Replacement of milk for harmfulness with monetary compensation. Order to replace milk with monetary compensation

According to scientific research, milk is a unique product that helps eliminate toxins and increase the body's resistance to diseases.

That is why it was adopted at the legislative level normative act, providing for the issuance of milk compensation to workers who are employed, in the manner prescribed by law and taking into account the list of special harmful factors.

Legislative regulation

According to the standards specified in Article 222 of the Labor Code of the Russian Federation at each enterprise, in the presence of particularly harmful or hazardous factors Labor management of the company is obliged to ensure the issuance of dairy products to employees as compensation for working in conditions that deviate from hygienic standards, taking into account the agreed factors occurring at the work sites and positions held.

In particular, in Order of the Ministry of Health and Social Development of the Russian Federation No. 45n standards for the issuance of the specified product have been established and a list of hazardous factors has been approved, the presence of which requires the issuance of the specified product. After all, conditions can be harmful in many enterprises, but toxins or chemical fumes may not be present everywhere, which is why a list of certain factors is provided, the influence of which is mitigated by the consumption of dairy products.

Moreover, on the basis of the agreed norm, not only milk is issued, but also other products, the list of which is determined by law, namely Decree of the Government of the Russian Federation No. 168, and completely free for employees. After all, the law has established a norm according to which the responsibility for maintaining labor safety and compensating for harmful conditions is assigned to the employer, therefore, milk is issued at the expense of the enterprise.

Terms of service

In accordance with Federal Law No. 426, every company, regardless of its form of ownership, is required to conduct an assessment of places of work to establish employment conditions for workplaces, in particular, the presence of harmful factors that may affect the general performance of workers and their health in view development opportunities occupational diseases or injury.

If, according to the results of the assessment production processes, conditions of employment will be assigned 3 or 4 class, which implies particularly dangerous or harmful factors, the employer will be required to issue milk compensation to workers, but taking into account certain aspects. In particular, prerequisite delivery of milk is that the detected factors belong to the list of harmful factors specified in Order No. 45n. Also, in pursuance of the norms of Decree No. 168, the employee must occupy a position specified in the list of industries and positions approved by Order No. 46n.

That is, not all enterprises provide for compensation in the form of milk, and not all employees can receive food products in the presence of harmful factors. After all, the basis for providing dairy products, first of all, is harm to the body when working with chemical elements, therefore, in case of increased vibration or temperature conditions, the issuance of milk compensation will not be provided.

Issue norms

According to the norms enshrined in clause 4 of Order No. 45n, milk compensation should only be provided on the day of release worker to work and, accordingly, performing immediate duties in hazardous conditions. Milk must be dispensed during the shift or at the end of it in the size of half a liter. Moreover, provision of the agreed product based on the results of the month worked is not allowed, due to the fact that the employee must consume milk immediately after exposure to hazardous factors on his body or before.

Based on clause 5 of Order No. 45n, a worker working with non-ferrous metals, in particular aluminum or magnesium, is also entitled to 2 grams of pectin, which can be found in jellies, as well as juices and fresh fruits. Moreover, pectin is not given instead of milk, but together with it at the same time. However, if a worker interacts with the same aluminum constantly, the milk may be replaced by fermented milk products, which should be given out at the end of each shift, but fresh fruits are recommended to be consumed before the start.

In accordance with paragraph 6 of the specified order milk can be replaced special food, the list of which is specified in Order No. 46n and which includes fermented milk products, vegetables, and fruits, as well as bread, tea, along with meat or fish. And if the worker is engaged in the production of antibiotics, the supply of milk according to the agreed norm should be replaced with a special diet.

For example, for a shift worked, an employee is entitled to at least 70 grams of meat and 3 eggs, as well as 100 grams of sour cream and 90 grams of fresh vegetables, not to mention 100 grams of bread and 400 milliliters of tea, which, in general, is quite decent lunch rich in vitamins and amino acids. Or a worker can be given 500 grams of kefir or fermented baked milk, 100 grams of cottage cheese and 60 grams of cheese before his shift.

Issuance procedure

The conditions for the issuance of compensation milk were approved by Resolution No. 168, which states that the issuance of a specified product or a certain ration should be carried out only in premises specially designed for these purposes and meeting hygienic requirements, that is, in the same canteens or pantries.

