Electronic employment contract

• Labor market in Russia
• Electronic Work Book
• Work in Russia (portal)
• Federal Service for Labor and Employment (Rostrud)
• Social Insurance Fund of the Russian Federation
• Pension Fund of Russia
• Graduate Employment Monitoring Portal

2021: Russia has adopted a law allowing the conclusion of an employment contract remotely

On November 17, 2021, the State Duma adopted in the third reading a law allowing you to conclude an employment contract remotely. Relevant amendments to the Labour Code.

According to the State Duma website, the law establishes the possibility and mechanisms for maintaining and using documents related to work in electronic form without duplication on paper to create large opportunities for remote employment.

So, the applicant will be able to pick up an employer from another region, remotely pass an interview and conclude an employment contract.

Russia adopted a law allowing the conclusion of an employment contract remotely

Electronic document management will be carried out through a single digital platform "Work in Russia" (including interaction through the public services portal). It can also be conducted through the employer's information system that meets the requirements of the TC.

Employers will have to warn employees about the transition to electronic personnel document management. Employees can refuse such an innovation. The collective agreement may stipulate that the employer can extend the maintenance of documents in digital form to all employees, if more than 50% of them agreed to this format.

By the second reading, a number of amendments were made to the bill, limiting the application of the normative act: innovations do not affect dismissal orders, labor books and electronic information about the labor activity of workers, accident acts at work and documents confirming the passage of safety instructions.

According to the new rules, an enhanced qualified or unqualified electronic signature will be used when issuing documents.

The adoption of the bill will allow you to quickly receive state, municipal, banking and other services where data is required from the employer, the explanatory note says.[1]

2020

Electronic personnel document management subsystem launched on the federal portal "Work in Russia"

On November 2, 2020, BFT announced the completion of a federal project - the development and launch of the electronic personnel document management (EKD) subsystem on the federal portal "Work in Russia."

On the basis of the portal, a federal experiment is being conducted to digitize the relationship between the employer and the employee. To provide technological support for the experiment, BFT developed and implemented an electronic personnel document management subsystem on the portal. The first 50 organizations are connected to the subsystem. In the near future, it is planned to connect about 100 more organizations. More details here.

In Russia, the transition to a fully electronic personnel document flow has begun

In October 2020, an experiment began on the transition to electronic personnel document management (EKD). It is carried out on the basis of the portal "Work in Russia." More details here.

Putin instructed to establish a document flow between employers and employees through public services

On July 6, 2020, it became known that the president Russia Vladimir Putin instructed to establish an exchange of documents between employees and employers through the portal. public services The head states did this following the meeting on the development of information and communication technologies and communications on June 10, 2020.

According to the Kremlin's official website, by August 3, 2020, the Government of the Russian Federation needs to work out the issues of "using a single portal of state and municipal services to organize the exchange between workers and employers of electronic documents related to the regulation of labor relations and information about labor activities."

Putin instructed to establish an exchange of documents between employees and employers through public services

The proposal to exchange documents in the field of labor through the website of public services at the meeting was made by the president of Rostelecom Mikhail Oseevsky. He then said that the transition to electronic document management is necessary to maintain a remote operation mode, which has become popular in the country against the background of the COVID-19 coronavirus pandemic. The portal of public services will allow you to organize such a document flow faster and easier, Oseevsky said.

Obviously, today it is necessary to transfer part of this document flow into electronic form in order to support the capabilities of remote work, "said the head of Rostelecom. - It seems to us that it would be advisable to use the Unified Portal of Public Services for this, where today more than 100 million people are registered, their accounts are available, and it would be possible to organize such processes quite easily and quickly.

Earlier, State Duma deputies and members of the Federation Council developed a bill according to which an employer and an employee who works remotely will be able to exchange personnel documents in electronic form.^[2]

Ministry of Labor approved the rules of the experiment on the transition to electronic personnel documents

The Ministry of Labor approved the procedure for organizing and conducting an experiment on the transition to electronic personnel documents. The corresponding order was posted on the official website of legal information on June 17, 2020.

Procedure for the organization and conduct of the experiment

As noted in the order, until December 1, 2020, the Ministry of Labor can additionally include employers in the list of participants in the experiment based on applications received from them. The date of the end of the experiment in the document is March 31, 2021. However, the specific date of its start, according to the document, is determined by the employer participating in it independently. As well as "a specific list of documents for which an experiment is being conducted."

When choosing an employer information system or the Work in Russia system, it is necessary to determine a list of types of documents related to work, which will be created, used and stored in the employer information system, and which in the Work in Russia system, the order of the Ministry of Labor notes.

