New laws in the labor code. Grounds for carrying out control activities by the State Labor Inspectorate

Labor checks 2018

Grounds for carrying out control activities by the State Labor Inspectorate

From January 11, 2018 came into force amendments introduced Federal Law of December 31, 2017 N 502-FZ in Article 360 of the Labor Code of the Russian Federation. In particular, new reasons have been added for an unscheduled inspection of the GIT. Part seven of Article 360 has been supplemented with one more new paragraph.

Now unscheduled inspections are made, among other things, on the basis of:

appeals and applications from citizens, including individual entrepreneurs;
legal entities;
information from government authorities;
local government bodies;
trade unions;
information from the media.

If such requests and information contain information about facts of evasion of registration employment contract, improper execution of an employment contract or the conclusion of a civil contract that actually regulates the labor relationship between the employee and the employer.

Moreover inspections will be carried out immediately after filing a complaint, without a response from the prosecutor’s office.

Let us recall the grounds for unscheduled inspections that were introduced earlier. So, unscheduled inspection is carried out:(Part 7 of Article 360 of the Labor Code of the Russian Federation):

If the organization's deadline has expired a previously issued order to eliminate violations;
if the labor inspectorate has received relevant appeals and statements about facts of violation by employers of the requirements of labor legislation and other regulatory legal acts, including labor protection requirements, which resulted in a threat of harm to the life and health of workers;
if the federal labor inspectorate received:

employee appeal or statement about violation employer labor rights;
employee request to conduct an inspection of labor conditions and safety at his workplace in accordance with Art. 219 Labor Code of the Russian Federation;

if the head of the labor inspectorate an order (instruction) was issued in accordance with the instructions of the President of the Russian Federation, Government of the Russian Federation, as well as on the basis of the prosecutor’s request to conduct such an inspection as part of supervision over the implementation of laws based on materials and appeals received by the prosecutor’s office.

Also, unscheduled inspections based on requests (information) from citizens containing information about the facts that led to non-payment or incomplete payment on time wages , other payments due to employees, or the establishment of wages in an amount less than the amount provided labor legislation.

New aspects of establishing part-time work

Since June 29, 2017, the part-time working regime has become more convenient for the employer and employee (Federal Law No. 125-FZ of June 18, 2017). The number of part-time work options has increased.

So, now you can simultaneously use both a part-time and a part-time week for one employee. Previously, you had to choose one of the options.

Example. You can set a work schedule: Tuesday and Friday for 3 hours.

In addition, part-time work can be divided into parts.

Example. An employee can work a 4-hour part-time schedule: from 8 to 10 and from 15 to 17 daily.

In cases where the employer is obliged to establish part-time working hours (Part 2 of Article 93 of the Labor Code of the Russian Federation), the regime of working time and rest time, including the duration daily work(shifts), start and end times of work, time of breaks in work, must be set in accordance with the wishes of the employee, taking into account the conditions of production (work) for a given employer.

Example . A woman whose child has started his first year at school may express a desire for her working day to end two hours earlier than usual. The employer will be obliged to take this kind of wish into account when establishing part-time work. Similarly, at the request of the employee, the time of, say, a lunch break or shift can be changed.

At the same time, based on the meaning of the above norm, one of the parents of a child under the age of 14 has the right to count on establishing part-time work.

To establish the fact of non-use by the second parent of a child under 14 years of age of the right to part-time work (week) on the same basis the employer has the right to request a certificate about his working hours(Letter of the Ministry of Labor of Russia dated November 17, 2017 N 14-2/B-1012)

Maximum working hours to maintain benefits while on parental leave

The Federal Social Insurance Fund of the Russian Federation has new requirements for part-time work while on parental leave with payment of benefits from the Social Insurance Fund.

Let us remind you that while on maternity leave Part-time work is allowed or at home while maintaining the right to receive state social insurance benefits (Article 256 of the Labor Code of the Russian Federation).

