Changes in labor legislation and insurance premiums. Guarantees, benefits, compensation

The seminar is intended for managers and employees of HR services, chief accountants, lawyers, executives and HR managers.

In a programme:

Draft amendments to the Labor Code and the Code of Administrative Offenses in 2012:

  • Personnel leasing is beyond the scope of tax, labor and migration legislation;
  • Not only the court, but also the labor inspectorate will be able to recognize the existence of an employment relationship between the parties;
  • Foreign workers will have equal rights with citizens of the Russian Federation in the field of labor relations;
  • The project tightens the requirements and increases the grounds and amounts of fines for evading the conclusion of an employment contract and the use of outsourcing;
  • From December 1, mandatory Russian language training for foreign workers was introduced;
  • It is planned to make changes to the social insurance of individual workers in 2013.

Changes adopted to the Labor Code of the Russian Federation in 2012.

  • Mandatory verification of employee experience for the last 2 years. Notifications at the place of last service. Fines for failure to notify.
  • New requirements for employees of state corporations.

Changes made to the Law “On Employment”.

  • Changes in legislation in the constituent entities of the Russian Federation on employment issues. Judicial practice on quotas in the regions. New regulations for quota inspections. Changes in quotas for foreign workers and the procedure for terminating an employment contract in connection with these changes.
  • Quotas of jobs for disabled people and other protected categories of workers. Admission (refusal to hire) a disabled person taking into account the rehabilitation program. Dismissal of disabled people under clause 8, part 1, art. 77 Labor Code.
  • Participation of employers in advanced training of laid-off workers.

Responsibility of employers and officials for violations of labor legislation. New powers of labor inspectors.

  • Administrative practice of bringing to responsibility - fines, suspension of the employer's activities, disqualification.
  • Features of conducting inspections taking into account the Federal Law of December 26, 2008 No. 294-FZ in 2012. New inspection bodies: Rossvyazkomnadzor, which has been monitoring compliance with legislation on personal data since January 1, 2009; new requirements for working with personal data in 2012.
  • New regulations for inspections of GIT and Roskomsvyazbnadzor.
  • New obligations of the employer to inform Employment Centers and provide information to the State Labor Inspectorate.

Terms of the employment contract.

  • New requirements for labor function (name and job description). Changes in the scope of work, additional payments for additional work, taking into account judicial practice.
  • Minimum official salary, minimum wage - changes in size and composition in 2012.
  • Possibility of revising the employee’s wage structure and/or official salary
  • Changes in the amount of additional payment for work with information constituting a state secret.
  • Changes in legislation on hazardous professions.
  • Requirements, sanctions and analysis of judicial practice on the provision of guarantees and compensation for work in hazardous conditions. Judicial practice 2012.
  • Payment for night work, taking into account changes adopted in July 2008.
  • New in providing guarantees to those working in the Far North and similar areas. Judicial practice 2012.
  • New calculation of working hours.
  • Rules for payment of compensation for housing.

Remuneration - acceptance of change.

  • New procedure for additional payments for work with state secrets.
  • Compensation for non-working holidays.
  • Payment for work on holidays under any working hours. The procedure for attracting, calculating payment or granting time off.
  • Cash compensation for delayed payment of wages - stricter requirements.
  • Changes in the rules for calculating insurance experience
  • Changes in calculating average earnings
  • New procedure for payment and registration of certificates of incapacity for work.
  • New procedure for medical examinations.

New legislation on business trips and business trips.

  • Analysis of adopted amendments, changes in the procedure for processing business trips.

Changes made in 2008 (March, May 2008) to the procedure for registering a work book.

  • Selecting the basis for dismissal, making a record of dismissal (termination of contract), familiarizing the employee with the record of dismissal, certifying the record with the organization’s seal.

Vacations - vacation schedule, its changes.

  • Dividing vacation into parts, rescheduling vacation. New Holiday Convention from 9 September 2011.
  • Calculation of the period for which the next vacation is granted.
  • A new procedure for documenting when granting leave without pay and recalculating the period for which annual leave is granted - changes adopted in July 2008 by the Constitutional Court on the application of Article 325 of the Labor Code in the extra-budgetary sphere.

Occupational Safety and Health.

  • New procedure for workplace certification (for HR employees) from September 1, 2011.
  • Workplace certification card as a basis for including mandatory conditions in an employment contract.
  • Interaction and submission of information to the labor inspectorate in connection with new requirements.
  • New rules for providing workers with personal protective equipment.
  • New standards for the issuance of milk and other products, rules for replacing the specified guarantees with monetary compensation.
  • A new list of works to ensure therapeutic and preventive nutrition.
  • New procedure for medical examinations in some industries.

Termination of the employment contract. Analysis of new judicial practice.

  • Reduction of staff - analysis of emerging judicial practice. Mass layoffs, notifications to employment authorities and trade unions, the difference between staff reduction and workforce reduction, taking into account the preferential right to remain at work.
  • The Constitutional Court on the abolition of guarantees for members of elected representative bodies of a trade union upon dismissal and disciplinary sanctions.
  • Constitutional Court on the labor rights of parents with children.
  • Registration of dismissal. Abuse of workers' rights (concealment of the fact of incapacity for work and membership in a trade union).

Cost of participation in the seminar is 9900 rubles, including VAT.

DISCOUNTS: With the participation of two or more employees from one company, discounts on payment are provided: 2 people - 10%, 3 people or more - 15%.

The cost of training includes: teaching material, lunches, coffee breaks, course certificate of completion of training on this topic.

Location: Moscow, Victoria Plaza business center, st. Baumanskaya 6, building 2, five minutes from Baumanskaya metro station. All participants are sent a detailed map of how to get to the seminar.

