The new Labor Code of the Russian Federation main changes. Additional document upon hiring

The coming year 2016 was characterized by large quantity changes and amendments to legal acts various branches of law, including labor law. The introduction of new reporting forms, changes in KBK codes, an increase in the minimum wage and benefits for disabled children, the introduction of professional standards and the abolition of agency work - these are just some of the innovations of 2016. Let us consider in more detail what changes have affected this area of ​​law.

Labor legislation in 2016 has undergone quite big changes. There are two dozen main amendments to certain legal acts of this branch of law. Let's look briefly at each of them. For ease of perception, the information is presented in table form in comparison with last year.

* IN currently Temporary staff can only be obtained from private employment agencies. At the same time, the duration of work of hired employees and their number are limited. Yes, according to general rule The period for which personnel can be hired is no more than 9 months. (further in agreement with the trade union), and the total number of hired employees should not exceed 10% of average number company employees.

To provide services for the provision of temporary staff, employment agencies must be accredited and also comply with certain conditions, in particular, not to apply special regimes, to have an authorized capital of at least one million rubles, not to have tax arrears, etc.

** If foreign citizen hired for a position other than that specified in the permit or patent, the employer faces a fine of up to 800 thousand rubles.

*** If an employee refuses to pay salary to the card, then the employer is obliged to give him a salary in cash in cash. If, when an employee applies for payment of salary in cash, it is paid in non-cash form, then the salary is considered unpaid on time, which entails financial liability for the employer. In order to protect yourself from unnecessary costs in this case, the condition on payment of wages to the employee (in particular on bank card) must be specified in the employment contract.

To summarize the above, we note the main changes in labor legislation:

• Increasing the minimum wage, benefits for disabled children, and marginal income to receive standard deductions;
• Providing social benefits at the place of work;
• Introduction of new reporting forms: SZV-m and 6-NDFL;
• Changes in KBK codes for payment of insurance premiums;
• Abolition of agency labor and introduction of professional standards.

It should be noted that a number of bills introducing new changes to labor legislation in 2016 have not yet been approved by the President and are at the stage of consideration by the State Duma of the Russian Federation.

An employment contract cannot indicate salary in foreign currency. For establishing a probationary period of six months, the company and directors will be fined. These and other changes in labor legislation in 2016 are in this material:

1. We approved the list of works for which recruitment agencies does not have the right to send employees under a contract of agency labor. This is work at production facilities of hazard class I and II (Order of the Ministry of Labor of Russia No. 858n and Rostechnadzor No. 455).

2. Citizens of the Eurasian Economic Union must present a VHI policy when applying for a job. The rule does not apply to residents of Belarus and applies to citizens of Armenia, Kazakhstan, and Kyrgyzstan. At the same time, officials clarified that contributions to Pension Fund The Russian Federation does not need to pay from the income of such workers, but disability and maternity benefits will have to be accrued (letters from the Ministry of Labor of Russia No. 17-3/B-560, No. 16-4/B-823).

3. The Ministry of Labor clarified that when calculating insurance premiums, it is not necessary to take into account the payments that the employee received at his previous place of work. We are talking about a situation where an employee changed companies during the year (letter of the Ministry of Labor of Russia No. 17-4 / OOG-1569).

4. A six-month probationary period is established only for the head of the company and his deputy, heads of the branch, representative office and separate division, chief accountant and his deputy. Probation for other employees cannot exceed three months. In case of violation of the rule, the company will be fined 30-50 thousand rubles, and the director - 1-5 thousand rubles. (clause 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). Rostrud also reminded that the salary in the employment contract is indicated only in rubles (Rostrud letters No. 2630-6-1, No. 2631-6-1). The documents came into force on January 1, 2016 (order No. 858n and No. 455).

5. An employee who has suspended work due to a delay in salary is retained his average salary. Amendment to Article 142 of the Labor Code of the Russian Federation valid from January 10 (Federal Law dated December 30, 2015 No. 434-FZ).