In practice, questions have arisen related to the lack of legislative regulation of the minimum amount of time by which working hours can be reduced in order to maintain benefits. At the same time, the Federal Social Insurance Fund of the Russian Federation has the right to refuse reimbursement of expenses for payment of benefits if working hours, at the request of the employee, are formally reduced, for example, by 5 minutes. Officials justified their refusal by the fact that the employee could not fully care for the child. As a rule, these disputes were resolved in court.

In 2017, the Supreme Court of the Russian Federation put an end to this issue, taking the position of the FSS of the Russian Federation. IN Determination dated July 18, 2017 No. 307-KG17-1728 in case No. A13-2070/2016 The Supreme Court of the Russian Federation indicated that a reduction in working hours of less than 5 minutes a day cannot be regarded as a measure necessary to continue caring for a child, resulting in loss of earnings.

In January 2018, the FSS of the Russian Federation in its turn by letter dated January 19, 2018 N 02-08-01/17-04-13832l indicated that reducing working time not only by 5 minutes, but also by: 10, 30, 60 minutes a day does not allow caring for the child properly. In this case, the benefit is no longer compensation for lost earnings, but additional income for the employee. And this is already an abuse of right.

When setting an employee part-time work, it is necessary to proceed from the priority of parental responsibilities. The working day cannot be formally shortened. The Foundation emphasizes that Most of the time should be devoted to the child, and not to work. Only then will compensation for benefits not be denied.

Allowed to work without a lunch break

By general rule, during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Article 108 of the Labor Code of the Russian Federation).

However from June 29, 2017, employees can be left without a lunch break if they work four hours or less. A provision regarding this must be included in the employment contract or in the internal labor regulations. Before this, the rules were the same for everyone. The break must be regardless of the length of the working day.

Part-time workers and employees working no more than 4 hours a day can be left without a lunch break.

Wages in foreign currency without violating labor laws

From February 16, 2018 It entered into force the federal law dated 02/05/2018 No. 8-FZ, amending Article 131 “Forms of remuneration” of the Labor Code. Thanks to these amendments, certain categories of workers will be able to receive wages in foreign currency.

Until February 2018, payment of wages in accordance with Article 131 of the Labor Code of the Russian Federation was allowed exclusively in foreign currency Russian Federation(in rubles).

Employees who are allowed to be paid in foreign currency include employees located outside the territory of the Russian Federation who are citizens of Russia. In foreign currency, they can receive wages and other payments related to the performance of their duties outside the territory of the Russian Federation. labor responsibilities under employment contracts concluded by them with resident legal entities.

The procedure for bringing to administrative responsibility for violations of labor legislation

Above we have cited articles that often raise disputes and administrative liability. However, this list is not limited only to these articles. It is quite possible that during control activities there will be other violations of labor legislation.

Remember, for violation of labor legislation on several grounds, administrative liability is assigned to the employer separately for each violation of labor legislation and labor protection legislation.

The Code of Administrative Offenses of the Russian Federation identifies two main articles establishing liability for violation of labor legislation:

V Art. 5.27 Code of Administrative Offenses of the Russian Federation fines are prescribed for violation of labor laws and other regulatory legal acts;
V Art. 5.27.1 Code of Administrative Offenses of the Russian Federation— fines for violation of state regulatory requirements for labor protection.

IN Resolution of the Supreme Court of the Russian Federation dated August 15, 2014 N 60-AD14-16 It is established that each of the identified facts of violation of labor legislation forms an independent administrative offense, provided for in Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Responsibility for violations of labor laws can reach a million rubles or more.

No. 125-FZ dated June 18, 2017 “On Amendments to the Labor Code of the Russian Federation” (it comes into force on June 29, 2017). The amendments affected the issues of establishing and paying for part-time work and irregular working hours. There are also changes in terms of remuneration for overtime work and for work on weekends and holidays. We'll tell you what an accountant needs to know about the new payroll rules effective June 29, 2017.

Part-time work: important amendments

The normal length of the working week, in general, should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the week, working time must be distributed in such a way that its total duration does not exceed the specified limit. Most often you can find this option - an eight-hour working day with a five-day working week with days off on Saturday and Sunday.