One of the most significant changes to the current labor legislation is the new minimum wage (hereinafter referred to as the minimum wage) from January 1, 2018. To date, the law on increasing the minimum wage since 2018 has not yet been adopted. Currently, bill 274625-7 is under consideration in the State Duma. It seems logical that in 2018 the law on increasing the minimum wage will be adopted, and all employers will take into account the new minimum wage. Thus, from January 1, 2018, the minimum wage will be 9,489 rubles (instead of 7,800 rubles today). It is expected that, starting from 2019, the minimum wage will be determined annually based on the subsistence level of the working population in the Russian Federation as a whole for the second quarter of the previous year. Article 133 of the Labor Code of the Russian Federation strictly regulates the issue of establishing the minimum wage; any violations will be punishable by penalties.

In the future, the minimum wage will reach 100% of the subsistence level. In this regard, it is worth noting that the Labor Code of the Russian Federation initially provides for the condition that the minimum wage should be equal to the subsistence level of the working population.

However, the state was unable to ensure the implementation of this rule in a timely manner and introduced a procedure for a gradual increase in the minimum wage (Article 421 of the Labor Code of the Russian Federation). Accordingly, it is assumed that by 2019 the transitional conditions will no longer be in effect, and the minimum wage will correspond to the Labor Code of the Russian Federation and will be calculated from the subsistence level.

! The monthly salary of an employee who has fully worked the standard working hours and fulfilled the labor standards cannot be less than the established minimum wage.

! Working in the Northern regions, coefficients and bonuses are always calculated above the minimum wage.

“Minimizing the risks” of paying overtime work at the request of the employee

Today, employers have questions and disputes regarding payment for work on weekends and holidays. Hours beyond normal hours on weekends and holidays do not need to be counted as overtime. They are required to pay at least double the amount. There is no need to pay time and a half for the extra two hours as overtime. For example, a standard day is 8 hours, and an employee worked 10 hours on a holiday. The company will pay them double.

Labor legislation now contains clear wording: work on weekends must be paid only for hours actually worked. This also applies to business trips.

In practice, cases arise when an employee tries to recover additional money from the Company, just as he worked on the instructions of the company on weekends.
Recommendation: The company is not obliged to pay extra for voluntary withdrawal; please refrain from this procedure. The employee must provide significant evidence that he worked on the instructions of the company. This is confirmed by judicial practice.

If an employee worked several hours on weekends, only the actual hours worked are paid at double rate.

Clarification from the legislator regarding part-time work

The legislator eliminates the inaccurate wording regarding part-time and part-time work. From June 29, 2017, both modes can be considered part-time.

Previously, in understanding the legal norm, companies had uncertainty regarding the establishment of part-time work or weeks: “For workers working part-time (shift) and/or part-time work week, the normal number of working hours during the reference period is reduced accordingly.” The “or” created ambiguity. Companies believed that only one mode could be installed. But this is incorrect, the code allows for a combined work schedule (parts 5–7 of article 74, part 3 of article 104 of the Labor Code of the Russian Federation). The judges think so too. The norm, which caused a lot of controversy and uncertainty, has been changed. The company has the right to establish both a part-time and a week at the same time.

Some comments and clarifications:

Dear customers, please remember that the company is obliged to establish part-time working hours at the request of the following persons:

1) An employee who is caring for a sick relative;

2) parent, guardian, trustee of a child under 14 years of age or a disabled person under 18 years of age;

Things to remember: For an employee working on a part-time basis, an irregular working day can be established only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift).

Labor inspections in 2018, the “range of capabilities” of the inspector

On January 1, 2018, a Government Decree comes into force, which makes a significant change in the procedure for implementing federal state supervision in the field of labor.

Some comments and clarifications: The activities of legal entities and individual entrepreneurs who are employers fall into the following risk categories depending on the indicator of the potential risk of harm to legally protected values ​​in the sphere of labor (life and health of workers, labor rights of workers associated with non-payment of wages and other payments on time carried out within the framework of labor relations), determined in accordance with paragraph 2 of this norm:

a) high risk - if the indicator of the potential risk of harm to legally protected values ​​in the world of work is 1 or more;

b) significant risk - if the indicator of the potential risk of harm to legally protected values ​​in the world of work is from 0.99 to 0.75;

c) average risk - if the indicator of the potential risk of harm to legally protected values ​​in the world of work is from 0.74 to 0.5;

d) moderate risk - if the indicator of the potential risk of harm to legally protected values ​​in the world of work is from 0.49 to 0.25;

e) low risk - if the indicator of the potential risk of harm to legally protected values ​​in the world of work is less than 0.24.

2. The value of the indicator of the potential risk of harm to legally protected values ​​in the world of work (P) is determined by the formula:

T is an indicator of the severity of the potential negative consequences of possible non-compliance by legal entities or individual entrepreneurs with mandatory requirements;

Ku is the stability coefficient of conscientious behavior of legal entities and individual entrepreneurs related to the fulfillment of mandatory requirements.

This is how labor inspections now use a risk-based approach. Now you can find out how often to expect labor inspections. This depends on the degree of risk assigned by labor inspectors. You can view your risk on the Rostrud website in the Inspection Plans section. There are a total of five risk levels (listed above). The risk category of a company is affected by accidents, salary arrears, fines, staffing, etc. The level of risk determines how often the company will be inspected (see table below).

Comments on changes: When conducting a scheduled inspection, the GIT inspector cannot expand the subject of the inspection. It is limited to the questions included in the checklists (checklists) (clause 8

State labor inspectors will use such sheets during inspections of all employers, including individual entrepreneurs.

Checklists for routine inspection include lists of questions on the most important requirements of labor legislation, as well as regulations containing labor law standards.

From January 1, 2018, checklists will begin to be used when conducting scheduled inspections of organizations and individual entrepreneurs classified as moderate risk, and from July 1, 2018 - to all others (clause 2 of the Decree of the Government of the Russian Federation of September 8, 2017 N 1080). You can find out whether an organization is classified as a moderate risk by contacting Rostrud through a request (clause 13 of the Risk Category Rules). But before sending a request, you can check on the official website of Rostrud whether the organization is classified as a high or significant risk (clause 21 of the Regulations on labor supervision).

