Using the results of a special evaluation study of labour conditions according to the new rules

LEGAL DIGEST \ 18.02.2020

The President of the Russian Federation has signed a Law according to which the results of a special evaluation study of labour conditions (referred to below as a SESLC) are invalid without information about this in the Federal Information System of accounting. This new development is valid starting from 2020.

Organizations that provide services involving a SESLC must enter the following data in the Federal Information System of SESLC:

• the full name, taxpayer ID number (Russian acronym – INN) and principal state registration number (Russian acronym – OGRN) of the employer;
• unique numbers of the workplaces, personal insurance policy numbers (Russian acronym -SNILS) and the number of persons employed.

This must be done before the start of the special evaluation study, but not later than 5 working days from the date when the contract is concluded between the service provider organization and the employer. The employer must be notified of the entry of information into the system within three working days. The notification may be prepared both in paper form and in the form of an electronic document.

For each special evaluation study, the Federal Information System automatically assigns an identifying number, of which the valuer company must inform the employer before providing services. Later, this number must be entered in the special evaluation study report, which is valid from the moment when the data was entered into the system. Please note that if there is no information about the employer in the system, the special evaluation study report is invalid.

In accordance with the provisions of employment legislation, it is the responsibility of each employer to conduct a special evaluation study of labour conditions. After all, this is aimed at ensuring the security and comfort of personnel in workplaces, the correct assignment of guarantees and compensation to the employee for unsafe or unhealthy labour conditions.

In the case of a violation of the terms and procedure for conducting a special evaluation study at workplaces, administrative liability is provided for under article 5.27.1 of the Administrative Code of the Russian Federation:

• for officers – a fine of 5,000 – 10,000 rubles
• for legal entities – a fine of 60,000 – 80,000 rubles.

If the violation is repeated, the penalties are increased:

• for officers – a fine of 30,000 – 40,000 rubles or disqualification for between 1 and 3 years;
• for legal entities – a fine of 100,000 – 200,000 rubles or an administrative suspension of activities for up to 90 days;

If as a result of a failure to perform a special evaluation study of labour conditions, an employee is seriously injured, the employer may incur the following punishment under article 143 of the Criminal Code of the Russian Federation:

• a fine  of 400,000 rubles or in the amount of the salary of the convicted person for a period of up to 18 months;
• community service of 120-240 hours, or correctional tasks for up to 2 years, or a compulsory labour for up to 1 year;
• imprisonment for up to 1 year with the possible deprivation of the right to hold specific posts.

Please contact Acsour’s experts with respect to matters associated with a special evaluation study of labour conditions.