The Russian Supreme
Court has held that when a company hires a former public official it must send
a notification of such hire to the public official’s previous place of
employment. The notification should contain all information stipulated by the
law. An employer may face a fine if it submits incomplete information.
According to the requirements of the Russian
Labour Code, when an employment agreement is concluded with former public
officials within two years after they left their posts, the employer of the state
or municipal official at his/her former place of employment must be notified to
this effect within 10 days.
There has been established a list of the data
which the employer must indicate in its letter, including:
- the
individual’s surname, forename, and patronymic (if any) (if those details have
been changed, the previous full name should be indicated);
- the
individual’s date, month, year and place of birth (country, republic,
territory, region and populated area);
- position
of the state or municipal service which the individual occupied immediately
before he/she left state or municipal service (according to the information in
the work record book);
- the
company’s name (full and abbreviated (if any));
- the
date and number of the order (directive) or any other resolution of the
employer according to which the individual was hired;
- the
date on which the employment agreement was entered into and the period for
which it was concluded (the start date of employment is to be indicated, and,
if a fixed-term employment agreement is concluded, its duration and the
circumstances (reasons) which served as a basis for concluding such fixed-term
employment agreement);
- the
name of position which the individual occupies under the employment agreement
and in accordance with the staffing table, as well as the company’s structural
unit (if any);
- the
job duties to be fulfilled in the position the individual occupies (the main
areas of work assigned to him/her are to be indicated).
The letter should be printed on the company’s
letterhead and signed by its CEO or the authorized person who signed the
employment agreement for the employer. The employer’s signature is certified
with the corporate seal (seal of the HR
department). It is important that all the above information must be included in
the body of the letter, rather than attached as separate documents.
A fine is stipulated for violating such
requirements:
- for
a company’s officers – RUB 20,000 to RUB 50,000; and
- for
legal entities – RUB 100,000 to RUB 500,000.
Acsour is ready to
advise you on the application of Russian employment legislation.
