как оформить табель учета рабочего времени
Телефон
Saint-Petersburg

Legislative news

Legislative news

LEGAL DIGEST, NEWS \ 10.04.2020

We would like to bring to your attention a review of the latest legislative news associated with measures of state support for business in connection with the coronavirus pandemic, as well as recommendations for the issuing of human resources documents in April.

A moratorium on the bankruptcy

The Federal Tax Service (FTS) of Russia has published a list of companies that are subject to a six-month moratorium on commencement of bankruptcy cases. The list includes systemic organizations and strategic enterprises, as well as individual entrepreneurs and companies from the industries most affected by the introduction of restrictive measures owing to the coronavirus pandemic. The list includes air- and auto transportation, sports and sanatorium-resort organizations, travel agencies, food services, hotel business, exhibition contractors, etc. This type of activity should be specified as the primary in the information contained in the Unified State Register of Legal Entities or in the Unified State Register of Individual Entrepreneurs as of March 1, 2020. To find out whether your company belongs to this list, you can use the service on the FTS portal.

Prolongation of a term of license

The Government of the Russian Federation has extended the validity of fixed-term licenses and other permits that expire between March 15 and December 31, 2020. These measures entered into force starting from April 6.

Automatic license renewal is free of charge and applies to the following spheres of activity:

  • manufacture and distribution, including retail sale of alcoholic (alcohol-containing) products
  • subsoil use
  • provision of communications services, TV and radio broadcasting
  • security commercial sector
  • state registration of medicinal products for medical and veterinary use
  • permits for ship radio stations used on marine vessels, inland and mixed navigation vessels

The term within which federal executive authorities should enter data on the prolongation of the company’s licensed activities in the relevant registers should not exceed 3 business days from the date of entry into force of these amendments.

For those types of activities in which the conduction of on-site inspections is required for license renewal, the remote principle of control activity will be established by means of photo-, audio- and video recording, and videoconferencing. However, licenses and permits are not subject to renewal if the companies:

  • changed the location
  • changed the location of the execution of licensed activity
  • changed the geographical location
  • are at the stage of reorganization in the form of transformation, merger, accession

Federal executive authorities are able to make their own decisions regarding certain categories of licenses:

  • about postponing the procedures for confirming the company or individual entrepreneur to the license requirements for up to one year
  • about submitting and accepting applications for registration, reissuance and renewal of permits

In addition, the Government of the Russian Federation in its Resolution No.440 dated April 3, 2020 defined the list of forms of permitting activities and the specifics of applying licensing regimes with respect to conducting a certain type of activities. For more information about each list, see the text of the document on the official website of the Government of the Russian Federation.

It should be noted that if the extension term of permits has become due, the term of passing the inspection is postponed for up to 12 months, or the inspection is considered completed.

Document: Federal Law No. 98-FZ dated April 1, 2020, Government’s Decree No. 440 dated April 3, 2020,

Time recording sheet: recommendations for documenting

Given that a non-working period was established in Russia from April 4 to April 30, 2020 (Decree of the President of the Russian Federation No. 239 dated April 2, 2020), the Ministry of Labour of the Russian Federation and the State Labour Inspectorate (SLI) in their explanations defined the procedure for issuing time recording sheets for employees during this period.

Organizations that do not operate during non-working period

For such organizations, the presence of non-working days is not a reason for reducing salary. This means that employees who have a salary fixed should receive their full salary. Employees, whose work is paid by the job, the remuneration is paid for non-working days, the amount of which is defined by the internal regulatory document of the employer.

According to the viewpoint of the SLI, the time recording sheet does not provide for a special designation for non-working days established by the Decree of the President of the Russian Federation. Therefore, the employer may develop and approve their own designations for this case.

Organizations that are obliged to work

For those organizations that are not covered by the provisions of this Decree, the salary of employees will be paid as normal. This also applies to organizations that have switched their employees to remote working mode. In this case, the working process should be marked in the time sheet under the normal procedure – using the code “Я” or the digital symbol “01”.

Issuance of a time sheet in the presence of HR events

When an employee is on leave, non-working days during the period of April 4 to April 30 are included in the number of days of leave, and the leave for these days is not extended. Given that the standard working time for March and April does not change, there is no need to recalculate previously paid leave allowance. In the time sheet, the provision of annual paid leave is marked with the code “OT” or “09”.

When an employee is on medical leave, the reflection in the report card will be the same – “Б” or “19”.

Please be reminded that the requirements of this Decree do not apply to the following companies:

  • continuously operating (for more detailed information about such companies, see the Letter of the Ministry of Labour No. 14-4/10/P-2696 dated 26/3/2020)
  • pharmacy and medical
  • providing the population with food stuff and goods of prime necessity
  • performing urgent works in the conditions of an emergency situation
  • performing urgent repair and loading and unloading operations

If the organization is not included in this list, then for non-compliance with the requirements to suspend work for a period of non-working days, it faces imposition of administrative liability under article 5.27 of the Administrative Code of the Russian Federation:

  • for officers – a fine of 1,000 – 5,000 rubles
  • for legal entities – a fine of 30,000 – 50,000 rubles

If the violation is repeated, the penalties are increased:

  • for officers – a fine of 10,000 – 20,000 rubles or disqualification for between 1 and 3 years
  • for legal entities – a fine of 50,000 – 70,000 rubles

Also, the enforcement of an employee of the organization, that does not fall into the category, that have to work, to perform work duties during the non-working period under threat of salary reduction or dismissal may be the cause of his or her appeal to the labour inspectorate, which would entail unscheduled audits and imposition of fines.

If the organization does not belong to the list of companies that the provisions of the Decree of the President of the Russian Federation do not apply to, it is recommended to transfer employees to remote working mode. This working process will not entail a violation of employment legislation requirements. At the same time, if the company is not able to stop operating for valid reasons, the management defines a list of employees who should come to the territory of the organization on non-working days in April.

Document:Decree of the President of the Russian Federation No. 239 dated April 2, 2020, Letter of the Ministry of Labour No. 14-4 /10/P-2696 dated 26/3/2020, Supplements to the Letter of the Ministry of Labour.

Acsour