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recruiting company Antal Russia has prepared an overview of the main changes in labor legislation that came into force in late 2016/early 2017.

The minimum wage will be increased to 7800 rubles

In 2017, the minimum wage will be increased by 4% from July 1 and will amount to 7,800 rubles.

Simplified personnel records for micro-enterprises

From 01.01.17, microenterprises have the right not to adopt, in whole or in part, local regulations containing the following rules:

• internal rules work schedule;
• position on wages;
• bonus provision;
• shift schedule;
• other personnel local regulations.

But in this case, the employer must include these conditions in a standard employment contract approved by the Government of the Russian Federation.

Microenterprises are legal entities or individual entrepreneurs that meet the following criteria: the annual turnover does not exceed 120 million rubles, the company employs no more than 15 people, including the director or owner of the business, the share of other private, state or municipal companies is no more than 20% of authorized capital. If the company ceases to correspond to the status of a micro-enterprise, then within four months it will need to draw up personnel documents

The procedure for conducting independent evaluation qualifications of workers

Effective January 1, 2017 the federal law dated 03.07.2016 No. 238-FZ "On the independent assessment of qualifications", which regulates the relations arising from the independent assessment of the qualifications of employees or persons applying for a certain kind labor activity.

An independent assessment of qualifications is carried out in the form of a professional examination, which is conducted at the initiative of the applicant, other individuals and (or) legal entities or directed by the employer. Based on the results of passing the exam, the applicant is issued a certificate of qualification or, in case of receiving an unsatisfactory grade during the exam, a conclusion on passing it with recommendations for the applicant.

The employer sends the employee to undergo an independent qualification assessment with the written consent of the employee and at the expense of the employer. At the same time, for the period the employee undergoes an independent assessment of qualifications, it is envisaged that he will retain his place of work and average wages, as well as payment of travel expenses in connection with its passage.

The salary of chief accountants and managers was tied to the salaries of ordinary employees

The salary of the management staff of state and municipal organizations (directors, chief accountants) will depend on the salary of ordinary employees. The maximum level of such a ratio of wages will be set by federal government, regional and municipal authorities.

We also draw your attention to the changes in labor legislation that came into force on October 3, 2016:

Changed payroll dates

Amendments to Art. 136 of the Labor Code of the Russian Federation, introduced by the Federal Law of July 3, 2016 No. 272-FZ, according to which the deadlines for the payment of salaries are set no later than the 15th day of the next month.

The amount of compensation for the delay in the payment of wages, vacation and other labor payments has been increased

Federal Law No. 272-FZ of July 3, 2016, which entered into force on October 3, 2016, toughened the liability for delayed wages. Now, for the late payment of wages and other payments due to the employee, the employer will be obliged to pay compensation to the employee in the amount of at least 1/150 of the current key rate of the Central Bank of the Russian Federation of the amounts not paid on time for each day of delay, starting from the next day after the established payment date up to and including the day of actual settlement.

The list of grounds for conducting an unscheduled inspection by the labor inspectorate has been expanded

According to the additions made to par. 4 hours 7 art. 360 of the Labor Code of the Russian Federation, receipt by the federal labor inspectorate of information about the facts of violation by employers of the requirements of labor legislation and other regulatory legal acts containing labor law norms, including those that led to non-payment or incomplete payment of set time wages, other payments due to employees, or the establishment of wages in an amount less than the amount provided for by labor legislation, is the basis for an unscheduled inspection by the labor inspectorate.

It is allowed not to certify with a round seal entries in work books

Order of the Ministry of Labor dated October 31, 2016 No. 588n amended the Instructions for filling out work books, approved by the decree of the Ministry of Labor and social development RF dated October 10, 2003, No. 69. Now employers have received official permission not to certify entries in the work books of employees with a round seal.

Planned legislative initiatives:

Possible change in the procedure for paying sick leave

It is proposed to pay sick leave in the amount of 100% of average earnings only to employees with work experience of 15 years or more. With an experience of 8 to 15 years, sickness benefit will be paid in the amount of 80% of average earnings, with an experience of up to 8 years - 60%. At the same time, the Ministry of Labor proposes to increase the length of service gradually - from 2017 to 2028. According to the new rules, 9 years of experience will be required to receive a full sick leave next year.

New edition Art. 122 of the Labor Code of the Russian Federation

Paid leave must be granted to the employee annually.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.

Commentary on Article 122 of the Labor Code of the Russian Federation

The right to use leave for the first year of work arises for the employee after 6 months of his continuous work in this organization. By agreement of the parties, an employee may be granted paid leave before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation).

Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be granted (Article 122 of the Labor Code of the Russian Federation):

1) for women - before maternity leave or immediately after it;

2) employees under the age of 18;

3) employees who have adopted a child under the age of three months;

4) in other cases provided for by federal laws.

Leave for employees is granted for a duration of 28 calendar days. The vacation period does not include public holidays.

When determining the duration of the vacation, the working time regime of the organization (6-day or 5-day work week) is irrelevant.

This is the minimum duration guaranteed by federal law. Therefore, the annual basic leave cannot be less than 28 calendar days. However, it may exceed the specified number of days. This is done in two ways: by regulation and by contract. It's about on extended basic leave granted to certain categories of employees in accordance with other federal laws.

1) employees under 18 years of age (minimum vacation duration - 31 calendar days);

2) disabled persons (minimum duration of leave - 30 calendar days);

3) employees of children's institutions (the minimum duration of vacation is 42 calendar days);

4) workers educational institutions and teachers (the minimum duration of vacation is from 42 to 56 calendar days);

5) prosecutors and investigators of the prosecutor's office (the minimum duration of vacation is 30 calendar days), etc.

For people who work part-time, annual paid holidays are provided simultaneously with leave for their main job (). If the employee has not worked at a part-time job for 6 months, the leave is granted in advance.

As mentioned above, leave can be granted even before the entitlement to it, i.e. in advance. In this case, the vacation must be complete, i.e. the duration established by law, and also paid in full. The issue of the possibility of granting leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.

Leave for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule.

The vacation schedule is drawn up no later than two weeks before the start of the calendar year. The schedule indicates the names of employees entitled to leave, their positions, structural subdivision in which they work, the number of days and the planned vacation period.

It is prohibited not to grant leave to an employee for two consecutive years.

Another annual vacation must be submitted before the end of the current business year.

If the reasons preventing the employee from going on vacation occurred before it began, then new term determined by agreement with the employee.

Employees who have concluded an employment contract for a period of up to 2 months are provided with paid vacations or are paid compensation upon dismissal at the rate of two working days per month of work.

By agreement between the employee and the employer, annual paid leave may be divided into parts. Moreover, at least one of the parts of this vacation must be at least 14 calendar days ().

The annual paid leave, by agreement between the employee and the employer, is postponed to another period if the employee was not paid on time during this vacation or the employee was warned about the start time of the vacation less than two weeks before it began.

An employee who goes on vacation is paid average earnings (holiday pay).

Holidays are paid no later than three days before the start of the holiday.

Vacation pay is subject to income tax. individuals, a single social tax, contributions to compulsory pension insurance and insurance against accidents at work and occupational diseases in the usual manner.

The amount of vacation pay is calculated based on the average daily earnings of the employee. The general procedure for calculating average earnings when paying for vacation is established in.

Another commentary on Art. 122 of the Labor Code of the Russian Federation

1. Paid leave must be provided to the employee annually, i.e. for each working year. For the concept of a working year, see.

2. Establishing that the right to leave for the first year of work arises for the employee after six months of his continuous work with this employer, Art. 122 of the Labor Code of the Russian Federation simultaneously contains a list of cases when another vacation at the request of the employee must be provided before the expiration of this period.

Other cases provided for by federal laws when an employer is obliged to provide leave before the expiration of a six-month period of continuous work include: granting a husband, at his request, annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer (see .); providing a person working part-time with paid leave simultaneously with leave from the main job in the event that the employee has not worked at part-time work for six months (see to it).

Prior to the expiration of the six-month period, leave may be granted to the employee even in the absence of these grounds, if an agreement is reached between the parties. employment contract.

3. The duration of leave granted before the end of the working year must be equal to the full duration of the annual leave. Accordingly, the average earnings are paid for the entire period of leave granted to the employee.

In case of dismissal of an employee before the end of the working year in which he received annual paid leave, a deduction is made from the employee’s salary to pay off his debt for unworked days holidays. Deductions for these days are not made if the employee leaves for the following reasons:

in connection with the refusal of the employee to transfer to another job, necessary for him in accordance with the medical report, or the lack of an appropriate job for the employer;

in connection with the liquidation of the organization or the termination of activity by an individual entrepreneur;

in connection with a reduction in the number or staff of employees of an organization, an individual entrepreneur;

if the head of the organization, his deputy or Chief Accountant are dismissed in connection with the change of the owner of the property of the organization;

when an employee is called up for military service or sent to an alternative civilian service that replaces it;

upon reinstatement of an employee who previously performed this work, by decision state inspection labor or court;

when an employee is recognized as completely incapable of work in accordance with a medical report;

In connection with the emergence of new regulatory legal acts in the Russian Federation, it has undergone changes.