The forms of checklists with specific lists of questions are approved by Order of Rostrud dated November 10, 2017 N 655. The order is being registered with the Ministry of Justice.

Recommendations: The company has the right to reduce its personal risk level, thereby reducing the frequency of inspections. If your company does not fall on any list, the risk is not significant, however, an unscheduled inspection by State Tax Inspectorate employees is possible, for example, if an employee files a complaint against the company.

Rostrud inspectors will check the accessibility of jobs for people with disabilities

Companies that are obliged, in accordance with current legislation, to organize workplaces for people with disabilities will be subject to inspection by Rostrud employees.

A comment: In Moscow, for employers with more than 100 employees, the quota size (mandatory jobs is 2%).

The corresponding changes were made to the Decree of the Government of the Russian Federation of September 1, 2012 N 875 “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms.”

It is indicated that Rostrud inspectors will oversee compliance with the requirements of the legislation of the Russian Federation to ensure accessibility for disabled workers, special workplaces and working conditions in the established field of activity.

The subject of the corresponding type of state supervision is to verify the accessibility of special workplaces and working conditions for disabled workers. The resolution comes into force on January 1, 2018.

Mandatory salary indexation in 2018

Employers will be required to increase employee salaries at least once a year. The draft with amendments to Articles 134 - 134.1 of the Labor Code of the Russian Federation will be considered by the State Duma (No. 1119655-6). Organizations and individual entrepreneurs with hired employees may be required to annually increase employee salaries due to rising consumer prices for goods and services. The indexation amount must not be lower than the inflation rate in a particular region. Only those who pay their employees a salary higher than 10 times the regional minimum wage will be exempt from salary increases. The indexation condition must be enshrined in an internal document. Currently, only budgetary organizations carry out mandatory indexation of employee salaries.

Amendments to the Standard for Flushing and Disinfectants, which is necessary to protect workers from chemical exposure

The Ministry of Health and Social Development has formulated new proposals to amend paragraphs 9 and 24 of the Occupational Safety Standard. “Providing workers with flushing and (or) neutralizing agents”, changes will come into effect in the 2nd quarter of 2018.

Relevant for employers whose activities are related to the chemical industry, medical institutions, laboratories, etc.

Comments and clarifications: If employees' work involves pollution or exposure to harmful substances on the skin, they need to be provided with rinsing and neutralizing products. They are selected depending on the harmful factor that affects the employee, and are issued on the basis of standard standards (clause 12 of Appendix 2 to the order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n).

Protective equipment must be issued to employees who work with organic solvents, disinfectants, bacterially hazardous environments, and low temperatures. Cleaning products are provided to employees who encounter industrial contamination at work.

For office employees - lawyers, accountants, managers, standard standards do not provide for flushing and neutralizing agents (letter of the Ministry of Labor of Russia dated August 30, 2016 No. 15-2 / OOG-3095.

The employer draws up a list of workplaces and a list of employees who need to be given flushing and neutralizing agents. The list is approved by the employer of the organization. Afterwards, he issues an order appointing a person responsible for issuing flushing and neutralizing agents to employees. Another order needs to appoint someone responsible for accounting and control over the issuance of funds within the established time frame (clauses, appendix 2 to the order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n). You can combine orders for approval of the list and appointment of responsible persons into one document and appoint one employee to issue and keep records of funds. An official with whom a liability agreement has been concluded can be appointed responsible. The period for using funds is calculated from the day they were issued to the employee. In this case, the expiration date specified by the manufacturer is taken into account.

Important: An employee who is issued flushing or disinfecting agents must sign his personal card for recording and issuing flushing or disinfecting agents. Do not forget to inform workers about the rules for using flushing and neutralizing agents.

Recommendations: The employer has the right not to issue funds to each employee, but to ensure the constant availability of dispensers with liquid flushing agent in sanitary premises. At the same time, there is no need to fill out personal registration cards for the issuance of flushing and neutralizing agents. Indicate in them a link to clause 20 of the Order and indicate the method of issuance.

Important: in case of evasion of the established rules, an employee of the state labor inspectorate has the right to fine the employer in the amount of up to 80,000 rubles.

Changing the action procedure if, based on the results of a special assessment at the workplace, no harmful/dangerous production factors were identified

If an optimal or acceptable class of working conditions was established at workplaces during a special assessment, you are required to submit a declaration of compliance of working conditions with state regulatory labor protection requirements. Changes will come into effect in the 2nd quarter of 2018

The declaration is submitted to the labor inspectorate at the location of the organization. This must be done no later than thirty working days from the date of approval of the special assessment report.

There is an approved form for the declaration of conformity. The document consists of two parts. The first part is filled out by the employer, the second - by the territorial body of Rostrud.

The declaration is submitted only to workplaces with 1st and 2nd class working conditions (Part 1, Article 11 of the Federal Law of December 28, 2013 No. 426-FZ). The document is not needed if the profession of the employee who works at this place is included in the lists according to which old-age insurance pensions are assigned early (Federal Law of December 28, 2013 No. 400-FZ, Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10). An exception is workplaces that provide guarantees and compensation for work under harmful or dangerous working conditions. A declaration is not needed even if the workplace was previously set to class 3.1 and higher, and then changed to class 2 (Part 1, Article 11 of Federal Law No. 426-FZ of December 28, 2013), the changes will take effect in 2- first quarter of 2018.

The work of “Freelancers” has been legalized

The State Duma has considered the issue of legalizing the work of freelancers. From January 1, 2018, a special information system will be created with the help of which employers will be able to easily enter into employment contracts with remote workers, and the latter, in turn, will be able to have access to payment of pension contributions and pay for health insurance services.

