Briefly on changes in labor law

1.    Starting July 1, 2017, an employee will be able to receive a sick leave certificate in electronic form. Polyclinics will issue such sick leave certificates, and companies will be able to accept them.

The standard hard copy sick leave certificates will continue to be in force after July 1. However, based on the patient’s consent, a medical organization may register his sick leave in electronic form.

Any company is entitled to join the project, including small and medium companies. In order to introduce the innovation, the patient’s employer and medical organization must be enrolled in the information interaction system. The Russian Government will establish the procedure for the system operation at a later date. Furthermore, an encrypted certified electronic signature and special software will be needed.

Document: Federal Law No.86-FZ “On entering amendments into Article 13 of Federal Law ‘On mandatory social insurance for temporary disability and maternity leave’ and Articles 59 and 78 of Federal Law ‘On fundamentals of public health in the Russian Federation’” dated 01.05.2017.

2.    On July 6, 2017, the Federal Service for Labor and Employment (Rostrud) published on its web site the lists of employers of high and substantial risk categories.

Rostrud on its web site published information on the employers whose activity is classified as being in the high and substantial risk category.

Please note that starting March 1, 2017, the frequency of scheduled inspections of the State Labor Inspectorate depends on the risk category of a company’s activity. The higher the risk, the more frequent the inspections. For instance, employers in the high risk category are subject to inspections once in two years, and those in the substantial risk category – once in three years.

If the employer is not specified in either list, its risk category is medium or lower. This means that the inspection will be conducted maximum once in 5-6 years, and, in some events, there will be no scheduled inspections at all. Rostrud can provide further details. The Inspectorate responds to requests within 15 business days from the date a request is received.

If the employer does not agree with the risk category assigned, it is entitled to file a respective appeal with the State Labor Inspectorate.

3.    New standard for HR documents to be introduced starting July 1, 2018

Introduction of the state standard GOST R 7.0.97-2016 (hereinafter the “GOST”) regarding HR documents was scheduled for 01.07.2017; however, Rosstandart moved the date of project implementation to a year later (starting from 01.07.2018).

This GOST introduces new requirements for drawing up and certifying HR documents, namely:

• The documents will include new details: a notation on electronic signature and a marking on restricted access to a document;
• New rules for certifying copies of work record books and placing stamps in them;
• Preferred fonts for document details.

These changes will concern all businesses without exceptions.

Document: 1) Order No.435-st of Rosstandart dated 25.05.2017, 2) GOST R 7.0.97-2016. National standard of the Russian Federation. System of standards for information, library and publishing business. Requirements for drawing up documents (approved by Order No.2004-st of Rosstandart dated 08.12.2016).

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