New requirements for conduction of a special evaluation study of labour

LEGAL DIGEST, NEWS \ 01.09.2020

Starting from September 1, 2020, the procedure for special evaluation study of labour conditions should be carried out using a new methodology.

In accordance with the new Order of the Ministry of Labour, an organization carrying out a special evaluation study of labour conditions (referred to below as “SESLC”) should obtain an identification number in the Federal Information System of Accounting (referred to below as “FISA SESLC”). The deadline for obtaining the number is before the start of the performance of relevant works, but not later than 5 working days from when the contract on the conduction of SESLC is concluded with the employer. The employer may obtain a notification about assigning a number:

• in paper form by post;
• in the form of an electronic document signed with an enhanced qualified electronic signature.

The identification number should be indicated on the front page of the report on the results of the conduction of SESLC. The report is drawn up by the organization carrying out a special evaluation study, is signed by all members of the commission and is approved by its chairman not later than 30 calendar days from when the document was sent to the employer.

The following provisions were also changed:

1. Employers are not allowed to apply the results of the conduction of SESLC until information about them is entered in the FISA SESLC.
2. The report on the special evaluation study should include the employee’s comments and objections regarding the results of its conduction. It is the employer’s obligation to consider these objections and carry out an unscheduled SESLC if necessary.

Please be reminded that conducting a special evaluation study is the obligation of companies. The term of its conduction is at least once every 5 years. Employers face liability under article 5.27.1 of the Administrative Code of the Russian Federation for failure to carry out SESLC or violation of the procedure for its conducting:

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

For repeated violation, measures of punishment are increased and constitute:

• for officers – a fine of 30,000 – 40,000 rubles or disqualification for a period of 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.

The identification number of the forthcoming special evaluation study is a mandatory figure of the report. Its absence may lead to a violation of the requirements in the field of labour protection and bringing the employer to responsibility. Therefore, we recommend that you take this change into account when concluding a contract with an organization that will carry out a special evaluation study.

Document: Order No. 213n of the Ministry of Labour dated April 27, 2020