However, apart from normal duration working hours, part-time working hours may be established. Part-time work involves working part-time during the week, or during a working day or shift. Issues of establishing part-time working hours are regulated by Article 93 of the Labor Code of the Russian Federation.

An example of establishing part-time work

An employee is busy not five working days, but four, or not eight hours per shift, but six.

Partial time: how it can be installed

From June 29, 2017, employers have the right to simultaneously assign an employee a part-time day and a part-time week. For example, a four-hour schedule on Monday and Thursday. Before this, Article 93 of the Labor Code of the Russian Federation allowed to shorten either a week or days.

Also, in Article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can have a part-time working day, dividing it into parts. For example, two hours in the morning and three hours in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation.

This is how part one of Article 93 of the Labor Code of the Russian Federation is read after amendments have been made to it:

When will it be necessary to take into account the wishes of employees?

To work with incomplete schedule the employer can transfer any employee at his request. However, in some cases the employer is obliged to establish a part-time working schedule for the employee. This must be done as requested:

pregnant woman;
one of the parents (guardian, trustee) with a child under 14 years of age or a disabled child under 18 years of age;
an employee who cares for a sick family member in accordance with a medical report.

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The adopted amendments supplemented, from June 29, 2017, the provisions of Article 93 of the Labor Code of the Russian Federation with a new norm stating that the above categories of working time and rest time, including the duration of daily work (shift), the start and end time of work, the time of breaks in work, must be established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.

Thus, for example, a pregnant woman may want her work day to start two hours later than usual. The employer will be obliged to take this kind of wish into account when establishing part-time work. Similarly, at the request of the employee, the time of, say, a lunch break or shift can be changed.

Prohibition on establishing irregular working hours

An irregular working day is a work mode when some employees may, by order of the employer, if necessary, be involved in work outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).

A feature of an irregular working day is the nature of work when, for reasons beyond a person’s control, it is not possible to perform all of one’s functions during working hours. For example, establishing irregular working hours for a lawyer will help to attract him to participate in court hearings that take place outside the normal working day.

But is it permissible to establish an irregular working day for an employee who is employed part-time? Can. Let us explain why.

The introduction of an irregular working day means that a person works outside the working hours established for him, including outside part-time working hours: a day or a shift (Article 101 of the Labor Code of the Russian Federation). Therefore, for an employee who works part-time, the employer has the right to establish an irregular working day.

The law commented on Article 101 of the Labor Code of the Russian Federation since June 29, 2017, supplemented by the rule that an irregular working day may be established for an employee working on a part-time basis. But only if two conditions are simultaneously met:

by agreement of the parties to the employment contract, incomplete work week;
a person works full time (shift).

Who can now be left without lunch?

Article 108 of the Labor Code of the Russian Federation defines the rules governing the establishment of breaks for rest and food. It is stipulated that the lunch break is fixed in employment contracts or in local acts (for example, in the Internal Labor Regulations). In this case, the duration of the lunch break cannot be less than 30 minutes and more than two hours.

The law being commented on clarifies that from June 29, 2017, employees can be left without a lunch break if they work for four hours or less. A provision regarding this must be included in the employment contract or in the internal labor regulations. Before this, the rules were the same for everyone. The break must be regardless of the length of the working day.

Overtime pay: less confusion

The employer's management may require a person to work overtime. It should be understood as work outside set duration working hours (Article 99 of the Labor Code of the Russian Federation).

Overtime work is work at the request of the employer outside the established working hours:

in addition to daily work (shift) (with daily recording of working hours);
in excess of the normal number of working hours for accounting period(with cumulative accounting of working hours).

Article 152 “Payment for overtime work” of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times the amount. And in the following hours - no less than double the amount.

