Federal Law No. 219-FZ dated June 28, 2021 obliged employers to post vacancies on the “Employment in Russia” website. The requirement will be in effect starting from 2022. Anna Astafieva, Acsour’s Senior Accountant, spoke to “Racshet” magazine about who is subject to the statutory requirement.
The state services sector is increasingly adapting to the digital world. Thus, starting from July 1, 2021, the All-Russian “Employment in Russia” database of vacancies at trudvsem.ru has been upgraded into the “Employment in Russia” Unified digital platform in the field of employment and labour relationships at redesign.trudvsem.ru The portal helps Russians to find jobs, and helps companies to find employees.
The changes in the operation of the portal are established by Federal Law No. 219-FZ dated June 28, 2021 “On amendments to Law No. 1032-1 of the Russian Federation “On the Employment of the Population in the Russian Federation” dated April 19, 1991″, and specifically, it has been supplemented by article 16.2 and clause 3.2 of article 25.
Starting from July 1, 2021, article 16.2 of the Law has entered into force, in which the following tasks are assigned to the Unified digital platform: to promote the employment of the population, including by placing information about employment opportunities, employers who need employees, the availability of job vacancies and vacant positions, and citizens looking for a job; as well as to ensure the process itself in the field of the promotion of the employment of the population.
A new clause 3.2 of article 25 will enter into force starting from January 1, 2022. The supplement of the law will be especially interesting to almost all employers, including: state authorities, among them those of territorial entities of the Russian Federation and of local government, national and municipal institutions and unitary enterprises, legal entities in whose issued capital the state, a territorial entity of the Russian Federation or a municipal entity has a participation share. This will also be especially interesting to all other employers whose average number of employees for the previous calendar year exceeds 25 people, and newly created or reorganized companies with such a number.
Now these employers are required to post information on the platform about their need for employees, about the conditions on which employees are to be recruited, and the opening of vacant positions, as well as about the availability of special workplaces for disabled people.
Importantly, this information is allowed to be published on other information resources, the requirements for which will be established by a statutory instrument of the government. It turns out that most companies will be required to register and place vacancies on the “Employment in Russia” website; an exception, as we can see, has been made only for small companies.
Now let us move on to sanctions. The Law on the Employment of the Population has been supplemented with a new chapter VIII, in which clause 1 of article 40 states that a violation of the requirements of the Law entails liability. It is worth noting that, today, the Administrative Code of the Russian Federation does not contain an express indication of liability for violating clause 3.2 of Article 25 of the Law on the Employment of the Population, but this does not prevent the authorities from introducing such liability in the future. Currently, the sanctions for businesses for a failure to submit or for the late submission of, as well as for the incomplete or distorted submission of, mandatory information are provided for in article 19.7 of the Administrative Code of the Russian Federation. These sanctions take the form of a warning or the imposition of an administrative fine on individuals of 100 – 300 rubles, on a company’s officers of 300 – 500 rubles, and on companies themselves of 3000 – 5000 rubles.