5 min
Methodology Expert, BDO Unicon Outsourcing
New notification forms related to the employment of foreign nationals in the Russian Federation
From 1 January 2021, new notification forms apply to the employment of foreign nationals in the Russian Federation, which employers are required to send to the internal affairs authorities.
The General Administration for Migration of the Ministry of Internal Affairs must be notified of employment contracts being entered into or terminated with foreign nationals, as well as of salaries paid to highly qualified specialists.
Drivers’ work and rest schedule
The Ministry of Transport has adopted special working hours, rest time and work conditions for drivers. The order sets special working hours, rest time and work conditions for:
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vehicle drivers who perform their driving jobs as part of their employment duties;
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vehicle drivers who are individual entrepreneurs and drive vehicles by themselves.
The new rules took effect on 1 January 2021.
Orders of the Ministry of Transport , , N
Distant work
Chapter 49.1. of the Labour Code of the Russian Federation governing the work of distant employees was amended and supplemented.
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Now remote work becomes a synonym of distant work.
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Starting 1 January 2021, an employment contract for distant work may be either permanent or temporary.
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The Law allows employees to alternate distant work and work at their permanent workplace.
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In case of an emergency, employees may be transferred to remote work without their consent.
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The Law settled the issue of interaction between the employer and the distant worker.
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Additional grounds for the dismissal of distant workers were changed.
Electronic employment record books
On 1 January 2021, the transition to electronic employment record books came to a close.
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Employees were to select one of the options for their employment history records – whether in electronic or paper form.
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Employers no longer provide employees hired for the first time with a paper employment record book.
Starting from 7 March 2021, citizens can apply to the Russian Pension Fund for carrying over their employment periods from a paper employment history records to a personal account.
Employment history records made until 1 January 2020 are acceptable for carrying over to the electronic database.
Annual paid leave
Employees with three or more children aged under 18 are now permitted to take leave at their convenience. An employee will be entitled to do so until the youngest child turns 14. Previously, leave could be taken at a convenient time by employees with three or more children aged under 12, and the age of the youngest one was not specified.
The new rules took effect on 20 March 2021.
Electronic document management
The experiment to translate paper personnel documents into electronic format has been extended until 15 November 2021.
The experiment began on 5 May 2020. It was expected to end on 31 March 2021.
Currently, Draft Law No. 1162885-7 “On Amending the Labour Code of the Russian Federation (Regarding the Regulation of Electronic Document Management in Labour Relations)” has been submitted to the State Duma of the Russian Federation for review. Once the experiment is completed, amendments to the Labour Code of the Russian Federation may be adopted, and employers may be able to translate some of their personnel documents to electronic form.
Compensation for moral damages
Starting from 16 April 2021, employees are entitled to recover from the employer compensation for moral damages caused by the employer’s misconduct (omission to act), alongside their main claim against infringement on their rights. An employee can also file an independent claim for compensation within three months of the court decision becoming valid, whereby these rights were restored in full or in part.
Resolution of the Russian Pension Fund, the Board of the Pension Fund of the Russian Federation No. 769p dated 27 October 2020
Starting from 1 July 2021, a new SZV-TD report form must be applied.
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The new form requires indication of the employer whose legal successor the policyholder is. This information must be indicated if it is necessary to provide (correct) information about the employment activity of an employee whose employer is currently deregistered.
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For employees who work in the Far North or locations equivalent to the Far North it will be required to enter the codes “RKS” and “MKS”, respectively.
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The column “Function Code” will need to be filled in on a mandatory basis and in accordance with the All-Russian Classification of Occupations.