Foreign workers: 2018 – quota reduction

Resolution of the Government of the Russian Federation dated December 4, 2017 No. 1467 for 2018 approved new quotas for foreign labor in organizations that are engaged in certain types of activities.

In particular, the quota for other land passenger transport (code 49.3), as well as road freight transport (code 49.41), was reduced from 30 to 28% of the total number of personnel. Other indicators remained at the 2017 level.

By January 1, employers whose number of foreign employees exceeds the new figures must correct this.

Recommendations: We remind you that there is a special reason for dismissing workers in such a situation - paragraph 9 of Article 327.6 of the Labor Code of the Russian Federation: “bringing the number of employees who are foreign citizens and stateless persons in accordance with established federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation restrictions on the performance of labor activities by foreign citizens and stateless persons.”

Important: For organizations, violating the permissible share of foreign workers can result in a fine of 800 thousand to 1 million rubles. or suspension of activities for a period of 14 to 90 days. Officials face a fine of 45 thousand to 50 thousand rubles.

Approved rules for the protection of objects and (or) property

By order of the Ministry of Labor of Russia dated July 28, 2017 No. 601n, it approved the rules for labor protection when carrying out security (protection) of objects and property. They apply from February 17, 2018.

The rules determine state regulatory requirements for labor protection when protecting objects and property by employees of legal entities with special statutory tasks, departmental security, as well as private security organizations.

The specified requirements are mandatory for implementation by employers - legal entities, regardless of their organizational and legal forms when they protect objects and property.

Recommendations: The employer is obliged to ensure: performance of work on the protection of facilities in accordance with the requirements of the Rules, other regulatory legal acts containing state regulatory requirements for labor protection, and technical (operational) documentation of the manufacturing organization; conducting training of workers on labor protection and testing knowledge on labor protection; monitoring compliance by employees with labor safety instructions.

The order of the Ministry of Labor of Russia approved: labor protection requirements when inspecting vehicles; labor protection requirements when inspecting trains, shunting convoys, locomotives, wagon couplings and cargo transported on them, as well as when escorting vehicles with protected cargo; labor protection requirements when implementing the protection of artificial structures.

Annual report SZV-STAZH. The SZV-STAGE form is a report on the pension experience of employees, which is usually submitted to the Pension Fund of the Russian Federation at the end of the year.

The SZV-STAZH form is submitted by organizations and entrepreneurs who pay remuneration to individuals:

under employment contracts;

civil contracts for the performance of work or provision of services;

This is stated in paragraph 1.5 of the Procedure approved by Resolution of the Board of the Pension Fund of the Russian Federation dated January 11, 2017 No. 3p. The SZV-STAZH form is submitted at the end of the year. The deadline is no later than March 1 of the following year. This form must be submitted for the first time for 2017, no later than March 1, 2018 (Clause 2, Article 11 of Law No. 27-FZ of April 1, 1996). Organizations submit SZV-STAZH to the territorial branches of the Pension Fund of the Russian Federation at their place of registration. Entrepreneurs - at the place of residence (Clause 1, Article 11 of the Law of April 1, 1996 No. 27-FZ).

Unused vacations expire in 2018

From January 1, 2018, organizations will be fined if they allow their employees do not go on vacation for more than two years. And if we are talking about employees under 18 years of age, or the work involves dangerous, harmful and difficult working conditions, then within a year. Organizations whose employees have not taken annual paid leave for more than two years face a fine of 30,000 to 50,000 rubles. In the worst case, the organization’s activities may even be suspended for a period of 90 days (Article 5 of the Code of Administrative Offenses of the Russian Federation).

Important: Employees' unused vacation does not expire. Even if workers have not been on vacation for more than two years, all days of rest are retained and must be presented to the employees.

Recommendations: So, how can workers be allowed to go on vacation in 2018 so that the vacation does not expire, according to the amendments to the Labor Code of the Russian Federation? All vacation days are divided into two parts: mandatory - 14 days and optional - the remaining 14 days.

Employees must use the mandatory portion annually. But they can, if they wish, transfer the remaining 14 days to the next period, but no more than

12 months. The main thing is to correctly spell out the terms in the contract.

Increase in travel expenses

In connection with the adoption of Federal Law No. 214-FZ of July 29, 2017 “On conducting an experiment in the development of resort infrastructure in the Republic of Crimea, Altai Territory, Krasnodar Territory and Stavropol Territory,” the employer will have to increase travel expenses if the employee is sent on a business trip to the Republic of Crimea, Altai, Krasnodar and Stavropol territories.

According to Art. 6 of this Law, payers of the resort fee are individuals who have reached the age of majority, staying in accommodation facilities for more than 24 hours.

The amount of the resort fee payable is calculated as the product of the number of days the resort fee payer actually stays at the accommodation facility, excluding the day of arrival, and the corresponding amount of the resort fee. However, the amount of the resort fee payable is not included in the cost of your stay.

Recommendations: if your organization often sends its employees to the territorial units indicated above, the employer will be required to increase the amount of travel allowances, however, consultants report that due to legislation it is possible to avoid these costs.

Organizations where the presence of harmful and (or) hazardous production factors has been established in the workplace

According to the Order of the Ministry of Labor and Social Protection of the Russian Federation dated January 24, 2014 No. 33n, the mandatory requirements in the List of harmful/hazardous factors and types of work subject to mandatory medical examinations have been updated.

The changes affected the list of harmful/dangerous production factors, as well as types of work for which it is necessary to undergo mandatory preliminary and periodic medical examinations

Relevant for organizations where the presence of harmful and (or) hazardous production factors has been established in the workplace

The order will come into force in the 2nd quarter of 2018.

