New labor law. Rostrud inspectors will check the availability of jobs for people with disabilities

New edition Labor Code The Russian Federation entered into force on June 29, 2017. Amended by Federal Law of June 18, 2017 No. No. 125-FZ "On Amendments to the Labor Code Russian Federation". The changes determined new working and rest conditions, wages on weekdays, weekends and holidays. Corresponding changes should be made by many employers in labor agreements.

Article 93 Part-time work

Firstly, the changes affected Article 93 of the Labor Code of the Russian Federation “Incomplete work time". The legislation establishes a more precise concept of part-time work. Now it could be:

• part-time or shift;
• part-time work week, including the division of the working day into parts;
• part-time and part-time work at the same time.

There is a special category of employees to whom the employer is obliged, at their request, to establish part-time work. This category includes:

• pregnant women;
• one of the parents (guardians, trustees) who has a child under the age of 14 (a disabled child under the age of 18);
• persons caring for a sick family member in accordance with a medical report.

The part-time work regime is introduced by the employer on the basis of the employee's application.

Here is a sample application:

You can download a sample application for part-time work.

Based on the application, an order is issued to work on a part-time basis. Here is his sample:

You can download a sample order for part-time work.

At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work.

For example, a pregnant employee must be given part-time work or part-time work before the start of maternity leave.

Also, taking into account the wishes of the employee and working conditions, this employer establishes a regime of working hours and rest, including:

• duration of daily work (shift);
• start and end time of work;
• break time at work.

Article 101 "Irregular working hours"

For an employee working on a part-time basis, an irregular working day can only be established if, by agreement of the parties to the employment contract, a part-time working week is established, but with a full working day (shift).

A prerequisite is one moment - the day must be fully worked out. If an incomplete day is worked out, then the employer does not have the right to set an irregular day.

Article 108 Breaks for rest and meals

According to the Labor Code of the Russian Federation, an employee must be given a break for rest and food. The minimum break time is 30 minutes and the maximum time is 2 hours. At the same time, the time allotted for the break is not included in the working time.

The amendments introduced by Law No. 125-FZ make it possible not to provide an employee with a break for rest and food, subject to two conditions:

1. Duration of daily work (shift) does not exceed 4 hours;

2. This condition must be fixed by the rules of the internal labor order or an employment contract.

Article 152 Overtime pay

This article regulates the amount of payment for overtime work. Payment is:

• for the first two hours - not less than one and a half times;
• for the following hours - not less than double the amount.

The amendments made to the Labor Code of the Russian Federation specify that from June 29, 2017, these rules are valid only for payment for work in excess of the norm on weekdays.

An employee can refuse increased pay and take a day off on any working day. But at the same time, no less than the time he worked overtime.

Article 153 "Payment on weekends and non-working holidays"

A new paragraph appeared in Article 153 of the Labor Code of the Russian Federation: “Payment in an increased amount is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

Thus, the payment must be made at least twice the amount.

Only hours worked are payable for work on weekends or public holidays, not as for full-time work.

Let's say an employee goes to work on Saturday for 1 hour and his rate is 1000 rubles per day. This 1 hour will be subject to double payment. Wages for working on a day off will be: 1000*1/8*2 = 250 rubles.

The establishment of state guarantees in the field of labor, the creation of favorable conditions for work, the protection of the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Eases for microenterprises

From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 07/03/2016 No. 348-FZ). It establishes some features for employers who are.

Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. It's about, for example, about the rules of internal work schedule, regulations on remuneration or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. The conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, it must be included directly in labor contracts with employees. For this, the standard form of an employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

A new mandatory document when concluding an employment contract

On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for consumption drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the end of the term of such punishment are not allowed to certain types works (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230-FZ). These types of work include, for example:

• work directly related to the provision transport security(Clause 9, Part 1, Article 10 of Federal Law No. 16-FZ dated February 9, 2007);
• work directly related to the movement of trains and shunting work (clause 3, article 25 of the Federal Law of 10.01.2003 No. 17-FZ);
• work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).

Now, upon admission to such types of work, it is necessary to present a certificate (Appendix No. 4 to Administrative regulations, approved Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) on whether or not a person is subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru, the latest amendments to the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 do not come into force on June 19 (the next day ), and after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that according to general rule overtime work is paid for the first two hours at least one and a half times, for subsequent hours - at least twice the amount or is compensated by providing an equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.

Additionally, the features of remuneration on a weekend or non-working holiday are clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

The company "ISKRA" has prepared a new thematic electronic folder (TEF) - "Innovations in the labor legislation of the Russian Federation in 2017".

ATTENTION! TEP is relevant as of the date of formation - 06/30/2016. Before each use of TEP, we recommend in the ConsultantPlus system.