Now Article 152 of the Labor Code of the Russian Federation has been supplemented with a new paragraph. It says that the rules of Article 152 of the Labor Code of the Russian Federation apply to work beyond the norm only on weekdays. If an employee works on weekends or holidays, then his work is paid according to Article 153 “Payment for work on weekends and non-working holidays” of the Labor Code of the Russian Federation. That is, no less than double the amount.

CHANGE #1:

A new document has appeared that a person applying for a job must present when concluding an employment contract. Candidates for work related to activities for which persons brought to administrative responsibility for drug use are not allowed to present a certificate. The certificate must indicate whether the bearer is or is not subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances.

1. It is necessary to check whether the organization has positions in which the law prohibits the employment of employees during the period of administrative punishment for drug use.

2. If such positions exist, it is necessary to request a certificate from the candidate for work before concluding an employment contract with him.

The candidate must obtain a certificate from the regional department of the Ministry of Internal Affairs. The procedure for issuing a certificate and its form were approved by Order of the Ministry of Internal Affairs of Russia dated October 24, 2016 No. 665.

Change applied date: 01.01.2017.

CHANGE #2:

1. Guarantees are provided for employees whom the employer has sent for an independent qualification assessment. An employee who, while away from work, undergoes an independent qualification assessment for compliance with the provisions of the professional standard, retains his position and average salary at his main place of work. If the independent assessment takes place in another location, the employee will be paid travel expenses.

2. There is a new requirement that the employer pays for the independent assessment

What you need to do to apply the changes:

1. The employer pays for an independent assessment of qualifications if he sends an employee to it on his own initiative.

2. An order is issued to preserve the employee’s place of work and average earnings for the period independent assessment qualifications.

3. If an employee undergoes an independent qualification assessment in another location, he will be reimbursed for the following expenses:

For travel;

For renting residential premises;

Daily allowance;

Other expenses that the employee incurred with the permission or knowledge of the employer.

Change applied date: 01.01.2017.

CHANGE #3:

1. The employer is given the right to determine the need to send employees for an independent qualification assessment.

2. It is stipulated that an employee can be sent for an independent assessment of qualifications only with his written consent and on the terms determined by the collective agreement or employment contract.

3. New responsibilities of the employer: approve the list necessary professions and specialties for sending workers to undergo an independent qualification assessment; provide employees sent for an independent assessment of their qualifications with the guarantees provided for by law, collective agreement, local regulations and employment contracts.

What you need to do to apply the changes:

1. A list of necessary professions and specialties is approved for sending employees to undergo an independent qualification assessment, taking into account the opinion of the representative body of the organization’s employees.

2. Changes are made to the collective agreement and local regulations. The new provisions prescribe the procedure and conditions for sending workers for an independent assessment of qualifications, and the guarantees that workers can count on.

3. The qualifications of employees are assessed for compliance with professional standards based on their documents on education and work experience.

4. A decision is made which employees need to be sent for an independent qualification assessment.

Change applied date: 01.01.2017.

CHANGE #4:

It is provided that employees have the right to undergo an independent qualification assessment.

What you need to do to apply the changes:

It is necessary to clarify with employees about undergoing an independent qualification assessment. Additional agreements to employment contracts are concluded with those who have given written consent.

Change applied date: 01.01.2017.

CHANGE #5:

1. Features installed labor relations for employers - small businesses that are classified as micro-enterprises.

2. It is stipulated that if the employer has ceased to be a micro-enterprise, then no later than four months from the date of amendments to the register he must begin to use to regulate labor relations general norms TK.

What you need to do to apply the changes:

The rules of the new chapter 48.1 of the Labor Code apply if the organization is a micro-enterprise and is included in single register small and medium-sized businesses. The criteria are specified in the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation.”

Change applied date: 01.01.2017.

CHANGE #6:

It is provided that a micro-enterprise has the right not to approve local regulations. If there are no local acts, it is necessary to include in employment contracts with employees those conditions that should be regulated local acts.

What you need to do to apply the changes:

Employment contracts at a micro-enterprise are concluded on the basis of a standard form of an employment contract, which was approved by the Government by Resolution No. 858 dated August 27, 2016. It is recommended that the employment contract include all conditions that should be regulated by local acts if the organization does not have them.

