On April 9, 2020, the Government approved the “ Temporary rules for registering citizens to find suitable work and registering as unemployed, as well as for making social payments to citizens who are recognized as unemployed under the established procedure” (“ Rules”). In addition to the procedure for registering citizens as unemployed, the Rules, among other things, establish the employers’ obligation to submit information to the Russian Pension Fund in cases of hiring and firing a citizen no later than 1 business day following the day of issuing the relevant order (decision), as well as other decisions or documents confirming the execution of employment relations (clause 6 of the Rules).
Such reduced terms should have come into force only starting from January 1, 2021 (clause 2.5 of article 11 of the Federal law “ On individual (personalized) accounting in the mandatory pension insurance system” (“ Law”)). We believe that the Government has accelerated the entry into force of the reduced deadlines for more rapid receipt of information to make social payments to citizens recognized as unemployed. The Rules came into force on April 9, 2020, and are valid until December 31, 2020.
At the time of publication of this review, a separate form for notifying of employment and dismissal of a citizen in compliance with the Rules has not been introduced by the Pension Fund. Thus, information must be provided in the “ Information about the employment of a registered person (СЗВ-ТД)” form.
Until December 31, 2020, an administrative fine for violation of labor legislation may be applied in cases of late submission of СЗВ-ТД form for officials in the amount of 1,000 to 5,000 rubles, and for legal entities in the amount of 30,000 to 50,000 rubles (part 21 of article 17 of the Law, article 5.27 of the Russian Administrative Code).
Starting from January 01, 2021, special rules of liability for failure to submit in due time or submission of incomplete and/or inaccurate information in the form will come into force: a warning or an administrative fine for officials in the amount from 300 to 500 rubles (clause 2 of article 15.33.2 of the Russian Administrative Code, effective from 01.01.202111).
1Federal law No. 90-FZ of 01.04.2020 “On amendments to the Russian Administrative Code”