New proposals are being formed to amend the following articles in the Labor Code of the Russian Federation

Formation of new proposals to amend Article 58 of the Labor Code of the Russian Federation
Removal of excessive requirements for the procedure for concluding an employment contract
4th quarter 2018
All organizations

Formation of new proposals to amend Article 140 of the Labor Code of the Russian Federation
Changes in payment terms in case of termination of an employment contract
4th quarter 2018
All organizations

Creation of a new bill on amendments to certain legislative acts of the Russian Federation (in terms of eliminating duplication of powers of federal executive authorities in the field of labor protection)
A draft federal law that will help delineate and divide the powers of control and supervisory authorities in the field of labor protection
4th quarter 2018

Federal control and supervisory authorities
Formation of new proposals to amend Article 84.1 of the Labor Code of the Russian Federation
Changing the procedure for terminating an employment contract
4th quarter 2018
All organizations

Changes in 2017 that employers must take into account

Against the backdrop of the upcoming changes that will come into effect from the 1st to the 4th quarter of 2018, we will consider the changes that the employer is required to take into account at the moment, i.e. since 2017.

Change

Name

The essence of the change

Effective date

Scope of application
1

New federal laws: dated 07/03/2016 No. 238-FZ, dated 07/03/2016 No. 239-FZ Amendments to the procedure for independent assessment of qualifications Labor protection

The procedure for independent assessment of employee qualifications has been approved.

Independent assessment of qualifications – confirmation of compliance of the applicant’s qualifications with the provisions of the professional standard or qualification requirements established by law.

The assessment is carried out by independent qualification assessment centers.

All organizations
2

Order of the FSS of Russia dated September 26, 2016 No. 381

Approval of the new form 4-FSS.

The form is used to prepare calculations for compulsory social insurance contributions.

1st quarter 2017

All organizations
3

Decree of the Government of the Russian Federation of August 27, 2016 No. 858

Approval of a standard form of employment contract for micro-enterprises

A standard form of employment contract for microenterprises has been developed

Small business
4

New federal law dated July 3, 2016 No. 348-FZ

New chapter 48.1 in the Labor Code of the Russian Federation, which additionally regulates the specifics of the work of micro-enterprises

An employer, a small business entity classified as a micro-enterprise, has the right to refuse, in whole or in part, from adopting local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses, shift schedules, etc.).

Small business
5

An amendment to Article 65 of the Labor Code of the Russian Federation was adopted

Addition to the list of documents required for employment

All organizations
6

The deadline for submitting a report in the SZV-M form has changed. Thus, the report must be submitted by the 15th day of the month following the reporting month.

All organizations
7

Introduced separate liability in case of failure to submit accounting information to the Pension Fund of Russia

If you do not provide personalized accounting information on time or do not submit it in full, the responsible employees will be fined 300–500 rubles. Responsibility is specified in Article 15.33.2 of the Administrative Code of the Russian Federation

All organizations
7

Acceptable shares for the admission of foreigners in certain sectors of the economy have been established for 2017
8

Temporarily staying citizens of states that are members of the Eurasian Economic Union can take out a compulsory health insurance policy

All organizations that employ foreigners
9

A new Classifier of types of economic activities by occupational risk classes was approved.

Order of the Ministry of Labor and Social Protection of Russia dated December 25, 2012 No. 625n has become invalid

All organizations
10

Regulatory acts of the Russian Ministry of Labor on special assessment of working conditions are brought into compliance with current legislation.

We changed the form of the declaration of conformity of working conditions in the workplace, approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.

All organizations
11

During routine inspections of employers, a risk-based approach began to be used.

Now the frequency of scheduled inspections depends on which risk category the organization’s activities are classified into.

Review of judicial practice for the third quarter of 2013, approved by the Presidium of the Supreme Court of the Russian Federation on February 5, 2014.

"Kadrovik.ru", 2011, N 12

In 2011, more than 20 new regulatory legal acts were adopted, which to one degree or another influenced work with personnel. And in 2012 this figure can only increase, and significantly.

This year alone, the State Duma considered about 40 projects to amend existing standards governing labor relations. Some of them were already accepted in 2011, while others were rejected and removed from consideration. Some projects passed the first and even second reading or were postponed until 2012. The fact is obvious: labor legislation has moved from the dead point in which it had been for several years. What innovations will this movement lead to?

Many innovations have been expected for a long time (for example, a project to establish additional holidays by regions). Some of them will complicate the life of the employer, while others, on the contrary, will simplify it. Therefore, today the most important task is timely tracking of all adopted changes and, if possible, planned amendments, since some of them need to be prepared in advance.

In May 2011, a bill banning the use of agency labor (outsourcing, outstaffing, leasing) in our country passed its first readings in the State Duma. Undoubtedly, employers using this type of relationship should think through all the ways to “escape” and begin resolving relevant personnel issues in advance.

This year, the Institute of Professional HR launched a program to inform clients on issues that all practicing HR professionals should know about - the HR Bulletin newsletter. It publishes monthly adopted changes, draft new acts, explanatory letters from government bodies, and analysis of judicial practice. You can obtain a list of all regulations in the field of labor relations adopted in 2011 by filling out the request form on the website www.inprofkadry.ru.

So, what changes await HR managers in 2012? Perhaps the most relevant regulatory act is the federal law “On Personnel Records,” the adoption of which was planned for this year. This law is being issued for the first time in our country, and, of course, the need for it is very great. In 2011, projects related to changes directly in the Labor Code of the Russian Federation were also considered: in Art. 112 - about holidays, in Art. 111 - about days off, in Art. 81 - on termination of an employment contract at the initiative of the employer, in Art. 129 - about terminology and requirements for official salaries and many others.

In addition, it is planned to introduce changes to the standards governing labor protection and labor organization of workers working in hazardous conditions. Already this year, from September 1, 2011, the procedure for certification of workplaces has changed.

Legislation regulating the procedure for conducting inspections is developing rapidly. Already in 2010, administrative regulations were introduced for inspections by regulatory authorities in the field of working with personal data, archival legislation, etc. Innovations appear in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, and all of them only tighten the responsibility of the employer and officials for certain violations. Changes adopted on January 1, 2011 in Art. 145.1 of the Criminal Code of the Russian Federation, which establishes the liability of officials for violations in the area of ​​late payment of wages (including parts thereof), has radically changed the judicial practice associated with this kind of situations.