6. The court indicated that free meals for employees are subject to insurance contributions. Contributions may not be paid on the cost of milk and equivalent products for workers with harmful conditions labor and the cost of therapeutic and preventive nutrition for workers with particularly hazardous working conditions (decree Arbitration Court Far Eastern District dated December 28, 2015 No. Ф03-2345/2015).

7. Employees will have to be given paid leave for one day to undergo medical examination. The Labor Code of the Russian Federation will be supplemented with a new article.

8. For non-payment of salaries, directors will be fined 10-20 thousand rubles. instead of 1-5 thousand rubles. The amount of interest for failure to pay wages will double - from 1/300 to 1/150 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay.

9. Fines for illegally recruiting foreigners to work on construction sites: up to 40 thousand rubles. for the director and up to 800 thousand rubles. For the company.

10. Store personnel documents should be 50 years, not 75. The amendment applies to securities issued after 2003(Federal Law dated March 2, 2016 No. 43-FZ).

Every year the Government of the Russian Federation makes changes to the current legislative framework, including, new things appear in labor legislation from 2016 to 1918. Already today, some of the changes made have entered into legal force, and some are still draft laws and are waiting in the wings; almost all legal acts are aimed at protecting the rights of workers. Let's take a closer look at the innovations awaiting us.

Current legislation 2018

The first change that worries the entire working population of our country is the rest schedule during holidays. A decree of the Government of the Russian Federation approved a schedule of rest days for citizens working five days a week. This information included in production calendar and is open and accessible to everyone. In 2017 there will be 3 days less weekends than in 2016.

Weekends and holidays 2018:

• New Year holidays will last from January 1 to January 8;
• Rest in connection with Defender of the Fatherland Day is set for February 23-24 (shortened working day on the 22nd);
• The day off will be on International Women's Day on March 8th (shortened working day on the 7th);
• Solidarity Day on May 1 and Victory Day from May 8 to 9;
• We will celebrate Russia Day on June 12;
• Day National Unity November 6.

In 2018, a law banning agency labor was introduced (). Now it will no longer be possible to rent out your employees. The use of agency labor is now limited to private employment agencies. But they must first be accredited by Rostrud.

And the requirements for passing accreditation are quite strict:

• The authorized capital of this agency must be at least 1 million rubles;
• A necessary condition for passing accreditation is that the legal entity has no debts on any fees and payments (tax, social insurance, pension fund, etc.);
• Availability of the head of the company higher education and experience of similar work in the field of employment for at least two years over the last three-year period - required condition successful agency accreditation;
• And another condition for accreditation is that the manager of this enterprise convictions under criminal economic articles and articles against the person.

The relevant department began accepting applications from agencies for accreditation in November 2015. Agencies that have passed accreditation are included in a special register, which will be posted on the Rostrud website.

Since the second half of 2016, a law on mandatory. If before 2016 this measure was recommended, then from July 1, 2016, all employers, when registering labor relations With employee must apply the professional standard appropriate to the position. All professional standards (about 550) are available in a special register posted on the website of the Ministry of Labor of the Russian Federation. The innovation in the 2016 Labor Code of the Russian Federation is aimed at strengthening personnel policy enterprises.

After it was established in 2015 that the use of a seal by legal entities became optional, many questions remained. One of them concerned putting a stamp in the work book. Since there is no clear answer to this question yet, Rostrud provided explanations regarding this situation. In its explanations, Rostrud indicated that it is necessary to certify the information entered in the work book with a seal. But the canceled company seal can be replaced with the seal of the HR department.

New in the Labor Code of the Russian Federation 2018

From the beginning of 2017, the already adopted law on a new document required to get a job will come into force. Now, when registering an employment relationship with an employee, the employer is obliged to require from him, along with the usual package of documents, a certificate of absence of administrative punishment in connection with drug use and psychotropic substances without medical prescription.

But this is only if this position, in accordance with the law, employees with these violations cannot be hired.

As already noted, in addition to the legal acts that have entered into legal force, there are also some bills that were destined to begin their work in 2016.