Personnel legislation is undergoing systematic changes. In 2017 in labor law RF made a number of important changes.

1. From January 1, 2017, the sanitary and epidemiological rules and regulations SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in the workplace." At the same time, some SanPiNs become invalid: SanPiN 2.2.4.1191-03 "Electromagnetic fields in working conditions", Appendix 3 to the sanitary and epidemiological rules and regulations SanPiN 2.2.2 / 2.4.1340-03 " Hygiene requirements to personal electronic computers and organization of work”.

2. On January 1, 2017, the Federal Law “On Independent Assessment of Qualifications” came into force which establishes the procedure for independent evaluation qualifications of employees and persons applying for a certain type of labor activity, for compliance with the provisions professional standard or qualification requirements established by federal laws or other regulatory legal acts. An independent assessment of qualifications is carried out in the form of a professional examination for the relevant qualification by qualification assessment centers authorized in accordance with the procedure established by the Federal Law. A professional exam is conducted at the initiative of the applicant, other individuals and (or) legal entities, or at the direction of the employer. Based on the results of its passage, the applicant is issued a certificate of qualification or, in case of receiving an unsatisfactory mark during the exam, a conclusion on passing it, including recommendations for the applicant. The federal law defines the participants in the system of independent assessment of qualifications, which, in addition to applicants, employers and centers for assessing qualifications, include the National Council under the President of the Russian Federation for professional qualifications, National Agency for the Development of Qualifications and Councils for Vocational Qualifications. The law does not apply to citizens applying for civil service positions, as well as civil servants. The federal law establishes that the employer sends an employee to undergo an independent qualification assessment with the written consent of the employee and at the expense of the employer. In addition, for the period the employee undergoes an independent assessment of qualifications, it is envisaged that he will retain his place of work (position) and average wages at the main place of work, as well as payment of travel expenses in connection with its passage.

3. In accordance with the Order of Rosstandart dated 09.06.2016 N 600-st, from 01.03.2017 the "GOST 12.0.004-2015. Interstate standard. The system of labor safety standards. Organization of labor safety training" was put into effect. General provisions"(together with the" Occupational safety training programs "). The main document that determines the rules for passing the training is the Procedure for training in labor protection and testing the knowledge of the labor protection requirements of employees of organizations, approved by the Decree of the Ministry of Labor of Russia, the Ministry of Education of Russia dated 13.01.2003 N 1/29 The training procedure is mandatory for employers of organizations, regardless of their organizational and legal forms and forms of ownership, employers - individuals, as well as employees who have concluded labor contract(Clause 1.2 of the Training Procedure). When organizing training in the field of labor protection, it is advisable to be guided, among other things, by GOST 12.0.004-2015.

4. Federal Law No. 348-FZ dated 03.07.2016 came into force from the new year, which gives the right to micro-enterprises not to approve: internal labor regulations, regulation on remuneration, regulation on bonuses, shift schedule and other personnel local regulations. The Government of the Russian Federation approved standard form an employment contract, in which you need to prescribe all the conditions of work.

5. The Ministry of Labor issued guidelines for the employment of former civil servants. The document introduces a uniform practice of applying restrictions that are imposed on former civil servants when they enter into labor or civil law contracts. For example, the document refers to general rule, according to which the employer, concluding an employment or civil law contract for the provision of services with a citizen within two years after his dismissal from the civil service, must report this fact former employer this civil servant at his last place of service within 10 days (part 4 of article 12 of the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption").

6. Amendments have been made that relate to part-time work, overtime pay and work on weekends and holidays. The President signed Federal Law No. 125-FZ dated June 18, 2017, which provides for the incorporation of certain provisions of certain legal acts of the USSR and the RSFSR into the Labor Code. The law amended, which affected Art. 93, 101, 108, 152 and 153 of the Labor Code:

The possibility of reducing the duration of daily work (shift) by a certain number of working hours while reducing the number of working days per week has been established.

It is determined when an employee working on a part-time basis can be assigned an irregular working day: only if the agreement of the parties establishes a part-time working week, but with a full working day (shift).

It is provided that if the duration of daily work (shift) established for an employee does not exceed four hours, he may not be given a break for rest and food.

The procedure for paying overtime work has been clarified. Namely, when counting overtime hours work on weekends and non-working holidays, performed in excess of the norm of working hours, is not taken into account.

The procedure for remuneration on weekends and non-working holidays has been specified. An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on that day (from 0 hours to 24 hours) are paid at an increased rate.

It is clarified that part-time work can be set both without a time limit, and for any period agreed by the parties. At the same time, the division of the working day into parts is also allowed.