The portal "Work in Russia" is the federal state information system Rostrud, created to help citizens in finding work, and employers - employees.

According to the order, it will undergo experimental operation, the results of which will be analyzed. Its software tools will also be upgraded and the software will be refined. The pilot operation of the Electronic Personnel Document Management subsystem of the Work in Russia system will begin on July 20 and last until September 4, 2020. For its holding until July 1, 2020, the Ministry of Labor will determine employers - participants in the experiment, who will express consent to participate in the process.

Until December 1, 2020, the Ministry of Labor may additionally include employers in the list of participants in the experiment based on applications received from them. (photo - cdn.iz.ru)

In order to carry out electronic personnel document management in the "Work in Russia" system, employers participating in the experiment must be registered in the Unified Identification and Authentication System (ESIA) and receive an enhanced qualified electronic signature (UKEP) of the employer, the order says.

Employees of employers participating in the experiment participating in experimental operation should also be registered with the ESIA. The number of employees during experimental operation is not limited and is determined by employers. Their lists should be submitted to the Ministry of Labor by July 10, 2020. From October 1, 2020, all interested employers and employees can take part in the experiment using the "Work in Russia" system.

During the experiment, employers participating in the experiment send information in electronic form to the Ministry of Labor on the results of the experiment and proposals for amending labor legislation and (if necessary) in the legislation of the Russian Federation on employment of the population regulating the use of personnel electronic documents.

The Ministry of Labor, together with Rostrud, on the basis of the synthesis of information received, prepares reports on the results of the experiment and sends them to the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The evaluation of the effectiveness and effectiveness of the experiment is reflected in the reports according to the following criteria:

• The number of economic activities to which the pilot employers belong;
• The number of regions of Russia in which the employers participating in the experiment are located (their divisions);
• main types of structural subdivisions of organizations whose employees participate in the experiment;
• The planned number of employees who will be invited by the employers participating in the experiment to use electronic documents related to work, after appropriate amendments to the legislation;
• number of complaints/disputes with employees;
• Number of employers/employees who have left the experiment;
• number of employers participating in the experiment using the "Work in Russia" system;
• The number of amendments made during the experiment to local regulatory legal acts of employers participating in the experiment;
• number of justified proposals for amendments to the legislation of the Russian Federation regulating the use of personnel electronic documents.

Following the results of the consideration by the commission, the Ministry of Labor, together with Rostrud, clarifies the reports, after which it sends them to the government of the Russian Federation.

Business Opinion

TAdviser interviewed a number of large companies about their interest in participating in a new experiment on electronic personnel management, as well as its possible difficulties. Some respondents did not express readiness.

We have not yet applied for participation in the experiment. During the experiment, difficulties may arise related to the current functionality of the Work in Russia portal, in particular the lack of integration mechanisms with employer information systems, TAdviser was told in Rostelecom.

Raiffafsenbank TAdviser said that the company will monitor the development of the initiative, as well as relevant legislative changes. At the same time, the bank noted that, according to labor law, an employee must sign most significant personnel documents personally on paper, and the list of documents that can be signed by a qualified electronic signature (CEP) is limited. At the same time, it is issued for a fee, only in the certification center accredited by the Ministry of Communications and is valid for only one year. The software required to work with a qualified electronic signature must be certified by the Federal Security Service.

In Krok, they prefer to take the "position of an active observer" when transferring personnel documents to electronic form. According to the director of administrative and personnel issues and social policy "Krok " Liubov Trunina, for the organization, the process of transferring personnel documents to electronic form is generally "transparent and understandable."

We lack legislative regulation. Where it is possible to use an electronic signature in accordance with current legislation, we tried to do this, but a number of inconveniences were found. For example, an electronic signature is actively used on electronic trading platforms, but for individuals in the status of candidates it is not so easy to get, "said Liubov Trunina.

Speaking about the main difficulty of the experiment to transfer personnel documents to electronic form, she noted that according to its results, "many companies from a different angle will appreciate the level of their automation and understand that they do not yet have a" base "for the introduction of electronic signature."

It is important that lawmakers hear and take into account the opinions of companies that will take a direct part in the experiment, as well as those who are active observers, "added Liubov Trunina.

The fact that the company is considering the possibility of participating in the TAdviser experiment was announced by Technoserv HR Director Ekaterina Ignatova.