Also, in accordance with the agreed norms, milk and fermented milk products must be issued only on the day he goes to work, and if the employee has worked less than the established shift norm, but more than half, he is entitled to milk, but if less than half, then no. Accordingly, the agreed product is not issued during vacation and sick leave, as well as while on a business trip or on weekends.

Another mandatory requirement is quality of products provided, which must comply with both GOSTs and the norms of Federal Law No. 88, according to which milk is only a natural product without the addition of water and preservatives. Also, in accordance with Order No. 45n, replacing compensation milk with other products, in particular sour cream or butter, is not allowed. And if, due to technological reasons It is impossible to deliver fresh milk to the enterprise; it can be replaced with a special ration, but only in agreement with the Trade Union and Rospotrebnadzor.

What products can replace milk?

According to the norms enshrined in clause 5 of Order No. 45n milk replacement fermented milk products or preventive nutrition, the diet of which is approved by Order No. 46n is allowed in accordance with the standards specified above. It is also allowed to replace the pectin contained in jelly products and canned food by issuing freshly squeezed vegetable and fruit juices with pulp, but in an amount of at least 300 grams per shift.

In accordance with paragraph 8 of Order No. 45n, milk can be replaced with other equivalent products with the consent of the employee himself, but only subject to agreement with the Trade Union Committee, which, in accordance with Article 373 of the Labor Code of the Russian Federation, must express its opinion in all legal relations related to the implementation labor activity and obtaining guarantees.

Also, replacing milk with a preventive diet is allowed only with permission from Rospotrebnadzor, whose responsibilities include monitoring the quality of food products, compliance with sanitary standards and hygiene requirements, as well as consumer rights.

Registration procedure

According to the norms prescribed in Article 222 of the Labor Code of the Russian Federation, the company’s management has the right to independently determine the procedure for providing dairy products, but taking into account the norms enshrined in legislation.

That is, to begin with it is required assess harmful factors in production through certification of places of work. Then make a list of employees who, due to the presence of certain factors and their position, have the right to receive milk or products that replace it.

Then you need issue an order indicating the conditions for the distribution of milk, in particular, the allocation of premises for the distribution of products, ration and quantity. It is also necessary to include in the collective agreement conditions for the provision of milk as compensation for employment conditions that deviate from the norm, and indicate that milk compensation is provided only on the days of starting a shift, for example, at the end of working day or during lunch break.

And to the employer a responsible person must be appointed for the purchase of milk and storage of this product, not to mention special food products. diet, because rules are also established for the storage and quality of products, implying compliance with sanitary and hygienic requirements.

After the publication of the above-mentioned documents, the payroll, in which each worker who received milk signs and on the basis of which a report on the consumed product is compiled. By the way, the output schedule also needs to be attached to the statement, because the person responsible for issuing milk should also know on what day the employee is entitled to milk compensation.

Cash compensation

In accordance with the norms enshrined in Article 222 of the Labor Code of the Russian Federation, the worker has the right if desired, replace the receipt of milk with a cash equivalent, but taking into account inflation and retail prices for this product at the location of the enterprise. Also, according to paragraph 2 of Order No. 45n, an employee can replace with money not only milk, but also the ration that is given to him in connection with work in special conditions, and again, the prices of the products must correspond to the retail price in the region.

Based on clause 3 of the Stipulated Order, compensation must be paid at least once a month and to receive it, the employee only needs to write an application. By the way, if a worker wishes to refuse compensation and receive food in kind, he only needs to write an application, and at any time, and not from the beginning of the month or other reporting period.

The distribution of milk and other products is carried out not only with the aim of increasing the working capacity of workers, but also with the aim of preventing the development of chronic and occupational diseases. After all, caring for the health of workers is not only the prerogative of the state, but also the responsibility of employers.

The rules for providing compensation to employees working in hazardous conditions are described in the following video:

Working in production with hazardous working conditions is hazardous to health. That is why employees in such organizations were prescribed at the legislative level.

The employment contract between the employer and the employee must indicate how harmful the production is and at what level compensation is provided.

General information

Money or monetary compensation

Since the law provides for the possibility of replacing the free provision of milk or other equivalent products with a cash equivalent, the employee, at his own discretion, has the right to write an application addressed to the employer to replace in-kind compensation with a compensation payment.