Changes in the Labor Code from 01.01.2017

About independent assessment of qualifications

From 01.01.2017, a completely new Federal Law No. 238-FZ dated July 3, 2016 " » . Simultaneously with this fact, the Labor Code of the Russian Federation establishes guarantees and compensations for employees sent by the employer to undergo an independent qualification assessment (). If a person is sent to the specified assessment with a break from work, the place of work, position, as well as the average salary will be retained for him. If an employee leaves for another area, then he will be paid travel expenses (in the same way as in the case of sending a person on a business trip).

The Labor Code of the Russian Federation notes that payment for an independent assessment is carried out at the expense of the employer (if he sends it).

In addition to the guarantees established by labor legislation, the employer must provide the employee with guarantees established by other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract ().

Reflects the rights and obligations of the employer in the direction of persons for the passage specified assessment qualifications(). In particular, the need for referral is determined by the employer, and it is he who determines the list necessary professions and specialties for sending an employee to undergo an assessment, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations. The procedure and conditions for referral for assessment are determined by the collective agreement, agreements, labor contract, but at the same time, it must be requested written agreement worker.

An agreement is concluded between the employee and the employer for an independent qualification assessment.

The list of documents presented at the conclusion of an employment contract () will be supplemented with a certificate on whether or not a person is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances. Such a certificate is issued in the manner and in the form established by the Ministry of Internal Affairs of the Russian Federation. This certificate must be provided only when applying for a job related to activities to which persons subjected to administrative punishment are not allowed (until the expiration of the period during which they are considered subjected to such punishment):

• for drug use;
• for the consumption of psychotropic substances without a doctor's prescription;
• for the consumption of new potentially dangerous psychoactive substances.

The types of this activity are determined by federal laws. For example, such persons are not allowed to work on a ship in accordance with (), as well as ().

Chapter 48.1 of the Labor Code of the Russian Federation

From 01/01/17 a new chapter is introduced in the Labor Code of the Russian Federation -. It reflects the features of labor regulation of persons working for employers - small businesses, which are classified as micro-enterprises. Which organizations belong to micro-enterprises is indicated in Part 3 Art. 4 of the Federal Law No. 209-FZ of 24.07.2007 "On the development of small and medium-sized businesses in the Russian Federation".

Such an employer has the right not to accept, in whole or in part, local regulations containing the following rules:

• internal labor regulations;
• position on wages;
• bonus provision;
• shift schedule;
• other.

But in this case, the employer must include these conditions in employment contracts with employees (). These contracts are concluded standard form approved Decree of the Government of the Russian Federation of August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises”.

Because some change legal acts concerning issues of military service in the bodies of the military prosecutor's office and military investigative bodies of the Investigative Committee of the Russian Federation, then minor changes were made to.

Labor law helps to resolve issues that arise between the employee and the employer regarding the labor relations that exist between them. There are several important laws and regulations that you cannot do without in your work activity.

main document for labor law is an Labor Code. It regulates the general foundations of labor relations, without specifics and specifics. For example, one of its articles says that the employer is obliged to pay his employee annual leave, and the amount and procedure for payment is regulated by another law.
This law consists of 424 articles, which are combined into 62 chapters. Each chapter of the code is important in solving labor issues.
The Labor Code is important for both the employee and the employer.

Civil Code

If it's about civil law relations, then the norms of the Labor Code of the Russian Federation cannot be applied. To regulate such relations, it is necessary to focus on the provisions Civil Code, and in particular:

• On chapter 37 "In a row";
• To chapter 38 "Performance of research, development and technological work";
• To chapter 39 "Provision of services for a fee"

Constitution of the Russian Federation

The Constitution of our country is directly related to labor activity. In paragraph 2 of Art. 7 says that "labor is protected by the state", through the establishment of a minimum wage.
Also in Art. 37 says that every citizen of our country has the right to choose his profession and labor activity at your discretion.
The Constitution speaks of the criminality of labor discrimination on any grounds.

Administrative Code

In Art. 37 of the Constitution states that every citizen has the right to receive remuneration for his work. If the employer, who must pay remuneration (that is, wages and other payments) does not comply with his obligations, then he is subject to administrative liability under Art. 5. 27 and 5. 31 of the Code of Administrative Offenses of the Russian Federation for an administrative offense.

