Key Amendments to the Labour Legislation-Publication
Ольга Абашникова
Olga Abashnikova

Lead Methodology Expert, Unicon Outsourcing

New Rules for Maintaining Employment Record Books

Starting from 1 September 2021, a new procedure for maintaining and keeping employment record books comes into effect.

What changed?

Before

After

Deadline for making records of employment

No later than a week; in case of dismissal, on the day of dismissal

No later than 5 business days; in case of dismissal, on the day of dismissal

Employment record book issue deadline

 

No later than 3 business days from the date of application

Procedure for making records of part-time employment

Records are only made by the employer for the full-time place of employment

Information may be entered by the employer who has hired the employee on a part-time basis, if he/she is not currently employed

Procedure for making records of a temporary transfer that has become permanent

This issue has not been resolved

A record of a temporary transfer that has become permanent may be made

Signature of the employee in the employment record book upon dismissal

Upon dismissal of an employee, all records made to his/her employment record book by the employer are certified by the employee’s signature

No signature of the employee in the employment record book upon dismissal is required

Ways of filling in employment record books

Records are made with a fountain or gel pen or a rollerball pen (including ballpoint pen) with light and water resistant ink (paste, gel) in black, blue, or violet

Records may also be made to the employment record book using technical means by transferring dyes or in the form of a stamp (seal)

Registration book for movement of employment record books and inserts

Is maintained according to the approved form

The employer independently develops registration books (logs) for employment record book forms and inserts and for movement of employment record books

Procedure for making a record in the employment record book on the refusal to maintain it and deadline for issuing it due to the fact that the employee switches to an electronic employment record book

Not resolved

The procedure for making a record and the deadline for issuing the employment record book to the employee have been established: no later than 3 business days from the date of application

According to the new rules, it is no longer required to duplicate records from the employment record book in the personal card and familiarise the employee with those records against signed acknowledgement.

A new employment record book form has been approved, which will apply starting from 1 January 2023.

The new rules will remain in effect until 1 September 2027.

Document: Order of the Ministry of Labour of the Russian Federation No. 320н dated 19 May 2021

 

HR Electronic Document Management (HREDM)

Chapter 2 of the Labour Code of the Russian Federation has been supplemented with special Articles 22.1 to 22.3, which govern the procedure for creating, signing, using, and keeping employment-related documents in electronic form.

A number of documents need not now to be duplicated on paper, but there are exceptions:

  1. HREDM does not apply to employment record books and information on the labour activities of employees. 
  2. You may not draw up an industrial accident report and an order of dismissal of an employee in electronic form.
  3. Documents certifying the employee’s occupational health and safety briefings must be drawn up on paper.

For electronic document management, the employer may use both its own information system and the “Work in Russia” unified digital platform. To implement HREDM in a company, the employer’s initiative and the employees’ consent are required.

  1. When hiring new employees, the employer must familiarise them with the bylaw on electronic document management and obtain written consents to participate in the same. No consent is required from employees who are hired from 1 January 2022.
  2. Employees who have refused to participate in HREDM or have not provided their written consent may provide the permission later.

 

The amendments have come into affect from November 2021, however, certain rules will become operative at a later date:

  1. Starting from 1 September 2022, the provisions of Article 22.1 will apply, which are related to the interaction between the “Work in Russia” platform and the company’s information system with the Unified Portal of Public and Municipal Services.
  2. Starting from 1 March 2023, uniform requirements for the composition and formats of electronic documents will apply. Until that time, employers may independently develop and apply electronic document forms.

 

Employers who participated in the experiment on the use of electronic documents and decided to continue using HREDM in the company could apply the new rules from November 2021. However, they are required to take measures to bring them in line with the requirements of the Labour Code before 1 July 2022. Among the main stages of switching to HREDM:

  1. Determine the information system that will be used to exchange electronic documents.
  2. Make a list of documents that will be kept without duplication on paper.
  3. Determine the list of electronic digital signatures that will be used by the employer for signing electronic documents.
  4. Approve a bylaw.
  5. Notify each employee within the deadline established by the bylaw of the switching to interaction with the employer using HREDM.
  6. Obtain written consents from employees to interact with the employer through electronic document management.

 

Further, amendments have been made to a number of other Articles of the Labour Code:

  • Article 312.1 of the Labour Code of the Russian Federation allows employers to decide on interaction with remote employees through HREDM (in accordance with the requirements of Articles 22.1 to 22.3).
  • The employer’s obligation to issue a hiring order has been removed from Article 68 of the Labour Code of the Russian Federation. Hiring may only be documented under an employment contract.

 

If the employer decides to stop issuing hiring orders, all of the company’s bylaws should be analysed, and amendments should be made to those documents where that order is mentioned. Since many of HR documents require a reference to the document No., where under a record was made or an event was documented, the details of the employment contract should be indicated instead of the hiring order.

Document: Federal Law No. 377-FZ dated 22 November 2021

 

New Grounds for Suspension from Work

Starting from 1 March 2022, the employer is required to suspend an employee who does not use the personal protective equipment issued to him/her from work, if this is mandatory; for example, when working in harmful and/or hazardous working conditions, as well as at work performed in special temperature conditions.

Document: Federal Law No. 311-FZ dated 2 July 2021



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