However, the basis for such a replacement is not only the employee’s application, but also the presence of a corresponding clause providing for such a possibility in the collective or employment contract.

As practice shows, the team makes decisions together, choosing one of two possible options by voting.

The employer does not have the right to impose one or another form of compensation for harmful working conditions on employees, just as he does not have the right to delay the delivery of milk or issue it in advance.

Payments of compensation funds are made at least once a month according to established schedule. Most often this is either on the day the advance is received or on the day of payment wages. Milk is dispensed according to a different scheme

Do you need information on this issue? and our lawyers will contact you shortly.

How is the calculation made?

According to the approved standards, the amount of compensation is calculated based on the average retail price in the region at the employer’s location for milk with a fat content of at least 2.5%. Moreover, the final amount of compensation directly depends on the number of days worked. For employees who receive equivalent food products instead of milk, the amount of compensation payment is established based on the cost of equivalent food products.

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.

That is, if in the region there is an indexation of the cost of milk or products replacing it, then the labor or collective agreement must contain a clause for changing the amount of compensation taking into account this indexation. If this clause is not provided for in the contract, then employees have the right to propose drawing up an additional agreement taking into account indexation.

Indexation is carried out in proportion to the increase in prices for milk and milk substitute products.

Where to learn about indexing

It is not necessary for an employee to independently monitor markets for changes in the cost of food and milk. It is enough to send a written request to the structural department executive body authorities at the place of duty.

The average response time is 10 business days.

An official response must be submitted to the employer in writing if indexation was not taken into account when calculating compensation.

The employer does not have the right to refuse a promotion if indexation has been carried out in the region. The right to receive a full financial payment by an employee is prescribed at the legislative level. Infringement of this right is illegal and punishable.

How compensation in kind is made


According to established standards, in 2019, all workers engaged in hazardous production can count on “payments” in kind.

In this case, the calculation is made exclusively for those days that the employee actually worked in conditions with harmful factors. The rate of free milk distribution is 0.5 liters per shift, regardless of the duration of the shift. If the time spent working in hazardous working conditions is less than the established duration of a work shift, milk is provided when work is performed in the specified conditions for at least half of the work shift.

Attention: milk or products that replace it are dispensed immediately after the work shift in a specially designated place that meets the established requirements and sanitary standards.

As a rule, this is a separate room (for example, a food block, a buffet or a dining room), where sanitization is carried out and food storage rules are observed.

Pectin and other products as compensation

Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 No. 245n stipulates that workers who come into contact with inorganic compounds of non-ferrous metals (except for aluminum, calcium and magnesium compounds) are given 2 g of pectin in addition to milk as part of food products enriched with it (for example, drinks, jellies, jams) , marmalades, juice products from fruits and (or) vegetables and canned goods). It is allowed to replace these products with natural fruit and (or) vegetable juices with pulp in an amount of 300 ml.

In case of constant contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium), fermented milk products or products for dietary (therapeutic and preventive) nutrition under hazardous working conditions are given instead of milk.

At the same time, the distribution of food products enriched with pectin should be organized before starting work, and fermented milk products - during the working day.

In addition, instead of fresh milk, workers involved in the production or processing of antibiotics are given fermented milk products enriched with probiotics (bifidobacteria, lactic acid bacteria) or colibacterin prepared from whole milk.

The legislator also draws attention to the fact that the replacement of milk with sour cream, butter, and other products (except for equivalent foodstuffs of equal value provided for by the standards for the free distribution of equivalent food products that can be issued to employees instead of milk) is not allowed, just as the issuance of milk or other equivalent products is not allowed. food products for one or more shifts ahead, as well as for past shifts, since the employee must consume milk immediately after exposure to hazardous factors on his body or before.

Milk can be replaced with equivalent food products, for example, kefir, yogurt, fermented baked milk with a fat content of up to 3.5%, cottage cheese with a fat content of up to 9%, cheese with no more than 24% fat content, and products for dietary nutrition under hazardous working conditions.

Employer's actions

The employer enters into a contract for the supply of products at his own expense.

The manufacturer does not play any role, since it is not the company that is inspected, but the final product. It must comply with the standards prescribed in the technical regulations.

Only in this case is the issuance of dairy products considered legal and legitimate. If a product does not comply with technical regulations or does not “meet” it in any respect, then this is considered a violation of the rights of employees engaged in hazardous production.

