The case law confirms that it is lawful for a disciplinary sanction to be imposed on an employee when the latter does not submit personal information as required by company’s internal work regulations.
According to a recent judgment issued by the Court for Penza Region, an employer may impose sanctions on an employee if the latter has not complied with an obligation as provided for in the internal regulation.
In the case at hand, the company imposed a disciplinary sanction on an employee because the latter did not submit a copy of a sick leave certificate upon request. This obligation of an employee was laid down in the internal work regulations. The court did not uphold the employee’s position that only those employees who do not comply with obligations from an employment agreement or a job description can be penalized.
The case is especially topical given numerous violations being identified in the area of personal data. It is crucial for an employer to obtain, in a timely manner, the information regarding the change of passport or a place of registration or other data of an employee. It is essential to submit accurate data to the authorities (such as the Russian Pension Fund, Social Welfare Fund, or Inspectorate of the Federal Tax Service).
To avoid repercussions, we advise that you lay down, in internal work regulations or another internal regulation, an employee’s obligation to notify any change in his/her personal data within the time limits determined by the company. All employees should be acquainted with the internal regulation against their signatures.
To develop and update internal regulations setting out employees’ obligations to comply with personal data legislation, please contact Acsour.