, personnel department or the labor protection service must know who should be included in the lists, how to draw them up and where to send them. In order to avoid problems with inspectors, we give a sample of a contingent of persons subject to periodic medical examinations.
The procedure for conducting medical examinations is regulated federal law dated November 21, 2011 No. 323, by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n, as well as Article 213 of the Labor Code of the Russian Federation. In accordance with these regulatory legal acts, the professional examination is carried out at the expense of the employer, and the employee retains his average monthly salary.
How to make a list of contingents
This is the first stage of preparation for a medical examination, and the medical board is guided by it when drawing up criteria for assessing the health of employees. Based on the content of the Order, for its execution it is necessary to identify harmful production factors and types of work according to the staffing table.
The algorithm of actions in compiling the contingent of workers subject to periodic medical examinations is as follows:
- It is recommended to first draw up a list of the contingent, and then by name, but many do the opposite. To facilitate the procedure, personnel officers often first form a surname list of all employees of the enterprise, and on its basis they compile a list of names of persons subject to periodic medical examinations.
- A list of all professions in the organization is compiled, focusing on Appendix No. 2 to Order No. 302n.
- For each profession, harmful factors and jobs are indicated, in accordance with Appendix No. 1 to the Order, in order to determine the list of professions subject to periodic medical examinations. To determine which factors need to be indicated for each specific job, you can use the results of job attestation, the program production control or last year's contingents. If you have employees for whom there is no harmful factors and jobs, in the contingents for a given profession, the corresponding cells should be left empty. Such workers may not be sent for medical examination.
- Approval by the head of the organization.
- Sending the list to Rospotrebnadzor at the actual location of the organization within 10 days after its approval by the employer (paragraph 21 of the Order).
Be sure to receive and keep a note that you really sent contingents to Rospotrebnadzor (signature, incoming number and stamp of the office, mail notification, etc.).
Sample contingent of employees for a budgetary organization
Since the current legislation does not establish a unified form of the list, you can develop your own.
Who should have a medical examination
IN Labor Code and the Order, you can also find a list of professions subject to periodic medical examinations. These are employees under the age of 21, as well as those who work:
- in harmful and dangerous production;
- on high-altitude work;
- in transport (drivers, machinists, etc.);
- in the field of catering;
- in educational and children's institutions;
- in pharmaceutical, medical and sanitary facilities (spas, saunas and laundries);
- in beauty salons that provide hairdressing and cosmetology services;
- in the cleaning service;
- in the field of water supply;
- at livestock enterprises and poultry farms.
The list is open, and the employer, in agreement with subordinates, can organize regular medical examinations for any other professionals.
The legislator also establishes the frequency of such medical examinations, which depends on working conditions and is detailed in Appendix No. 1 to the Order. On average, the listed categories of workers should be examined at least once every 1-2 years.
Responsibility
In the event that the employer ignores its obligation to compile the list and does not provide it to supervisory authority, this will be regarded as a violation of the law in the field of ensuring the sanitary and epidemiological welfare of the population. For this offense, Article 6.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability:
- For officials- from 500 to 1000 rubles;
- For individual entrepreneurs- from 500 to 1000 rubles or an administrative suspension of activities for up to 90 days;
- for legal entities - from 10,000 to 20,000 rubles or an administrative suspension of activities for up to 90 days.
An important indicator of the organization's activity is its payroll number of employees. This is the number of people working in it on a certain date or period; starting point for determining the average headcount - a value widely used for statistical purposes and taxation.
Regulatory regulation
The above indicators are prescribed by law and regulations in these areas.
The main issues of determining the headcount and composition are regulated in:
- the current Instructions on the statistics of the number and wages workers and employees in enterprises, institutions and organizations, approved. September 17, 1987 by the USSR State Statistics Committee (hereinafter referred to as the Instruction);
- Order of Rosstat dated 03.08.2015 N 357, which approved the form of the statistical report 57-T (hereinafter - Order No. 357), and other orders.
It also determines who and in what time frame should submit the specified reporting.
List of employees
To determine the number of employees, their payroll is first determined.
The payroll includes all employees of the organization who are employed in it on a given date or period, with some exceptions. At the same time, each employee is taken into account in it only once and as one unit; both those who actually work and those who are absent from work are included.
The number of employees on the payroll must comply with the information contained in the time sheet.
Part-time workers and some other categories are excluded from the payroll.
Some categories of workers included in the payroll, in average headcount do not include, for example, those on parental leave (clause 14 of the Instructions).