The obligation to establish part-time work at the request of a pregnant woman, one of the parents (guardian, custodian) of a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member has been introduced. At the same time, part-time work is established for no more than the period of existence of these circumstances.

It is provided that in cases where the employer is obliged, at the request of the employee, to establish part-time work, it must be established for a period convenient for the employee, but no more than for the period of the presence of relevant circumstances. At the same time, the mode of working time and rest time is determined in accordance with the wishes of the employee, taking into account the conditions of production (work) for this employer.

7. Since 07/01/2017, liability for violations in the processing of personal data has been tightened. The basis is the Federal Law of February 7, 2017 No. 13-FZ, which amends Art. 13.11 of the Code of Administrative Offenses. According to the law, the list of offenses in the field of personal data protection is expanded from one to seven, and their composition is specified. Liability is for:

Processing of personal data in cases not provided for by the legislation of the Russian Federation;

Processing of personal data that is incompatible with the purposes of collecting such data;

8. From July 1, 2017, electronic sick leave began to operate. The President of Russia signed the relevant Federal Law No. 86-FZ dated May 1, 2017, which amends Art. 13 of the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” and Art. 59 Federal Law No. 323-FZ of November 21, 2011 “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”. Electronic sick leave can be issued with the written consent of the patient. The doctor and the medical institution will have to certify the document with an enhanced qualified electronic signature. Thanks to electronic sick leave, the problem of fake sick leave sheets will be solved, the life of employers will be simplified, who will be able to avoid fines for accepting sheets that do not meet the requirements of the FSS.

Processing of personal data without the written consent of the subject of this data;

Failure to provide the subject of personal data with information on their processing;

Failure by the operator to comply with the requirement of the subject of personal data to clarify, block, destroy (if the data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing);

Failure by the operator, when processing personal data without means of automation, to ensure the safety of such data, which caused illegal or accidental access to personal data and caused their destruction, modification, blocking, copying;

Failure officials state or municipal body-operator of personal data of obligations to depersonalize personal data or for violation of the requirements for this process.
The largest fines threaten those who process personal data without the consent of their subject - up to 75,000 rubles.

For all of the above innovations, this thematic electronic folder contains materials that disclose information about these changes and additions to labor legislation in 2017. Compilation of documents, comments and clarifications, and materials judicial practice on this topic will help managers and specialists of personnel services, chief accountants and accountants who are responsible for maintaining personnel office work, employees in whose official duties includes documenting labor relations in resolving many issues and problems related to the application of labor legislation.

With the advent of the new 2017, in our country there have been some changes in labor legislation. What innovations await all able-bodied citizens and what every personnel officer should know, we will consider below.

Agency work in 2017

Since January 1, 2017, a restriction on agency work has been introduced at the legislative level. From now on, only accredited employment exchanges will be able to use this service. As well as organizations that send employees to an enterprise with which a shareholder agreement is in force.

Social insurance against industrial accidents in 2017

Determination of the term for refusal of employment: In the coming year, the employer is obliged, within "7" calendar days, to give a reasoned refusal in writing that he refuses to conclude an employment contract with this person. In addition, the paper should list the reasons why a particular employee is not suitable for a vacant position.

Since 2017 LLC and JSC can be engaged in labor activity without a seal

This year the federal law allows such types of enterprises to operate without printing. But, it is worth noting that when an employee is dismissed, the entry in the work book is certified round seal. Therefore, in order to avoid violations, it is necessary to have at least one seal.

Quotas for foreign workers in 2017

It is strictly not recommended to use the labor of foreign workers in the following areas. In the current year, persons of foreign origin are not eligible to hold a position in the pharmaceutical field, work in markets and in non-stationary buildings.

It is allowed to use the labor of foreign workers for enterprises that are engaged in retail alcohol and tobacco. They can employ non-residents, but in an amount not exceeding 15% of the entire team. Those organizations that are engaged in cargo transportation and provide fixed-route taxi services may employ persons of foreign origin, but not more than 35% of the total number of employees.

Concerning Agriculture and construction, then non-residents can be involved in this sector up to 65% of the total employees. The exception is some areas of our state. In these regions, more workers from other countries are allowed.

It should be noted that these rules do not apply to persons who come from Belarus, Armenia, Kazakhstan and Kyrgyzstan.

List of holidays and weekends in 2017

May: The first holiday weekend awaits the citizens of our country on April 30 and will last until May 3 inclusive. Well, on the Day of the Great Victory, the Russians will rest for three days, from May 7 to May 9, inclusive.

June: The next holiday weekend is expected in June. We will start our vacation on June 11th and end on June 13th.

November : Well, one of the warmest holidays that unite our people, National Unity Day. We will start resting from 4 to 6 November.