Criminal Code

In cases of regular violation of labor legislation by the employer, the employer may also be subjected to criminal penalties in accordance with Art. 145.1 of the Criminal Code of the Russian Federation.

tax code

This federal law is related to the labor law chapter 23, regarding the calculation and payment of income tax from each employee who works under an employment contract.
The provisions of this chapter are more often used by accountants than employees. However, the latter need to know the provisions of Art. 218 of the Tax Code of the Russian Federation on the provision of standard tax deductions to persons with children.

The Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment in the Russian Federation" defines an employed and unemployed citizen, suitable and unsuitable work.
This law regulates the provision of guarantees by the state to employed and unemployed citizens of our country.

Labor protection law

Federal Law No. 181-FZ of July 17, 1999 "On the Basics of Labor Protection in the Russian Federation" states that every employee has the right to work in acceptable and safe conditions.
If one of the parties to labor relations violates the conditions for labor protection, then it is subject to civil liability in accordance with the provisions of Chapter 59 of the Civil Code of the Russian Federation.

Trade Union Law

Trade unions and similar organizations began to revive in enterprises after 2008. But they still must be guided in their activities by Federal Law No. 10-FZ of January 12, 1996 "On trade unions, their rights and guarantees of activity."
This law tells about the rights of trade union organizations, the guarantees they provide to workers, about the protection of their rights and responsibilities.

There is such a Federal Law of March 7, 2018 “On Personal Data”. In total, this law has 25 articles, and they are combined into 6 chapters.
Each employer, hiring an employee, gets access to his personal data - full name, passport data, numbers and series of diplomas and other information. The employer has no right to disclose this information. Both sides of the employment relationship should be aware of this.

Trade Secret Law

The employer has the right to attribute some information relating to the activities of his enterprise to a trade secret. This must be done in accordance with the Federal Law of July 24, 2004 No. 98-FZ “On Trade Secrets”.
The employee, in turn, does not have the right to disclose information that constitutes trade secret from the employer, if he has access to it, by virtue of the performance of his labor duties.
Such an employee may be subject to disciplinary liability by the employer. However, the employer must familiarize each employee with the provision on such a secret.

About postponing holidays

Every year, the Government of our country develops a new Decree on the postponement of days off. In 2015, the Decree of the Government of the Russian Federation dated August 27, 2014 No. 860 “On the postponement of days off” is in force.
Both employees and the employer must familiarize themselves with this Resolution in order to effectively use the available working time.

About the average salary

Every employee should be aware that payments for sick leave, for vacation and other payments, are calculated based on the average salary of this employee.
But not everyone knows how this average value calculated. For this, there is a Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 "On the features of the procedure for calculating the average wage."
Accountants are guided by this Decree, but the employee also needs to familiarize himself with it.

About benefits for pregnancy and childbirth, as well as for child care

There are no organizations where women do not work. To calculate the average earnings for the payment of benefits to women leaving for maternity leave or already having children under the age of 1.5 years, there is a Regulation on the calculation of average earnings (income, monetary allowance) when assigning a pregnancy and childbirth allowance and a monthly childcare allowance to certain categories of citizens, approved. Decree of the Government of the Russian Federation of December 29, 2009 N 1100.
This Regulation plays an important role both for the female employee and for the employer.

Laws governing relations with certain categories of workers

In addition to the above regulations and laws, there are many more that regulate specific labor Relations. For example, Federal Law No. 125-FZ dated October 22, 2004 “On Archiving in the Russian Federation” or the Regulation “On the Peculiarities of Sending Employees to business trips", approved by the Decree of the Government of the Russian Federation of 13. 10. 2008 No. 749.

About working conditions

The laws that regulate specific working conditions include the Law of the Russian Federation of February 19, 1993 No. 4520 - I "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Localities." This law refers to the specification of payroll for those persons who work in difficult climatic conditions, taking into account district coefficients and northern allowances.

About the work functions performed

To the laws that govern the execution of individual labor functions can be attributed to the Law of the Russian Federation of 11. 03. 1992 No. 2487 - I "On private detective and security activities in the Russian Federation" and the Law of the Russian Federation of 26. 06. 1992 No. 3131-I "On the status of judges in the Russian Federation".

Regional legislation

The authorities of the regions have the right to issue their own regulations, which cannot contradict federal legislation. For example, the Law of the City of Moscow dated October 22, 1997 No. 41 "On liability for violation of the procedure for attracting and using foreign work force" from latest changes and additions.