Independent Assessment of Qualification
Federal Law No. 238-FZ dated 3 July 2016 “On Independent Assessment of Qualification”.In effect from 1 January 2017.
- The procedure for independent assessment of personnel qualification has been established.
- Assessment is performed by independent qualification assessment centres.
- An employee may confirm on its own the conformity of his/her qualification to requirements of the occupational standard or to qualification requirements.
- An employee may undergo independent assessment of qualification by the assignment and at the cost of the employer. If the employer sends its employees for assessment, the employer shall establish the procedure for such sending in a collective agreement or an employment agreement. The employee’s consent to the assessment is obligatory.
- Independent assessment of the conformity to the occupational standard shall be voluntary.
- For the period of off-job assessment, the job and the average salary shall be reserved for employees.
Microenterprises
Federal Law No. 348-FZ dated 3 July 2016 “On Amending the Labour Code of the Russian Federation as Regards the Regulatory Aspects of Labour of Persons Employed with Small Businesses Classified as Microenterprises”.In effect from 1 January 2017.
The Labour Code has been supplemented with Chapter 48.1. Regulatory Aspects of Labour of Persons Employed with Small Businesses Classified as Microenterprises.
These amendments will facilitate the personnel records management at the microenterprises. Individual entrepreneurs and organisations classified as microenterprises may withdraw from the approval of certain local regulations. All conditions and guarantees shall be included in the employment agreement, which will be concluded according to a standard form.
The register of organisations classified as microenterprises is maintained by the Federal Tax Service of the Russian Federation:
Decree No. 858 dated 27 August 2016 of the Government of the Russian Federation “On a Standard Form of an Employment Agreement Concluded by and between an Employee and an Employer – Small Business Classified as a Microenterprise”
has approved a standard form of an employment agreement which must be used by the employers classified as microenterprises, who have decided to withdraw from the approval of local regulations.
A standard form may be used by other employers as well.
Foreign employees
Order No. 803н dated 27 October 2016 of the Russian Ministry of Health.On Amending the Rules of Compulsory Health Insurance, approved by Order No. 158н dated 28 February 2011 of the Russian Ministry of Health and Social Development, for the purpose of implementing the provisions of the Treaty on Eurasian Economic Union signed in Astana on 29 May 2014.
From 1 January 2017.
Foreigners, citizens of EEU member states who temporarily stay in the Russian Federation may obtain a compulsory health insurance policy. This rule applies to foreign citizens who work in the Russian Federation under employment agreements.
Audit of employers
Decree No. 177 dated 13 February 2017 of the Government of the Russian Federation1 March 2017.
Labour inspectors will audit the employers based on the approved forms of check lists. Approved forms of check lists will be published by the Federal Service for Labour and Employment (Rostrud) on its official website .
Decree No. 197 dated 16 February 2017 of the Government of the Russian Federation.
1 March 2017.
A risk-oriented approach has been introduced for scheduled audits of employers. Now the frequency of scheduled audits will depend on the risk category of the activity conducted by the organisation. The risk category depends on potential harm that may be inflicted, for example, to the life and health of employees, their labour rights, inter alia, as regards payment of salary and compliance with the terms of its payment.
Part-time work
Federal Law No. 125-FZ dated 18 June 2017On Amending the Labour Code of the Russian Federation
From 29 June 2017.
Amendments have been introduced to Article 93 of the Labour Code of the Russian Federation.
The arrangement procedure for part-time work has been changed. Now, part-time work may be established without limitation of time or for any time period, as may be agreed upon by the employer and the employee.
Irregular working hours
Federal Law No. 125-FZ dated 18 June 2017.On Amending the Labour Code of the Russian Federation
From 29 June 2017.
Amendments have been introduced to Article 101 of the Labour Code of the Russian Federation.
The arrangement procedure for irregular working hours has been changed. Now irregular working hours may be established for the employees working part-time only if they work an incomplete working week, but a full working day (shift).
Breaks for rest and meals
Federal Law No. 125-FZ dated 18 June 2017On Amending the Labour Code of the Russian Federation
From 29 June 2017.
Amendments have been introduced to Article 108 of the Labour Code of the Russian Federation.
Article 108, which governs the provision of breaks for rest and meals, has been supplemented to read as follows: “The internal labour regulations or an employment agreement may specify that the said break may not be granted to the employee if the duration of his/her daily work (shift) does not exceed four hours”.
Overtime pay
Federal Law No. 125-FZ dated 18 June 2017On Amending the Labour Code of the Russian Federation
From 29 June 2017.
Article 152 of the Labour Code of the Russian Federation regarding overtime pay has been supplemented with the following paragraph: “Work performed in excess of the working time limit on days off and public holidays, and paid for in an increased amount or compensated with another day off in accordance with Article 153 hereof, shall not be taken into account for the purpose of determining the duration of the overtime work being subject to payment in an increased amount in accordance with Part 1 of this Article”.
Payment for work on days off and public holidays
Federal Law No. 125-FZ dated 18 June 2017.On Amending the Labour Code of the Russian Federation
From 29 June 2017.
Article 153 of the Labour Code of the Russian Federation regarding payment for work on days off and public holidays has been supplemented with the following paragraph: An increased fee shall be paid to all employees for the hours actually worked on a day off or a public holiday. If a part of the working day (shift) falls on a day off or a public holiday, the hours actually worked on a day off or a public holiday (00:00 to 24:00) shall be subject to payment in an increased amount.”
Note: Articles 152 and 153 of the Labour Code of the Russian Federation have been supplemented with the rules that have been used earlier based on Explanation No. 13/П-21 dated 8 August 1966 of the State Labour Committee of the USSR and the Presidium of the All-Union Central Soviet of Trade Unions. This document has been declared invalid in the territory of the Russian Federation in May this year, therefore, its provisions have been included in the Labour Code of the Russian Federation.
Personal data
Federal Law No. 13-FZ dated 7 February 2017 On Amending the Code of Administrative Offences of the Russian Federation.From 1 July 2017.
Amendments have been introduced to Article 13.11 of the Code of Administrative Offences of the Russian Federation, which provides for administrative liability for the breach of the procedure established by law for collecting, storing, using, or distributing information about citizens (personal data).
The sole type of violation has been replaced with seven new ones, and separate liability is provided for each of them.
Electronic medical disability certificates
Federal Law No. 86-FZ dated 1 May 2017.On Amending Article 13 of the Federal Law “On Compulsory Social Insurance for Temporary Disability and for Maternity Cases” and Articles 59 and 78 of the Federal Law “On Basic Principles of Public Health Care in the Russian Federation”
From 1 July 2017.
Medical disability certificates may be issued in electronic form.
Drivers
Federal Law No. 132-FZ dated 5 May 2014.On Amending Article 3 of the Federal Law “On Amending the Federal Law “On Traffic Safety” and the Code of Administrative Offences of the Russian Federation”.
From 1 June 2017.
A new procedure has been introduced, under which a foreign citizen may be employed as a driver irrespective of his/her status, only if he/she has a driver’s licence of a Russian standard form (Article 3 of Federal Law No. 92-FZ dated 7 May 2013, Article 2 of Federal Law No. 285-FZ dated 2 November 2013). Should this requirement be violated, organisations will face administrative liability.
Federal Law No. 204-FZ dated 26 July 2017.
On Amending Article 25 of the Federal Law “On Traffic Safety”
From 26 July 2017.
Citizens of the states where the Russian language has the status of an official language have been allowed to work as drivers in the territory of Russia using their national driver’s licences.
Such states include: the Republic of Belarus, the Republic of Kazakhstan, the Republic of Tajikistan, and the Kyrgyz Republic.
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