Labor legislation of small enterprises in 2017

In our country, the labor law was written and focused on more large enterprises. In the coming year, all the strict norms that were created earlier will become much simpler and more loyal. But at the same time, the requirements regarding the protection of health and labor activity of the employee remain unchanged.

As for small enterprises, this year, under new legislation, they are exempted from approving a vacation schedule and keeping work books.

As can be seen from all of the above, 2017 gave the citizens of the Russian Federation a fairly large number of innovations that can improve the lives of some segments of the population.

As a result, I would like to add that there are several more innovations in the plans of our government that will help make life much easier for almost everyone. What these changes will be, what areas they will affect, we will find out soon.

Analyzing the list of documents that the State Duma adopted this year, we can say that changes in labor legislation since 2017 will not lead to global changes in the relationship between employees and employers.

The main innovations concerned the traditional increase in the minimum wage, business trips for employees to pass exams and the emergence of restrictions on agency work. Small concessions have been made to micro-enterprises in the field of document management. For the broad mass of workers, the new rules for calculating sick leave payments will be more significant.

How the minimum wage will affect changes in labor legislation from 2017

In September 2016, Olga Golodets, then Deputy Prime Minister of the Russian government, announced the upcoming increase in the minimum wage to 8,800 rubles, but due to some difficulties, the minimum wage will increase by 4%, to 7,500 rubles.

From this decision, individual entrepreneurs who make deductions based on the size of the minimum wage sighed with joy. But such a small increase will not allow a significant increase in the salaries of state employees.

Agency work - why it is limited

Although the Law on Employment of the Population was signed back in 2014, its final entry into force will take place in 2017. Significant changes to the labor code in 2017 are made in the section that deals with agency work. If earlier enterprises could organize units that were fully or partially sent to perform work under the full control of another company, now this practice will be discontinued.

However, a couple of exceptions remain in new edition labor code. They concern:

1. Detective and security agencies. To give for a while a few detectives who are completely subordinate to the new owner, the law allows.
2. affiliated firms. The head of the enterprise retains the ability to transfer personnel to a subsidiary or parent company without making a transfer.

True, disputes about the term “affiliated” will continue to be encountered in Russian courts for a long time, this is a very vague concept.

Independent Learning Centers - what is it?

The gradual shift away from state licensing towards self-regulatory organizations has led to the emergence of a large number of highly specialized training centers which are engaged in the retraining of specialists in certain areas. This applies to a huge part of the industrial sector, from construction to chemical plants.

According to the latest changes, the employer gets the right to send his specialist not only to retraining courses, but also to pass exams. The previous version of the Labor Code did not reflect such a possibility, which led to contradictions in the procedure for calculating wages and vacation pay for the duration of the exam. To eliminate the defect, Law N 239-FZ was adopted, which amended the Labor Code. Its essence is that articles 187, 196, 197 are supplemented with the words “passing an independent qualification assessment”.

Microenterprises - new in workflow

In 2007 Russian business heard a new concept - "microenterprise". This is entity or individual entrepreneur that meets the following criteria:

1. The annual turnover does not exceed 120 million rubles. The figure changes every year and depends on the size of inflation.
2. No more than 15 people work here, including the director or owner of the business.
3. The share of other private, state or municipal companies does not exceed 20% of the authorized capital.

It is clear that with the number of employees of 15 people to maintain a separate personnel service becomes difficult. Therefore, the department of Maxim Topilin - the "Ministry of Labor" has developed a law exempting kids from conducting personnel records management. Now micro-enterprises will have the right not to publish local acts that govern the relationship between the employee and the employer. Moreover, according to the new rule, they will be exempted from the obligatory maintenance of work books.

If the employee believes that an entry in the labor is necessary, he has the right to apply to the interdistrict tax office. Here he will be issued a document in accordance with all the rules on the basis of a tax return filed by a businessman.

This new rule in labor legislation since 2017 is the most revolutionary, before that only an individual entrepreneur could be left without an entry in the work book.

Sick leave is the new pain of the budget

Temporary disability benefits are paid from the Fund Social Security, which is formed at the expense of the citizens themselves.

Until 2017, everyone who has an experience of 8 years did not lose wages when going on sick leave. It seemed to the government that this was too much luxury in today's conditions, and amendments to Law No. 255-FZ of 2006 were adopted. Now, every six months, the length of service required to receive sick leave will increase by a year.

As a result of the innovation, by 2029, in order to receive 100% of the salary, you will have to work for at least 15 years. For seniority up to 8 years will pay 60%, from 8 to 15 - 80%. This innovation will affect all working citizens.

The changes that will affect labor legislation in 2017 will not please workers. The state is strenuously looking for funds to balance the budget and is forced to reduce the income of the population, although this negatively affects domestic demand and triggers a mechanism for compressing the economy.