This is an opportunity to test changes, to check how it will really work in practice. Of course, there are certain tasks that we previously need to work out together with other divisions of the company. Much depends on the situation with the coronavirus pandemic: perhaps the way of informing for painting today is the greatest difficulty in this project, "said Ekaterina Ignatova.

She also highlighted several areas that need to be worked out during the experiment.

The first is related to human resources - additional time for employees, their training, setting up appropriate processes, and monitoring execution. I will say even more - for the experiment it will be necessary to allocate an individual person. The second direction is technical tasks - obtaining access, issuing powers of attorney, other documentation, inaccessibility of the system, format errors, etc. The employer will not be able to solve all these issues on his own, the support of the organizers, quick contacts will be required, only a common mailbox will not be able to solve all issues. And the third direction is safety issues - control over possible data leaks. The solution may be the division of responsibility between the employer and the working group on the part of the organizers of the experiment, "said Ekaterina Ignatova.

Softline plans to take part in the experiment. Soon, the organization will host a meeting of the working group on participation in it, where the company will understand all stages of the project and begin its implementation within itself. The company considers the key indicators of the success of the experiment in the future to be a reduction in the paper flow, the ease of using the format of electronic personnel documents as such, and the speed of exchanging such documents with employees. At the same time, according to the head of the Softline statistics and personnel accounting department, Nadezhda Sapronova, the procedure for organizing and conducting the experiment is somewhat difficult.

From the moment the companies were on the list, to the present. In addition, there is no clear understanding of the order and legality of the actions taken, "said Nadezhda Sapronova.

Background

On April 24, 2020, Russian President Vladimir Putin signed a federal law "On conducting an experiment on the use of electronic documents related to work." The law allows you to translate into electronic format all personnel documents, including labor contracts, orders for admission and dismissal, orders for business trips and vacations. The purpose of the experiment is to create and develop mechanisms for the maintenance and use of personnel electronic documents without duplication on paper, as well as to prepare proposals for amending the legislation of the Russian Federation.

This experiment is being conducted in Russia for the second time^[3]For the first time the Ministry of Labor conducted an experiment on transfer to an electronic form of documents and information about the worker concerning the labor relations in Russia in 2018 together with 11 large organizations employers: Russian Railways (RR), Gazprombank, AvtoVAZ, Rosbank, Mechel, "Severstal management", Rostelecom, Sibur, Alfa-Bank, Tatneft and Agrotorg on the terms of duplication of electronic paper documents.

The results of the experiment showed the possibility of preparing a legislative framework for the transition of personnel to electronic document management, for which it was decided to conduct another experiment with an unlimited number of participants from among employers and without duplicating documents on paper.

However, on May 19, 2020, it became known that 71^[4] organizations will take part in the new experiment on electronic personnel management^[5]Such information was contained in the draft order of the Ministry of Labor "On the approval of the list of employers participating in the experiment on the use of electronic documents related to work," sent by the ministry for consideration to the Russian tripartite commission for the regulation of social and labor relations. According to the order, large organizations will participate in the experiment, including Russian Railways, Sberbank, Yandex, Russian Post, PepsiKo Holdings, Unilever Rus, Wildberries, Mobile Television Systems (MTS) and Megafon.

Putin allowed to hire and fire employees via the Internet

On April 24, 2020, the president Russia Vladimir Putin signed a law on an experiment in the management of electronic documents by employers. Thanks to the new initiative, it will be possible to conclude and sign labor contracts without to the Internet using paper. The same applies to the procedure for dismissal.

As Rossiyskaya Gazeta with reference to the deputy head of the Ministry of a trudavsevolod Vukolov writes, application of the law will be voluntary for the companies, however at a stage of preparation of the bill to test it in the practice about 80 organizations, including Social insurance fund expressed.

Putin signed a law on an experiment on the management of electronic documents by employers

According to the law, an experiment on the maintenance of electronic documents related to labor relations with employees, in respect of which the labor legislation of the Russian Federation provides for the registration in paper form or familiarization of the employee with the signature, without their duplication on paper, will take place until March 31, 2021 inclusive.

The explanatory note to the bill stated that the employer at whose enterprise the experiment will take place will decide which documents will be transferred to electronic form and which structural units will participate in the experiment.  It is known that the experiment does not concern labor books, for which a special legal regime has already been established.

Duplicate documents on paper is not expected. The law also establishes the obligation of the employer to issue electronic documents at the request of the employee within three working days.

Employers can use as their information system to work with electronic documents in the field of personnel records management, and can use the capabilities of the state portal "Work in Russia," explained in the Ministry of Labor^[6].

Notes