Change applied date: 01.01.2017.

CHANGE #7:

It has been established that in credit organization individual employees cease to receive incentive payments if a plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy is approved. The bank must stop paying incentive payments: additional payments and incentive allowances, bonuses and other incentive payments. Employees who are not paid incentives include: the manager, his deputies, Chief Accountant, his deputy, head and chief accountant of the bank branch, members of the bank’s board of directors.

What you need to do to apply the changes:

This norm applies if a plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy has been approved in relation to a credit institution. From the moment the Plan is approved, incentive payments to employees listed in Part 4 of Art. 349.4 TK.

Change applied date: 16.06.2017.

CHANGE #8:

It has been established that it is possible to terminate employment contracts for loss of trust with certain categories of employees if they use foreign financial instruments.

Foreign financial instruments:

1) securities and related financial instruments of non-residents or foreign structures without formation legal entity, which have been assigned international identification code securities;

2) participation shares, shares in authorized capitals organizations whose place of registration or location is a foreign state, as well as in the property of foreign structures not defined as securities and related financial instruments;

3) contracts that are derivative financial instruments, if at least one of the parties to such a contract is a non-resident or a foreign entity;

4) established in accordance with the legislation of a foreign state trust management property;

5) loan agreements, if at least one of the parties to such an agreement is a non-resident or a foreign structure;

6) loan agreements concluded with foreign banks or other foreign credit organizations located outside the territory of the Russian Federation.

What you need to do to apply the changes:

The ban on using foreign financial instruments is established for individual employees of state corporations, public law companies or state companies, as well as employees of the Pension Fund, Social Insurance Fund, Compulsory Medical Insurance Fund, and other organizations created by the Russian Federation on the basis of federal laws, organizations created to carry out the tasks assigned to federal government agencies. In these organizations, employment contracts are terminated according to clause 7.1, part 1, art. 81 of the Labor Code with an employee who owns or uses foreign financial instruments, if this gives rise to a loss of confidence in the employee on the part of the employer.

Change applied date: 28.06.2017.

CHANGE #9:

It is clarified that part-time work is:

Part-time work with a full work week;

Part-time work with an incomplete work week;

Full-time, part-time work.

An employee and employer, when agreeing on part-time work, can divide the working day into parts. The parties can establish part-time working hours either without a time limit or for any period that they agree on.

What you need to do to apply the changes:

1. Employment contracts or additional agreements to them on establishing part-time working time for an employee shall indicate:

Length of working days and working week;

Regime of working time and rest time: working days in the week, start and end times of work, breaks in work, conditions for dividing the working day into parts;

The period for which part-time work is established.

2. By agreement with the employee, the employer may change the condition of part-time work, which was agreed upon before the amendments were made to the Labor Code.

Change applied date: 29.06.2017.

CHANGE #10:

It is clarified that in cases where the employer is obliged to establish part-time working hours at the request of the employee, this should be done for a period convenient for the employee, but no more than for the period of circumstances in connection with which the law obliges the employer to fulfill the employee’s request. The employer sets the working hours and rest time in accordance with the wishes of the employee and taking into account the conditions of the organization.

What you need to do to apply the changes:

1. The employer, as before, is obliged to establish part-time working hours at the request of:

Pregnant woman;

One of the parents, guardian, trustee with a child under 14 years of age;

One of the parents, guardian, trustee with a disabled child under the age of 18;

A person caring for a sick family member in accordance with a medical report.

2. In an employment contract or additional agreement it is indicated:

Circumstances in connection with which the employee is assigned part-time work;

The period during which he will work part-time;

The working hours and rest hours that the employer has agreed upon with the employee, taking into account his wishes and the interests of the organization.

3. If the organization employs employees for whom part-time work at their request is established without a time limit, it is recommended to conclude additional agreements with them, which specify the period of validity of this condition.

Change applied date: 29.06.2017.