Who can apply for


An entry in an employment contract about harmful working conditions is not enough to receive compensation in kind.

In order for a person to receive the required amount of milk at the end of his shift, the employer is obliged to evaluate workplace and assign it a hazard class.

This indicator determines at what rate the employee will receive compensation and in what volume.

If this was not initially stated in the employment contract, then changes are made by drawing up an additional agreement. As a rule, such a procedure is required only for new positions or jobs in production.

If a person comes to a previously formed place, then the contract includes a clause on the assessment of harmfulness based on the assessment carried out in the past.

If the employer intends to pay in kind not in milk, but in a product replacing it, then this must be stipulated 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.

It should be borne in mind that employees receiving free therapeutic and preventive nutrition due to particularly harmful working conditions are not given milk or other equivalent food products.

How to get products

No additional actions are required on the part of the hazardous production worker to obtain the required products in natural form.

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.

An application for compensation in kind is not required.

Monetary compensation is declarative and voluntary, however, some organizations offer employees financial compensation on their own if they do not have specially equipped places for issuing dairy products.

This is not a violation, however, the employee’s right remains to demand compensation in kind.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

Latest changes

The procedure for issuing products that slow down the intoxication of the body has not undergone significant changes.

Moreover, scientific research has shown that some substances are not only not excreted by milk or its substitutes, but, on the contrary, are absorbed faster. That is why some organizations have abandoned the procedure for issuing such compensation in kind in favor of material additional payments.

All procedures are carried out only with the consent of employees, who, in most cases, prefer cash, not products. In this case, citizens choose their own preventive nutrition based on their personal preferences and health status.

Our experts monitor all changes in legislation to provide you with reliable information.

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February 16, 2017, 23:19 Aug 15, 2019 00:22

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

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

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.

Required information

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

The only thing that necessarily depends on the employer is regular medical examination for employees of a malicious institution, the results of which are reflected in the sick leave.

In addition to this, if, based on the results of work in hazardous production, a citizen is assigned the status of “Veteran of Labor,” additional funds are allocated from the budget to provide a subsidy.

Reasons for purchasing assistance

At what price is compensation for milk allowed for harmful conditions? Another question that interests employees of a company that is hazardous to health.

There is no exact figure for compensation; everything is calculated individually for each individual enterprise.

To receive assistance, the following grounds must be met:

  1. Permanent work on the territory of a harmful institution, which is officially recognized as such.
  2. Employment in an official manner in accordance with the current legislation of Russia, namely the Labor Code of the Russian Federation.
  3. Lack of other designated measures to provide assistance when working at a hazardous enterprise.
  4. Compliance by the employer with current legislation, namely laws related to work in hazardous industries.
  5. Regular medical examination and the ability to work in hazardous work due to health reasons.

To count on assistance in finding employment in a hazardous enterprise, all of the above conditions must be met.

Legislative framework

The settlement of a controversial situation related to compensation for damage from work in hazardous production is based on the following regulatory legal acts of the Russian Federation:

Federal Law No. 443 of December 28, 2013 "About the Basics" social services population"
Federal Law No. 143 of November 15, 1997 “On acts of civil status”
Federal Law No. 210 of July 27, 2010 “On the organization of the provision of state and municipal services”
Federal Law No. 426 of December 28, 2013 "ABOUT special assessment working conditions"
Labor Code of the Russian Federation Article No. 147 “Remuneration for workers employed in hazardous or hazardous enterprises”
Labor Code of the Russian Federation Article No. 222 “Distribution of milk and therapeutic and preventive nutrition”
Labor Code of the Russian Federation Article No. 117 “Annual additional paid leave for hazardous working conditions”

Based on this current legislation of Russia, for employees employed in hazardous enterprises, fringe benefits and privileges.

Rules for granting benefits

To provide benefits to employees of a malicious institution, there are certain rules for its registration. Let's take a closer look at how the privilege is formalized:

  1. When applying for employment in a hazardous enterprise, a special contract is concluded.
  2. The contract contains information regarding the procedure for providing incentives, namely the form of its provision.
  3. Further, annually or monthly, depending on the procedure for providing benefits prescribed in the contract, the employee must receive certain privileges from the employer.
  4. If this does not happen and the employer does not comply with the current legislation of the Russian Federation, an appropriate appeal should be made to the competent authorities.
  5. If an appeal to social protection of the population, the MFC or the labor inspectorate does not produce certain results, then an appropriate appeal is made to the court.
  6. The employer will be held accountable and obligated to pay all necessary assistance for working in a hazardous enterprise.