As for payment for periods of incapacity, seven acts relating to this area of ​​labor legislation were adopted this year alone, and the changes have not yet been completed. The requirements for filling out the new disability certificate form still raise many questions. Incorrect registration of sick leave certificates by medical workers and related violations on the part of the employer, unfortunately, have already led to contradictions in interaction with the Federal Social Insurance Fund of the Russian Federation. To help employers at least slightly reduce the risk of non-reimbursement of funds by the Social Insurance Fund, the Institute of Professional Personnel Manager has prepared a sample for filling out a sick leave certificate and an algorithm for checking it.

On July 25, 2011, important changes were adopted to Federal Law No. 152-FZ “On Personal Data”, concerning, for example, mandatory notification of the beginning of the processing of personal data and filling out the employee’s written consent form. You can also receive a table containing a comparative analysis of the previous and new editions of this Law by filling out a request form on the website www.inprofkadry.ru.

One of the key issues for personnel service employees is the cancellation of the work book. The first steps in this direction are planned to be taken as early as 2012, so work on checking (audit) work records must begin now. The information contained in this document often becomes a source of disputes with the Pension Fund, Social Insurance Fund, and employment authorities. Everyone knows about such conflicts, but few people check the work records accepted by the employer. Although a positive trend has already emerged - this year the audit of work records at our institute was one of the most popular activities. On their own or with the help of a third-party organization, personnel officers need to start this work now: check samples of work record forms, fill out cover pages and make entries made at all places of work of the employee. The calculation of the insurance period when paying for a period of temporary disability depends on how accurate these records are.

Unfortunately, the format of this article does not allow us to dwell on all the issues in detail - we can discuss them at conferences, seminars or by e-mail. You can check whether you have read all the regulatory legal acts adopted in 2011. To do this, you can get a complete list of adopted acts on our website and monitor monthly what changes to the current labor legislation will appear in 2012.

V.Mitrofanova

CEO

Institute of Professional Personnel

Changes to labor legislation in 2019 will affect both workers and their employers. From January they will have to live according to new rules established by legislators and the Government of the Russian Federation. In particular, the procedure for registering work records may change, the minimum wage is planned to increase, and parents with many children are given the right to take leave at a convenient time. Some initiatives are still at the draft stage, and it is not yet known whether they will be adopted before the end of 2018.

Main changes in labor legislation since January 2019

Our table will tell you about the main innovations that await working Russians from the beginning of the year. It should be noted that the number of preferences provided for employees has expanded.

Which ones are introduced?changes in labor legislation in 2019

Explanations

Regulatory acts

From January, the minimum wage will increase to 11,280 rubles

At the end of 2017, a law was adopted according to which, annually, starting from 01/01/2019, the minimum wage is set at the level of the subsistence minimum (LM) - for able-bodied Russians for the 2nd quarter of the previous year.

The government determined that in the 2nd quarter of 2018 the minimum wage for this category of citizens was equal to 11,280 rubles.

Law No. 421-FZ of December 28, 2017 – on amendments to laws (in terms of increasing the minimum wage).

Order of the Ministry of Labor and Social Protection No. 550n dated August 24, 2018 (on the amount of the minimum wage in the 2nd quarter of 2018)

Working parents with many children were allowed to choose their vacation time

A new article has appeared in the Labor Code of the Russian Federation - 262.2. It introduces the following norms: employees with three or more children will be able to go on vacation when it is convenient for them (during the desired periods). But there is a serious limitation for the implementation of this benefit - all children in the family should not be older than 12 years of age. The purpose of the new article is to give parents with many children the opportunity to organize a joint vacation by taking vacations at the same time

Labor Code of the Russian Federation, Art. 262.2 (valid from 10/22/2018).

Law No. 360-FZ of October 11, 2018 (law on adding the specified article to the Labor Code)

employees will be given a paid day off

Starting from the new year, another article will be added to the Labor Code - 185.1. According to the new norm, any employee has the right to take a day off to undergo medical examination, and it must be paid. The law requires that it be agreed upon with the employer.

Working pensioners and employees of pre-retirement age, who have no more than 5 years left until their pension is granted, can take advantage of the “dispensary” day off twice a year. For other employees it is provided once every three years.

Labor Code, Art. 185.1 (changes in labor legislation come into force on January 1, 2019).

Law No. 353-FZ of October 3, 2018

The amount of debt for which the execution order is sent to the debtor’s employer will increase

Now, if according to the writ of execution the debt in the amount does not exceed 25,000 rubles, it can be sent to the debtor’s employer for collection. They want to increase this limit to 100,000 rubles.

Start of pension reform

The latest changes in labor legislation in 2019 will occur against the backdrop of a significant increase in the retirement age. Probably, it is this legal novel for millions of citizens that is the most discussed, controversial and influencing the course of their lives.

In accordance with Federal Law No. 350 of October 3, 2018, the age giving the right to receive an insurance pension is increased by five years. Women will be able to receive pension payments from the age of 60, men - from 65.

Legislators decided to increase the retirement age in stages. The indicated values ​​for all Russians will become relevant from 2023. In the meantime, the retirement age will be raised gradually. In 2019, it was moved up by six months. That is, men aged 60.5 years and women whose age has reached 55.5 years will be able to become pensioners.

It is planned to calculate pensions not according to a point system, but individually for each person. At the same time, the average insurance pension should exceed the growth of inflation and in the future will amount to at least 40% of the pensioner’s lost earnings.

Let us remind you that criminal liability has been introduced for employers for dismissal or refusal to hire pre-retirees (those who have no more than 5 years left until retirement) due to their age (Article 144.1 of the Criminal Code of the Russian Federation).