Current labor legislation 2018:

• One of the bills currently at the stage of public discussion proposes abolition for businesses with a small number of employees. Registration of labor relations is limited to the conclusion of an employment contract.
• The bill adopted in the first reading gives employees the right to suspend their work activities for more than 15 days. IN this document It is proposed to pay for the time when work is stopped at an average rate.
• According to the bill considered by the Council of the State Duma of the Federal Assembly of the Russian Federation, indexation is carried out every year wages employees must be no lower than the regional salary indexation rate.
• One of the bills, also considered by the Council of the State Duma of the Federal Assembly of the Russian Federation, proposes an increase from 1.5 to 3 years. And the determination of the amount of benefit: for caring for one child - the accepted subsistence minimum, for caring for the second, third and subsequent children - two accepted subsistence minimums.
• It is planned to make changes to the payment of sick leave. Thus, 100% payment for the period of disability will be made only to those employees whose work experience is 15 years or more. For those who have worked from 8 to 15 years, sick leave will be paid in the amount of 80% of average earnings. All other employees (with less than 8 years of experience) will receive monetary compensation in the amount of 60% of average earnings. It will be unprofitable to be sick;
• An initiative has been put forward to replace the long New Year holidays with an additional paid leave of 10 days, at any convenient time.

This will reduce downtime of enterprises and will have a positive impact on the country’s economy as a whole. Analyzing the innovations in labor legislation since 2016, which are still in effect now, we see that the Government’s policy Russian Federation

in the field of labor relations is aimed at improving the working conditions of citizens and stabilizing the economic situation of the country.

Changes appearing in labor legislation since 2016 will affect several articles of the Labor Code of the Russian Federation. Any HR professional should be aware of the regulations that are coming into effect, and this article will provide a brief overview of them.

What provisions have already been included in the Labor Code of the Russian Federation? Changes made to labor Code

in 2016, relate to the use of professional standards and the regulation of agency work. Federal Law No. 122-FZ, which was signed by the President of the Russian Federation on May 2 of this year, changed the procedure for using professional standards, which was previously advisory. From July 1, 2016, the established paragraphs come into force. 2 and 3 tbsp. 195 of the Labor Code of the Russian Federation provisions on the mandatory use of professional standards by all categories of employers, provided that such requirements for the employee’s qualification level are provided for by the Labor Code or other federal laws

and regulatory legal acts.

Agency labor is prohibited in most cases From January 1 of next year, a legislative ban will be introduced on agency work, with two exceptions. Although in Clause 1 of Article 56 of the Labor Code of the Russian Federation prohibits this type of activity; in Clause 1 of Art. 53, prescribed in the bill, establishes the conditions for the temporary provision of personnel. This service will be provided only by accredited labor exchanges or organizations that send employees to work for a company that is part of a shareholder agreement with it or is otherwise affiliated with the labor provider.

What does the coming year have in store for HR specialists?

The Ministry of Labor and Social Protection of the Russian Federation has developed several bills that are planned to be submitted to the State Duma at the end of this year or in the coming year. Provisions planned for inclusion in labor legislation relate to changes in the minimum wage, quotas for foreign workers, sanctions for minor violations of the Labor Code of the Russian Federation, record keeping in micro-enterprises, suspension of activities by an employee due to incapacity or in case of delayed wages, the hiring process, as well as the maximum the size of the base for calculating insurance premiums.

The minimum wage will be adjusted

The Russian government has developed two projects related to raising the minimum amount that can be paid for work. The first of them contains a provision on a gradual increase in the federal minimum wage from the current 5965 rubles. (60% of the subsistence level (LS) in the country as a whole (RUB 10,017)) up to RUB 6,675. in 2016, up to 7142 rubles. in 2017 and up to 7606 rubles. in 2018. The second bill talks about linking the amount of the minimum wage to the monthly minimum wage established by each region. The size of the minimum wage in relation to the subsistence minimum values ​​determined by the subjects of the federation will be:

• 65% for the first quarter of 2016 – from 01/01/2017;
• 75% for the same time in 2017 – from 01/01/2018;
• 85% for the same time in 2018 – from 01/01/2019;
• 100% for the same time in 2019 and subsequent years - from 01/01/2020 onwards.