CHANGE #11:

A rule has been introduced according to which it is possible to establish irregular working hours for part-time workers. For part-time employees, irregular working hours can be established only if they work full-time and part-time.

What you need to do to apply the changes:

1. When an employee is assigned an irregular working day, it is necessary to clarify that he works full-time or full-time with a part-time workweek.

2. When an employee is assigned part-time work, it is necessary to clarify whether he is working on irregular working hours. If this is the case, then an incomplete week can be established; the working day should remain full duration.

3. If the organization employs employees who are subject to irregular hours when working part-time, it is necessary to bring the terms of their employment contracts in accordance with the law.

Option 1. It is necessary to cancel irregular working hours. The employee is provided additional leave, which he earned for the period until June 29, 2017. After this date, the employee will not be required to work irregular working hours. He is not entitled to leave.

Option 2. The part-time work schedule is changing - the employee is given a full-time working day with a part-time working week (by agreement of the parties). In this case, the employer will be able to involve an employee who works full time to work irregular working hours.

Option 3. The employee's part-time work is cancelled. In this case, the employer will be able to involve him in working irregular hours.

Change applied date: 29.06.2017.

CHANGE #12:

A rule has been introduced for overtime pay on weekends and non-working holidays. Such work must be paid at an increased rate or compensated for with other rest time and not taken into account in the billing period when calculating the number of hours of overtime work that must be paid at an increased rate.

What you need to do to apply the changes:

1. Overtime work on a weekend or holiday is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate.

2. Overtime work on a weekend or holiday is compensated by other rest time, but not less than the time worked overtime, if the employee makes this request.

3. When at the end billing period the number is counted overtime hours hours worked by an employee, which are paid at an increased rate, do not count the hours he worked on a day off or holiday.

Change applied date: 29.06.2017.

CHANGE #13:

A rule has been introduced to pay for hours worked on weekends and non-working holidays. An increased amount is paid for the hours that the employee actually worked on a day off or a non-working holiday. If part of a work shift falls on a weekend or holiday, then the hours worked from 0 to 24 hours on that day are paid at an increased rate.

What you need to do to apply the changes:

Each hour of work from 0 o'clock to 24 o'clock on a weekend or holiday is paid at least double:

To the pieceworker - at no less than double piecework rates;

An employee whose work you pay by the hour tariff rates, - in the amount of at least double the hourly tariff rate;

An employee receiving a salary if he worked on a weekend or holiday within monthly norm working time - in the amount of not less than the hourly rate or part of the salary per hour of work in excess of the salary;

An employee who receives a salary if he worked on a day off or a holiday in excess of the monthly standard working time - in the amount of at least double the hourly rate or part of the salary per hour of work in excess of the salary.

Change applied date: 29.06.2017.

CHANGE #14:

It is provided that 15-year-old citizens who left school or were expelled from it and continue to receive general education in another form of training, they can work. They can only perform light work, which does not harm their health and does not interfere with the learning process. It is clarified that in order to conclude an employment contract with a 14-year-old citizen, the written consent of one of the parents, the guardian and the guardianship and trusteeship authority is required.

What you need to do to apply the changes:

Without additional documents and permits, you can enter into employment contracts with citizens over 16 years of age.

1. Employment contracts are concluded with citizens over 15 years of age to perform light work that does not harm their health. When establishing working and rest hours, it is necessary to take into account the educational schedule and educational program, according to which the specified employee receives general education. Work should not interfere with your studies.

2. To conclude an employment contract with a citizen who has reached the age of 14 years, who is receiving or has completed general education, it is necessary to obtain the written consent of one of his parents, a guardian and the guardianship authority

Change applied date: 12.07.2017.

CHANGE #15:

The length of the working week for workers under the age of 18 who are receiving general education or secondary education has been clarified professional education and combine work with study.

What you need to do to apply the changes:

For minor workers who receive general education or secondary vocational education and combine work with study, the standard working time per week is set to no more than:

12 hours - for workers under 16 years of age;

17.5 hours - for workers from 16 to 18 years old.