The changes concern the definition of labor relations. Now the definition includes the phrase “in the interests, under the control and direction of the employer.” This suggests that the employee carries out his activities not in his own interests, but in the interests of his employer, while the latter must exercise control over the activities of a particular employee, as well as manage him.

In Art. 56 of the Labor Code of the Russian Federation introduced similar changes. Changes have been made to the definition of an employment contract. The phrase “in the interests, under the control and direction of the employer” has also been added here. This change relates to the employee’s obligation to perform his job function not in his own interests, but in the interests of the employer. And the employer, in turn, must exercise control over the performance of this function, as well as exercise management.

Art. was introduced into the Labor Code of the Russian Federation. 56.1, which provides a definition of agency labor. This concept is new to labor legislation. The new article says that agency work is prohibited in Russia. The concept of “agency labor” is also revealed here. This is work that is carried out for the benefit of an individual or legal entity that is not the direct employer. Labor activity is carried out by order of the direct employer.

The Labor Code of the Russian Federation has been supplemented with Chapter 53.1 of the Labor Code of the Russian Federation. This chapter regulates the characteristics of the work of workers who are sent by their direct employer to temporarily perform a labor function for another individual or legal entity. But this chapter says that an agreement on the provision of labor for the employee must be concluded between the main and temporary employer. Otherwise, this is agency work, which is prohibited in the Russian Federation.

In Art. 351.4 of the Labor Code of the Russian Federation, changes have been made regarding the termination of contracts with notary employees. Now not only an assistant, but also ordinary employees can work for a notary. In this regard, in Art. 351. 4 of the Labor Code of the Russian Federation, the word “employees” was added. This is necessary in order to regulate the grounds for termination of an employment contract with notary employees.

Revision dated 10/05/2015

Part 2 and part 3 art. 349.1 of the Labor Code of the Russian Federation is set out in a new edition. The old edition explained the concepts of “personal interest” and “conflict of interest”. Now these concepts are not disclosed in the context of the labor code. It is disclosed in the legislation of the Russian Federation on combating corruption. It is in these regulations that one should look for a detailed definition of these two concepts.

Revision dated 07/13/2015

Article 6 of the Labor Code of the Russian Federation has been supplemented with Part 5. Now the powers of federal executive authorities in the field of labor relations can be transferred down the vertical line of power, that is, to the executive authorities in the regions. This was done in order to delegate the powers of federal bodies, and place part of the responsibility on the regions.

An addition has been made to Article 213 of the Labor Code of the Russian Federation regarding medical examinations. Now, for some workers, a mandatory examination has been introduced for the presence or absence of narcotic or psychotropic substances in the body.

An addition has been made to Article 262.1 of the Labor Code of the Russian Federation regarding parents raising a disabled minor child. Now additional paid leave is provided to one of such parents at any time convenient for him upon his written application.

In para. 3 tbsp. 331 of the Labor Code of the Russian Federation, the same addition was made. Now, persons who have been convicted of such crimes cannot engage in teaching activities in any educational institutions.

Part 3 of Article 331 of the Labor Code of the Russian Federation includes a similar phrase for persons engaged in teaching activities. Admission can be obtained in the same way as in the case of workers in the field of upbringing, development and education of minor children.

Additions were made to Part 3 of Article 351.1 of the Labor Code of the Russian Federation in the form of the phrase “against the peace and security of mankind.” This addition was necessary due to the increasing incidence of terrorism. Persons convicted of such crimes do not have the right to work in the field of preschool and school education, upbringing and development. A permit may be issued by authorized government bodies if the criminal prosecution against the candidate was terminated on non-rehabilitative grounds.

Revision dated June 29, 2015

Part 5 of Article 64 of the Labor Code of the Russian Federation was supplemented. Now the employer is not only obliged to justify in writing to the applicant the reason for refusing to conclude an employment contract with him, but he must do this within 7 working days from receiving such a request from the applicant. The deadline is set so that the employee can file a claim in court within a month.

Article 84.1 of the Labor Code of the Russian Federation was also amended to apply to women on maternity leave and who are dismissed. Now the employer is relieved of responsibility for the delay in issuing a work book if the last working day and the day of termination of the employment relationship with this woman do not coincide. However, the employer must send her written notice by mail. From the date of sending this notice he is released from liability.

An addition has been made to Article 261 of the Labor Code of the Russian Federation for women who are on maternity leave, but their fixed-term employment contract has expired. Now the employer, at the written request of this woman, is obliged to extend the contract with her until the end of this period. The old version of the article only spoke about the employee’s pregnancy and the extension of the employment contract until its end.

Revision dated 06/08/2015

Part 2 was introduced in Article 104 of the Labor Code of the Russian Federation. This part states that if the duration of working hours, which is established by a collective agreement or other local act, for workers in harmful and dangerous working conditions, cannot be taken into account for reasons beyond the control from the employer for 3 or more months, then the accounting period can be extended for a period of no more than a year. An additional entry about this must be made in the collective agreement or agreement.

Revision dated 04/06/2015

Addition of Article 351.5

Revision dated December 31, 2014

Amendment to Part 7 of Article 11

The wording “state civil service” has been added to the text. This change was made to clarify that state civil servants are subject to not only the Labor Code of the Russian Federation, but also other acts that regulate the regulations for performing civil service specifically. The regulation of relations in the military public service is regulated by completely different regulations.

Changing the name of Art. 62

In the title of Art. 62 of the Labor Code of the Russian Federation the word “copies” has been added. This is done in order to draw attention to changes made directly in the “body” of the article. With the introduction of an addition to the title of the article, the regulations for issuing original personnel documents and their copies also changed. This should be paid attention to, first of all, by HR employees.

Amendments to Part 1 of Art. 62

The word “copies” has been added to the text. This is done so that the employer can provide the employee with copies of documents related to labor relations legally. Now a copy of a document is a document if it bears the stamp “Copy is correct” and the employer’s seal. The original documents remain with the employer for inspections.

