requirements for hiring

The Russian Supreme Court has specified requirements for hiring a former public official

The Russian Supreme Court has specified requirements for hiring a former public official

LEGAL DIGEST \ 20.09.2018

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.