Quotas for foreign workers have been established

The Ministry of Labor's bill, developed in cooperation with several departments and expected to come into force in December 2015, plans to limit the number of foreign workers employed in various areas of the Russian economy (excluding migrants who entered the country illegally). Prohibition on the use of migrant labor according to the classification of products by type economic activity established in the field of trade in medicinal products in pharmacies (code 47.73), as well as in retail trade in non-stationary structures and markets (code 47.8) and outside shops, tents and markets (code 47.99). The following quotas are introduced for other sectors of the economy:

• In enterprises engaged in retail trade alcohol and tobacco products - no more than 15% (according to the quota of the Ministry of Industry and Trade);
• In sports organizations - no more than 25% (according to the Ministry of Sports quota);
• In the field of land cargo and passenger transportation - no more than 35% (according to the Ministry of Transport quota);
• In agricultural enterprises engaged in the production of vegetables - no more than half (with the exception of the Astrakhan, Volgograd, Voronezh, Lipetsk, Moscow, Rostov and Saratov regions, the republics of Kabardino-Balkaria and Crimea, Krasnodar and Stavropol territories in connection with seasonal work- according to the quota of the Ministry of Agriculture);
• In construction - no more than 65% (according to the quota of the Ministry of Construction and Housing and Communal Services).

These quotas do not apply to citizens of countries that are members of the EAEU: Armenia, Belarus, Kazakhstan and Kyrgyzstan.

The State Labor Inspectorate will fine violators less frequently

The Ministry of Labor proposes to cancel the fine imposed for a minor violation of the norms of the Labor Code of the Russian Federation, committed for the first time, replacing it with a warning. In addition, the department has developed a list of types of violations, the commission of which will necessarily entail the issuance of a warning by the GIT inspector.

Personnel records for micro-enterprises will be significantly simplified

The Ministry of Labor proposes to simplify the paperwork process for micro-enterprises. These include organizations (including individual entrepreneurs) whose staff consists of no more than fifteen employees and whose annual income does not exceed one hundred and twenty million rubles excluding VAT. The draft law of the Ministry of Labor establishes the following relaxations of their activities:

• Cancellation of the obligation to make entries in work books employees at the time of hiring;
• Exemption from the need to adopt local regulations, including pay slip forms and vacation schedules.

Employers will have to pay employees while they are suspended from work

Amendments proposed by the Ministry of Labor for inclusion in Art. 142 of the Labor Code of the Russian Federation and passed the first reading in the Duma, imply the preservation average salary employee during his suspension labor activity due to the employer delaying payment for more than fifteen days. The current norm of labor legislation, established by Article 142, does not have practical application due to the absence of the employer’s obligation to pay wages specified in the document in this case.

The employee will need to be informed more

Another document submitted to the State Duma amends Art. 68 of the Labor Code of the Russian Federation on registration of employment. Now the hired employee will need to be notified of the available options for forming his pension.

It will become unprofitable to get sick

Probably, from the first of January of the coming year the calculation formula will change sick leave– not in favor of workers with little experience. The length of service required to pay benefits for temporary absence from work in the amount of the employee’s average salary will be increased from eight to fifteen years, in the amount of 80% - from five to eight years. An employee with less than eight years of insurance coverage will receive benefits equal to 60% of his average salary. The Ministry of Labor’s plan, however, does not provide for a sharp increase in the required insurance period: Limits will increase to the proposed values ​​for six months each year, and in order to receive disability benefits equal to the average salary in 2016, you will need to have eight and a half years of service.

This bill has not yet been submitted to the State Duma, but its public discussion has already been completed.

The tax burden on enterprises will increase

From 01/01/2016, the maximum values ​​of the bases for calculating insurance premiums will increase. A draft government resolution has already been prepared by the Ministry of Labor and Social Protection. It involves increasing the base for calculating contributions to the Pension Fund from 711 to 800 thousand rubles, to the Social Insurance Fund from 670 to 723 thousand rubles.