Addition to Part 4 of Art. 62

The article clarified the period during which an employee, if he took his work book from the employer, must return it. This is done so that the employer has an “excuse” for labor inspectors in case of an inspection.

Change of para. 4 hours 1 tbsp. 65

The word “state” has been removed in relation to the certificate of compulsory insurance. Change made for clarification. When hiring, the applicant must present to the future employer a certificate of pension insurance from any pension fund.

Amendment to Part 4 of Art. 65

The word “state” has also been removed here in relation to the certificate of compulsory pension insurance. Now the employer, if he is the first to issue a work book for an employee, must also issue him an insurance certificate from any pension fund.

Changing the title of Chapter 26

An addition appeared in the title of the chapter in the form of “as well as employees admitted to apply for the academic degree of Candidate of Sciences or Doctor of Sciences.” This suggests that in this chapter there have been changes concerning guarantees not only for working students, but also for working future candidates and doctors of science.

Changing the name of Art. 173.1

The phrase “as well as employees admitted to seek the academic degree of Candidate of Sciences or Doctor of Sciences” has been added to the title of the article. This suggests that more details about guarantees and compensation for such workers are indicated in this article.

Change of para. 2 hours 1 tbsp. 173.1

The word “annual” has been removed from the article in relation to additional leaves of absence for graduate students. Now additional leave for these categories of workers is provided not annually, but throughout the calendar year. This change slightly reduced compensation for graduate students.

Amendment to Part 2 of Art. 173.1

“Employees studying scientific and pedagogical personnel training programs in graduate school (postgraduate studies)” have been removed from this paragraph. Now these persons are not entitled to additional leave at their place of work.

Amendment to Part 5 of Art. 256

In the “body” of the article, the word “labor” is replaced with “insurance”. This was done in connection with changes in pension legislation. Now there is no labor pension, there is only an insurance pension. Therefore, in all documents one word is replaced by another in order to comply with the current pension legislation.

Amendment to Part 4 of Art. 312.2

The word “state” in relation to the certificate of compulsory pension insurance has been removed from the article. This was done in order to bring this article into compliance with current pension legislation. Now every citizen has the right to apply to any pension fund to manage their future pension.

Amendment to Part 1 of Art. 331

In the article, the phrase “federal law of December 29, 2012 No. 273-FZ” was replaced with the phrase “legislation in the field of education.” This is done so that when allowing a teacher to work, the employer is guided not by a specific law, but by all regulations related to education.

Addition para. 3 hours 2 tbsp. 331

The phrase “psychiatric hospital” has been replaced with “a medical institution providing psychiatric care in an inpatient setting.” This was done to expand the range of medical institutions in which a future teaching worker may be illegally detained, which is not an obstacle to the implementation of teaching activities.

Addition para. 4 hours 2 tbsp. 331

This paragraph contains a reference to crimes that are not listed in paragraph. 3 of the above article, having an unexpunged or outstanding criminal record, a teaching worker cannot be allowed to carry out teaching activities.

Addition to Art. 331 parts 3

A list of persons who may be allowed to engage in teaching activities has been added to the article if they have permission from the commission on juvenile affairs.

Added Art. 331.1

A new article has been added to the Labor Code of the Russian Federation. This was done in order to describe in detail the procedure for removing a teaching employee from service in connection with receiving information about the criminal prosecution of such an employee on certain grounds.

The name of the article has been changed. 332

Instead of “educational organizations of higher education”, “organizations carrying out educational activities to implement educational programs of higher education and additional professional programs” are now indicated. This was done to expand the list of educational institutions, the conclusion and termination of employment contracts with employees of which occurs with certain features.

Amendment to Part 1 of Art. 332

In the body of the article, instead of educational organizations of higher education, “organizations carrying out educational activities to implement educational programs of higher education and additional professional programs” are now indicated. This was done to expand the list of educational institutions with whose employees an employment contract is concluded.

Amendment to Part 2 of Art. 332

“Professorial staff” has been added to this article so that when holding a competition for filling a position, these teaching staff will also be taken into account.

Amendment to Part 4 of Art. 332

“Professorial staff” is also added here when filling vacant positions without holding a competition for the continuity of the educational process.

Changes to Part 5 of Art. 332

All positions of teaching staff have now been removed from the text of the article, with the exception of deans of faculties and heads of departments. Only there is no longer a competition to fill these positions.

Amendment to Part 6 of Art. 332

The text of the article clarifies that the regulation on the procedure for replacing not just teaching staff, but those belonging to the teaching staff, is approved by local executive authorities.

Part 7 of Article 332 - excluded from the Labor Code of the Russian Federation

Amendment to Part 8 of Art. 332

This article also clarifies not just teaching staff, but specifically teaching staff who are directly related to the teaching staff. With such employees, the term of a fixed-term contract is extended by agreement; a new employment contract need not be concluded.

Amendment to Part 9 of Art. 332

This article also clarifies not just teaching staff, but specifically teaching staff who are directly related to the teaching staff. If such an employee is transferred to a vacant position based on the results of a competition, the term of the employment contract may be changed by agreement of the parties.

Changes to Part 10 of Art. 332

This article has been published in a completely new edition. To improve the quality of education, every teaching staff member must undergo certification for suitability for the position once every 5 years. The development of the procedure for carrying out such a procedure falls on the shoulders of the relevant executive authorities.

Amendment to Part 12 of Art. 332

This article replaced the “validity period” with the “validity period” in relation to employment contracts concluded with senior employees of pedagogical institutions. Now you can only hold the post of head of a pedagogical institution until you are 65 years old. The duration of the employment contract does not matter.

Addition to Art. 351.4

This article has added that now, when terminating an employment contract with an assistant notary, the latter has the right to be guided not only by the articles of the Labor Code of the Russian Federation, but also by the legislation on notaries. This somewhat expanded the powers of the notary himself.