Such controversial issues rarely reach the court, since employers are more afraid of the labor inspectorate. Application form is available.

Photo: application to replace milk distribution with monetary compensation

Therefore, they provide benefits and privileges for working in hazardous production on their own; in extreme circumstances, they find other ways to resolve a controversial situation together with employees.

Procedure for filling out a sample application

An application addressed to the employer for financial assistance or other incentives for working in harmful working conditions is completed as follows:

  • personal information about the employee who submits the appeal;
  • name of the organization where the employee is employed;
  • details of the manager in whose name the corresponding application is being submitted;
  • the reason for requesting compensation for work in hazardous conditions;
  • the procedure for providing compensation, for example, in the form of monetary payment;
  • details for transferring funds – employee’s salary account;
  • the grounds on which compensation is due;
  • date of execution of the document, signature and transcript of the applicant.

After filling out, the sample document is handed over personally to the manager or his secretary. If the incentive is not provided within a month, you have the opportunity to contact the competent authorities.

A corresponding application is submitted there with demands for an investigation into the unlawful actions of the manager.

Does the cost of milk affect the calculation of compensation for harmfulness?

When employed in hazardous production, employees are entitled to the provision of dairy products or monetary incentives.

The amount of compensation is directly affected by the cost of the products to be provided.

Most often, employers use the cheapest dairy products, which are purchased from the manufacturer at wholesale prices.

In order to find out the amount of compensation, you need to know the cost of products from the supplier. In this case, the calculated cost is multiplied by the number of days worked in the month.

The final amount is not subject to taxation. It is a separate charge for hazardous working conditions and is transferred separately from wages.

How to apply for a replacement form in cash currency

Employees of a hazardous enterprise have the right to request that the employer replace the allocation of dairy products with a monthly compensation payment.

For this purpose, a corresponding application is submitted to the manager. The following information is reflected here:

  1. Information about the employee who makes the appropriate appeal to the management of the hazardous enterprise.
  2. Necessary information about the organization where the employee who receives dairy products monthly is employed.
  3. Information about the manager in whose name the request to change the method of compensation is written.
  4. Grounds for filing a corresponding application with the head of a hazardous enterprise.
  5. A request to replace the provision of dairy products with an appropriate monetary payment.
  6. The feasibility of applying this type of change in compensation for harmful working conditions.
  7. The date the document was drawn up, as well as the signature and transcript of the person interested in changing the option for providing benefits.

After completing the document, it is transferred directly to the manager or his secretary. After which the request is granted or rejected if there are appropriate reasons.

Is it subject to insurance premiums?

Compensation for damages for harmful working conditions is not subject to taxation, since this is not another form of making a profit, but compensation for damage caused to health due to harmful working conditions.

In order for the tax service not to regard this as additional profit, it is necessary to draw up an additional agreement with the employer, which reflects information about the replacement of compensation for dairy products with the provision of a material payment.

When submitting tax reports, this document must be presented to the executive authority of the Federal Tax Service.

According to current legislation, employees who work in unhealthy conditions have the right to free milk. The standards for issuing and the list of harmful factors were approved by the Order of the Ministry of Health and Social Development of the Russian Federation in 2009. This Order also regulates the norms according to which milk is replaced with monetary compensation.

It is much easier for managers to issue money than milk, which needs to be purchased, transported, stored, and even organized where it is consumed. And for some workers this option is more acceptable. In this case, difficulties may arise as to how to properly document this.

The first and main condition for replacing milk with monetary compensation is consent from the employee. The possibility of replacement must be specified in the collective agreement. If there is no such item, you need to make appropriate changes.

In accordance with the requirements of legislation in the field of labor protection in enterprises with hazardous working conditions, the employee must write statements. See below for an example of such a statement.

To the Director of Rassvet LLC

Ivanov I.I.

from the x-ray technician

Petrova P.P.

STATEMENT

In accordance with the Order of the Ministry of Health and social development RF 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.