Change applied date: 12.07.2017.

CHANGE #16:

The length of the working day has been introduced for workers under the age of 18, including persons who receive general education or secondary vocational education and work during the holidays.

What you need to do to apply the changes:

For minor workers, the working day is set to no more than:

2.5 hours - for workers from 14 to 16 years old who work during the school year;

4 hours - for workers from 14 to 15 years old, including persons who work during the holidays, and for workers from 16 to 18 years old who work during the school year;

5 hours - for workers from 15 to 16 years old, including persons who work during the holidays;

7 hours - for workers from 17 to 18 years old, including persons who work during the holidays.

Change applied date: 12.07.2017.

CHANGE #17:

A new obligation has been introduced for the employer: to enter information about an employee dismissed for loss of trust under clause 7.1, part 1, art. 81 TK, to the register. The employer must include information about the dismissal of an employee due to loss of confidence for committing a corruption offense in the register of persons dismissed due to loss of confidence (Article 15 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”).

What you need to do to apply the changes:

Information about employees dismissed for loss of trust for a corruption offense is entered into the register, which will be posted in the state information system in the field of public service on the Internet.

Due to the emergence of new regulations in the Russian Federation, it has undergone changes.

Changes in the Labor Code from 01/01/2017

About independent qualification assessment

From 01/01/2017 a completely new Federal Law of July 3, 2016 No. 238-FZ “ » . Simultaneously with this fact, the Labor Code of the Russian Federation establishes guarantees and compensation for employees sent by the employer to undergo an independent qualification assessment (). If a person is sent for the specified assessment without work, his place of work, position, as well as his average salary will be retained. If an employee leaves for another area, he will be paid travel expenses(the same as in the case of sending a person on a business trip).

The Labor Code of the Russian Federation states that payment for an independent assessment is carried out at the expense of the employer (if it is he who sends it).

In addition to the guarantees established by labor legislation, the employer must provide the employee with guarantees established by other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations, employment contract ().

The rights and obligations of the employer in sending persons to undergo the specified qualification assessment () are reflected. In particular, the need for referral is determined by the employer, and it is he who determines the list of necessary professions and specialties for sending an employee to undergo an assessment, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations. The procedure and conditions for referral for assessment are determined by the collective agreement, agreements, employment contract, but the written consent of the employee must be required.

To undergo an independent qualification assessment, an agreement is concluded between the employee and the employer.

The list of documents presented when concluding an employment contract () will be supplemented by a certificate stating whether or not the person is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Such a certificate is issued in the manner and form established by the Ministry of Internal Affairs of the Russian Federation. This certificate must be provided only when applying for a job related to activities that persons subject to administrative punishment are not allowed to perform (before the end of the period during which they are considered subject to such punishment):

for the consumption of narcotic drugs;
for the consumption of psychotropic substances without a doctor’s prescription;
for the consumption of new potentially dangerous psychoactive substances.

The types of these activities are determined by federal laws. For example, such persons are not allowed to work on a ship in accordance with (), as well as ().

Chapter 48.1 of the Labor Code of the Russian Federation

From 01.01.17 introduced new chapter in the Labor Code of the Russian Federation - . It reflects the features of labor regulation of persons working for employers - small businesses, which are classified as micro-enterprises. Which organizations belong to microenterprises are indicated in Part 3 Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”.

Such an employer has the right not to adopt, in whole or in part, local regulations containing the following standards:

internal labor regulations;
wage regulations;
bonus regulations;
shift schedule;
other.

But in this case, the employer must include these conditions in employment contracts with employees (). These agreements are concluded according to standard form, approved Decree of the Government of the Russian Federation dated August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.”

Because some change legal acts, concerning issues of military service in the military prosecutor's office and military investigative bodies of the Investigative Committee of the Russian Federation, then minor amendments have been made to.

The traditional increase in the minimum wage did not occur on January 1, 2017. But from July 1, 2017, the minimum wage will increase by 300 rubles. - from 7,500 rub. up to 7,800 rub.

