December 3, 2019 State Duma has approved in third reading a bill which introduces e-labour books starting the 1st of January 2020. Bill amends the Russian Labour Code.
What is going to change: by 2021 paper-based labour book will be completely replaced by transfer of data to the Russian Pension Fund. Paper-based labour books will only be continued for those employees who filed application for this by the end of 2020 and started their labour activities before the 1st of January 2020.
Which data will be submitted to the Pension Fund instead/along with keeping of paper-based labour book:
- Employee personal information, place of work, their labour function – job position;
- Transfers of employee to other job positions;
- Employee’s dismissals with information regarding the reasons and basis for labour agreement termination;
- Other information, according to the Labour Code and other federal laws;
After e-labour books will be introduced it will be possible to receive personal labour information following ways:
- From the employer;
- From the Multi-functional government center;
- From the Pension Fund;
- From the Internet-Portal «Gosuslugi»;
Data will be supplied in the following forms:
- In the form of paper document;
- In e-form, verified by e-signature (via e-mail);
What has to be done by employers and what are the deadlines:
- Now – start outreach campaign to employees regarding introduction of e-labour books;
till June 30, 2020:
- Notify each employee in writing regarding changes in the Labour legislation related to the introduction of e-labour books, explain the possibility to file application to continue keeping the paper-based labour book (according to art. 66 of the Russian Labour Code) by December 31, 2020 or to file application for transfer to e-labour book (according to art. 66.1 of the Russian Labour Code).
Employers have to submit information in the e-form regarding employment with regards to each employee to the Pension Fund irrespective of the fact whether employee has opted to save the keeping of the paper-based labour book or not.
In case employee has not filed any of the applications (to save the paper-based labour book or transfer to e-labour book), employer has to continue the paper-based labour book keeping (according to art. 66 of the LC) and at the same time has to start submission of employment information in e-form to the Pension Fund according to the requirements of the legislation.
Employee, who filed application for transfer to the e-labour book will get their paper-based labour book back from their current employer. After that employer will be discharged from the duty of keeping it. When the paper-based labour book is returned to the employee, following such application, the following entry should be made: the labour book is returned to the employee due to the fact that employee has filed an application for his labour record to be continued according to the rules of art. 66.1 of the Russian Labour Code.
Employees, who filed applications for their labour books to be kept in the paper form, when applying for a job with a different employer have right to demand that their labour books are continued to be kept in paper form. At the same time employee has the right to file application for the labour book to be kept in e-form at any time.
till December 31, 2020:
- Draft\change in-company documents: amend labour agreements signed with HRs and their job manuals; amend internal company manuals and codes, determine the way of communication with employees who filed for transfer to e-labour books, draft forms and notifications;
- Make sure that the company is technically ready: issue e-signature, renew HR systems;
- Gather data from all employees regarding transfer to e-labour books or keeping paper labour books;
after December 31, 2020:
- Paper labour books will not be made for those who started their labour activities after the 31st of December 2020. All data regarding their employment will be kept according to art. 66.1 of the Labour Code (e-labour books);
- With regards to employees, who started their labour activities before the 31st of December 2020, the current rules will apply: whether paper labour book will be kept + employment data in e-form (e-labour book) or just e-labour book will depend on their choice.
How employers will have to notify Pension Fund/keep e-labour books
Ministry of Labour and Pension Fund will agree upon and approve:
- Form for communication of employment data to the employee regarding work with the current employer;
- Form for communication of employment data to the employee regarding work with multiple employers from the info-resources of the Pension Fund;
- Form for communication of employment data to the Pension Fund by the employer;
- Regulations regarding completion of the aforementioned forms;
All procedures of labour book keeping have to be followed by the employers with regards to foreign employees as well. In order to be able to file employment data regarding their employment to the Pension Fund, foreign workers have to have number of the individual account of the insured person in the system of obligatory pension insurance (SNILS). Without SNILS transfer of the employment data to the Pension Fund will be impossible.
Amendments come into force on the 1st of January 2020.
Bill № 748684-7 «Amendment of the Labour Code of Russian Federation in the part related to the keeping of employment data in the e-form»;
We will keep you posted on the developments. Meanwhile, should you have any questions or concerns, please feel free to contact us.
Migration Law Department