ORDER No.__________

On replacing the free supply of milk to workers engaged in work with hazardous working conditions with a compensation payment

Based on written statements from employees entitled to free receipt 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 supply 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 size of the compensation payment is taken to be equivalent to the cost of milk with a fat content of 2.5% in retail trade in the Moscow region.

5. The amount of compensation should be established on the basis of monthly information on average retail prices for milk provided by the department of state statistics for the city of Moscow.

6. Accounting - payment of compensation should be made once a month for the time actually worked, according to the provided time sheets.

7. Entrust control over the execution of the order to occupational safety specialist S.S. Sidorova.

Director I.I. Ivanov

Some LLC health and safety officials wonder where to start when considering compensation. In this case, we recommend that you carefully study Appendix No. 2 to the Order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n. If you have studied it, but still have difficulties, we bring to your attention a quote from it:

4. 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.

5. 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 on the territory of the administrative unit of the constituent entity of the Russian Federation based on data from the competent structural unit executive authority of a constituent entity of the Russian Federation.

This process in our country occurs as follows. You must enter into an agreement with the Rosstat department, accordingly, with which the latter must provide information on the average purchase prices for milk in your locality with a fat content of at least 2.5%. Every month you should receive a letter, properly formatted, indicating the current prices. The statistical service is a paid service, you will have to pay for it, but you will be sure that you are doing everything according to the law.

According to from Part 1 Art. 222 Labor Code RF and Order N 45n the issuance of milk or other products, upon a written application from the employee, can be replaced by a compensation payment in an amount equivalent to the cost of milk or other products, if this is provided for by the collective agreement and (or) the employment contract.

In this case, the collective agreement in the section “Occupational Safety and Health” or “Guarantees and Compensation for Employees” must provide that

The employer undertakes:
- on days of actual employment in jobs with hazardous working conditions, provide employees with free milk (in the amount of 0.5 liters per shift, regardless of its duration) or other equivalent food products;
- dispense milk at the organization’s buffet;
- upon a written application from the employee, replace the delivery of milk with monetary compensation;
- 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 the city of Taganrog;

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 and are included in the collective agreement. If the employer does not have a representative body of employees, then such data is included in the employment contracts concluded with employees.

Upon conclusion employment contract necessary o introduce a clause on replacing milk with a compensation payment.

sample Employment contract with an employee (extract)Employment contract N 87-2010/TD

Society with limited liability“Vodvor” (LLC “Vodvor”), represented by director Vladimir Yuryevich Rozgin (hereinafter referred to as the Employer), acting on the basis of the Charter, and Natalya Petrovna Kuskina, hereinafter referred to as the Employee, have entered into this agreement as follows.

5. Guarantees and compensation for employees.
5.1. 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 Taganrog;
8. Signatures of the parties

from Employer: Rozgin V.Yu Rozgin

Director ------ --------
(manager (signature) (signature transcript)
organizations)

from Workers:
Chairman of the primary Velikiy P.I.Velikiy
trade union organization —————– ————————
(position) (signature) (signature transcript)

Sample application from an employee to replace milk with monetary compensation.

Employee's application for replacement of milk with monetary compensation

To the Director of VoDvor LLC
V.Yu Rozgin
packer
Serdobolina Lev Sidorovich

Statement

I ask you to replace my daily milk supply with monetary compensation from September 3, 2010 in accordance with clause 5.1 of the collective agreement of VoDvor LLC dated August 3, 2010, clause 5.1 of the employment contract N 111-2010/TD dated June 16, 2010.

Serdobolin L.S. Serdobolin
02.08.2010

Sample order to replace milk with monetary compensation.

Order to replace milk with monetary compensation Limited Liability Company “Vodvor”
VoDvor LLC Order No. 98-ok

On replacing milk distribution with monetary compensation

Having considered the statement of Lev Sidorovich Serdobolin dated 08/02/2010,

I order:
1. Replace packer Lev Sidorovich Serdobolin with the daily supply of milk with cash compensation from September 3, 2010.
2. Accountant S.B. Kotikova to 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. Serdobolin
03.09.2010
Kotikova S.B. Kotikova
03.09.2010
Korovin S.A. Korovin
03.09.2010

The procedure for such replacement is established by P 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.

It must be remembered that:
- Compensation payments must be made at least once a month.
The compensation payment is indexed in proportion to the increase in prices for milk and other products in retail trade at the employer’s location.