In addition, from the same date, according to the order of the Ministry of Finance, the budget classification codes for payment of insurance contributions to the Pension Fund, Compulsory Medical Insurance Fund and Social Insurance Fund will change.

What else does a personnel officer need to wait for?

By Resolution No. 1017 dated September 24, 2015, the Government of the Russian Federation established the procedure for postponing the following weekends to next year:

• From 02.01 (Saturday) to 03.05 (Tuesday);
• From 03.01 (Sunday) to 07.03 (Monday);
• From 20.02 (Saturday) to 22.02 (Monday).

Taking into account the provisions of this document, the total duration of the January holidays will be 10 days (from 01.01 to 10.01), February – 3 (from 21.02 to 23.02), March – 4 (from 05.03 to 08.03), April and May – 7 (from 30.04 to 03.05 and from 07.05 to 09.05), June - 3 (from 11.06 to 13.06), November - 3 (from 04.11 to 06.11).

This article will help HR specialists understand the new things that have appeared in labor legislation since 2016.

The New Year 2016 “brings” several significant changes to labor legislation.
The changes will affect Turkish citizens working in our country, as well as those employers who use labor “on loans”.

New chapter in the Labor Code of the Russian Federation

From January 1, 2016, Art. 56.1 of the Labor Code of the Russian Federation, which will give a clear definition of agency work - work that is carried out by a citizen at the order of his direct employer in the interests of another employer. According to experts, such labor is called nothing less than “slavery.”

An individual or legal entity will be able to “rent” specialists from another employer, but on a legal basis. To do this, two prerequisites must be met:

• Concluding an agreement on the provision of labor for employees;
• The work is temporary.

The work of such workers will be regulated by Chapter 53.1 of the Labor Code of the Russian Federation, which also comes into force in January 2016. The articles in this chapter will discuss the fact that only accredited private employment agencies can provide workers under such contracts.

The working conditions of such employees should not be worse than at their main place of work. If an employee is sent to work with harmful and dangerous conditions labor, then he receives compensation in accordance with the Labor Code of the Russian Federation.

About professional standards

From July 1, 2016, the Labor Code of the Russian Federation puts into effect 2 new articles - 195.2 and 195.3. They were introduced to regulate the procedure for employers to apply new professional standards.

Definition professional standard is given in Art. 195.1 Labor Code of the Russian Federation. No innovations are expected here. In Art. 195.2 of the Labor Code of the Russian Federation will talk about how certain standards are developed. A Art. 195.3 of the Labor Code of the Russian Federation will oblige the employer to apply these same standards to assess the qualifications of employees in identical positions.

By the new year, the Ministry of Labor of the Russian Federation plans to approve more than 1,000 standards that employers will be required to use, guided by the new provisions of the Labor Code of the Russian Federation.

New minimum wage

From January 1, 2016, the minimum wage will also increase. The growth dynamics of this value will be only 4% versus 12% inflation.
Previously it was planned that by 2016 the minimum wage would increase by 20.7% against 8% inflation. The Ministry of Labor has developed a bill according to which, by 2020, the minimum wage and the cost of living should be equal.

But, due to economic sanctions and the difficult situation in the country, the minimum wage increased to only 6,204 rubles, against 7,189 rubles planned by the Ministry of Labor for 2016.

"Labor" sanctions against Turkish citizens

Since 2016, employers, both physical and legal entities, it will be prohibited to employ Turkish citizens. This prohibition applies not only to imprisonment employment contracts, but also civil law.

But this ban does not apply to all employers. The full list of employers who will be able to hire Turkish citizens is not yet finalized. It will be approved by the Russian Government.
Presumably, this list will include 53 presenters Russian companies who work in construction, automotive and other important government sectors. In addition, Turkish citizens will be able to work in Bashkortostan and Tatarstan, Crimea and Krasnodar region, in such large cities as Moscow and St. Petersburg, as well as in other areas.