A change in the minimum wage will not affect the amount of insurance premiums, since the law provides for only a one-time recalculation during the calendar year.

Electronic sick leave begins to operate

Temporary sick leave certificates are being replaced by electronic sick leave certificates, although they will not immediately replace paper forms. The process will happen gradually.

It is expected that electronic sick leave will be issued to patients with their written consent and certified by an enhanced qualified electronic signature.

Advantages of electronic sick leave:

interested parties will be able to track information about issued sick leave in automated system, which will be under the control of the FSS of Russia;
employers will be provided with data on sick leave of citizens employed by them, and the Social Insurance Fund and medical institutions will also have access to the database;
certificates of incapacity for work are almost impossible to fake;
For employers, the risk of being fined for accepting pay slips that do not meet the requirements of the Social Insurance Fund is reduced to zero.

In the near future, the Ministry of Health will decide on the form and sample for filling out an electronic sick leave.

Personal data will have to be processed with special care due to a significant increase in fines

We previously wrote that the law expands the list of offenses in the field of personal data protection. Now there will be seven of them, each violation will result in a fine. Moreover, the maximum monetary penalty is provided for the processing of personal data without the consent of their subject - up to 75,000 rubles.

Amendments to part-time work, overtime pay and work on weekends and holidays

Basis - Federal Law of June 18, 2017 No. 125-FZ (amends Articles 93, 101, 108, 152 and 153 of the Labor Code)

It is important for employers to know that the law:

Establishes the possibility of reducing the duration of daily work (shift) by a certain number of working hours while simultaneously reducing the number of working days per week.
Explains when an employee working on a part-time basis can have an irregular working day: only if the agreement of the parties establishes a part-time working week, but with a full working day (shift).
Clarifies that if the duration of daily work (shift) established for an employee does not exceed four hours, he may not be provided with a break for rest and food.
Specifies the procedure for paying overtime work: when calculating overtime hours, work on weekends and non-working holidays performed in excess of normal working hours is not taken into account.
Clarifies that part-time working hours can be established either without a time limit or for any period agreed upon by the parties. At the same time, dividing the working day into parts is also allowed.
Gives an understanding of the procedure for remuneration on weekends and non-working holidays. Increased payment is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on that day (from 0 hours to 24 hours) are paid at an increased rate.
Indicates that in cases where the employer is obliged, at the request of the employee, to establish part-time working hours, it should be established for a period convenient for the employee, but no more than for the period of relevant circumstances. In this case, the working hours and rest hours are determined in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
Introduces the obligation to establish part-time work at the request of a pregnant woman, one of the parents (guardian, custodian) of a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member. In this case, part-time working time is established no more than for the period of existence of the specified circumstances.

13 constituent entities of the Russian Federation will join the FSS pilot project “Direct Payments”

20 regions are already participating in the project, and it should be completed in 2019.

According to the new rules, the following will have to work: the Republic of Adygea, the Republic of Altai, the Republic of Buryatia, the Republic of Kalmykia, Altai region, Primorsky Territory, Amur Region, Vologda Region, Magadan Region, Omsk Region, Oryol Region, Tomsk region, Jewish Autonomous Region.

According to the innovations, policyholders must send all documents for temporary disability benefits directly to the Social Insurance Fund. Employers will still have to pay their employees for the first three days of illness, with exceptions in cases where the benefit is paid entirely from the budget.

The Direct Payments project frees policyholders from the functions of calculating benefits. It ensures the correct calculation of benefits for insured citizens, frees them from dependence on the employer and minimizes conflict situations with him, and provides an independent choice of how to receive benefits - to a bank account or by postal transfer.

For the Social Insurance Fund, this is the ability to control all paid certificates of incapacity for work, the transition to an electronic certificate of incapacity for work, reducing cases of insurance fraud, and optimizing costs.

All the necessary information on the Direct Payments project ( regulations, booklets, memos, etc.) can be found

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