New obligations for employers regarding employees who are of pre-retirement age
Legal Digest \ 18.12.2018From 1 January on, the Russian Pension Fund will start confirming to employers the right of employees who are near to retirement age to undergo a compulsory medical examination. To this end, employers must conclude an information exchange agreement with the Pension Fund.
Starting from 1 January 2019, employers are obliged to grant, on an annual basis, two paid days off to undergo a compulsory medical examination to those of their employees who are approaching retirement age. The Pension Fund will advise companies as to which of their employees this right covers.
To obtain such electronic messages from the Pension Fund, however, employers should conclude a supplemental information exchange agreement with the Fund. This supplemental agreement (in two counterparts) should be sent to the local Department of the Pension Fund at the registration address of the company, or be delivered by hand to the customer service of the regional branch of the Pension Fund.
The Pension Fund’s need to inform employers of the fact that their employees have reached pre-retirement age is connected with some employees having the right to retire early, while the employer may not be aware of this right.
No special liability is stipulated for the non-compliance with the obligation to conclude a supplemental agreement with the Pension Fund. If the employer, however, subsequently refuses to grant additional vacation days to employees of pre-retirement age, the company may be held liable for an offence under article 5.27 of the Russian Code of Administrative Offences. The liability may take the form of a fine of RUB 1,000 to RUB 5,000 for an officer of a legal entity, or RUB 30,000 to RUB 50,000 for the legal entity itself.
Please contact Acsour’s payroll specialists for advice on interaction with the Russian Pension Fund.