Staff list of employees
Based staffing and the payroll of the employees of the organization, a document such as the payroll is issued.
It is one of those that are formed when documenting the same type managerial functions various organizations, regardless of their form of ownership and other factors. Its compilation is prescribed by paragraph 74 of section 1.2 of the List, approved by Order of the Ministry of Culture of Russia dated 08.25.2010 N 558, which also establishes the terms for storing such documents.
Sample staff list of employees
The formation of a list of participants in an LLC can occur at any stage of the organization's activities. This document is information about all participants in the LLC, the distribution of shares in authorized capital organization, as well as those shares that belong to the company. This also includes information about the entry-exit of participants, the movement of shares, etc.
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Document Role
The purposes of creating a list of participants in an LLC can be very different - ranging from notifying the participants of the company about the general meetings and the distribution of profits between them up to the confirming function (including the fact that this citizen or organization is a member of the company).
List of "founders" or "participants"
There is a small but important nuance in the name of the document: the list should not concern the founders, but the members of the company. The difference between them is that founders- these are persons or organizations that made the decision to create a society and actively participated in this process. A participants are considered to be entities that became part of the company in the course of its further activities.
Other sources of information about LLC (in terms of participants)
Information about the founders and participants of the LLC can be obtained not only from the list compiled by the company itself, but also from the Unified State Register of Legal Entities.
The state register contains complete and detailed information about the activities of each organization registered in Russia, including limited liability companies.
Who is eligible to be a member of an LLC
In accordance with the law Russian Federation can act as a member of an LLC individual, having or not having the citizenship of our country, as well as a legal entity registered or unregistered in the territory of the Russian Federation (with some exceptions).
The receipt or transfer of a share can also be carried out in various ways:
- directly at the formation of society;
- acquisition of a share or shares as a result of the execution of purchase and sale transactions;
- through inheritance;
- by transferring a share to the company due to the withdrawal of one of the participants.
What documents are the list based on?
The main documents that certify the right of the subject to the share of a participant in a limited liability company are - share transfer agreements(notarized) and extracts from the Unified State Register of Legal Entities.
Who creates and maintains the list
Compiling and maintaining a list of participants in an LLC may be the responsibility of one of its participants, or official functions any of the employees: legal adviser, secretary, etc.
In any case, this should be a person who has gained access to the company's constituent papers, who knows how to use the state register (information from which is publicly available) and who has an idea of how to form this document.
How to make a list of participants sample
To date, there is no strict unified form list of LLC participants, i.e. representatives of organizations and enterprises have every right to draw up this document in any form or, if the organization has a developed and approved template, according to its model. There are only two conditions that must be met without fail: in its structure, the list form must comply with certain office work standards, and in content it must include a number of specific data.
In the "cap" document, it is necessary to indicate its name, the name of the company, the list of participants of which is being compiled, the date of formation of the form.
Then in the main part some details need to be given:
- full and abbreviated name of the organization;
- date and number of state registration;
- legal address (all this and further information must be provided in full accordance with the constituent documents of the company);
- information about the authorized capital and changes associated with it;
- data on the number of participants (registered and retired);
- information about the shares owned by the company.
Next part The list is usually formed in the form of a table. It includes:
- participant status (individual/legal entity);
- name (if we are talking about a citizen) / name (if we are talking about an enterprise);
- passport data (series, number, date, place of issue) / data on legal entity(TIN, KPP, OGRN, etc.);
- address (place of residence according to the passport) / location (legal);
- Contact Information;
- the size of the share in the authorized capital (specific amount and percentage);
- information about the alienation of shares to third parties.
Final part The document concerns the shares owned by the company and their movement. It is also presented in the form of a table. At the end, the form is signed by the director of the organization (it can be either one of the participants in the company or an employee).
Subtleties and nuances in the design of the form
The design of the list, as well as its content, can be arbitrary: the document can be printed on a computer or handwritten on the company's letterhead or on a regular sheet of any convenient format (better, of course, A4 letterhead).
Only one rule must be observed unchanged: the list must be certified by the "live" signature of the director of the organization or the person acting as his (and the use of facsimile autographs is unacceptable).
The need to put a seal on a document arises only when the norm for the sighting of papers with the help of stamp products is fixed in the internal legal acts enterprises.
The list of participants in a limited liability company is compiled in one original copy, but if necessary, you can make in the right amount and its certified copies.
Information about the formation of the list is entered into a special register, and if the list is required for presentation to any third-party institution, it is also entered into the journal of outgoing documentation.
