In connection with the fulfillment of the requirements of the Decree, employers have many questions. For your convenience, we provide the opinion of experienced experts on their resolution.
Expert opinion: Daria Pogodina, General Director of SVILAR LLC
Employers must transmit information using the personal account of a legal entity, an individual entrepreneur on the official website of the Mayor and the Government of Moscow in the form established by Appendix 4 to the Decree of the Mayor of Moscow No. 12- UM.
Before submitting notifications, we recommend that you check your access to the personal account of the legal entity on the websitemos.ru . Access is carried out using a qualified electronic digital signature of a representative of a legal entity.
According to annex 4 to the Decree (see above), in addition to information on the number of employees, employers will have to provide mobile phone numbers, electronic cards "Troika" and "Strelka", social cards, travel tickets, as well as state registration numbers of employees' vehicles.
Employers who have not fulfilled the requirement to transfer at least 30% of employees and all employees over 65 years of age and with chronic diseases, as well as who do not provide weekly reports, will be brought to administrative responsibility in accordance with Article 20.6.1. of the Administrative Code of the Russian Federation.
The fine for legal entities can range from one hundred thousand to three hundred thousand rubles, for officials from fifty to one hundred thousand rubles.
Expert opinion: Elena Balashova, Managing Partner of LLC "Bielsi"
In accordance with the Decree, employers in Moscow are required to upload via their personal account to the portal mos.ru phone numbers, cars, Troika and Strelka cards of employees who have been transferred to remote work. These requirements, in our opinion, do not comply with the Labor Code of the Russian Federation and Law No. 152-FZ "On Personal Data", since most of these data are not included in the list that the employer requests and processes in connection with the employee's work.
However, as noted above, failure to provide information in accordance with the Decree may lead to an administrative fine provided for in Article 20.6.1. of the Administrative Code of the Russian Federation. Thus, the employer faces a difficult task – on the one hand, to fulfill the requirements of the Decree, and on the other hand, to comply with the legislation on personal data.
In this regard, we would recommend sending employees a written request for the provision of the necessary data simultaneously with obtaining the employee's written consent for the employer to process this data and transfer it to the portal. mos.ru .
At the same time, we believe that in order to exclude potential risks of bringing the company to responsibility for violating the procedure for processing personal data, the employer does not have the right to transfer the above-mentioned data regarding the employee to the portal mos.ru if the employee refuses to provide them or does not consent to their use for the stated purposes. In this case, we recommend specifying in the table that the employer cannot provide data due to the employee's refusal.
Please note that if the employee's consent form does not contain mandatory provisions regarding the purposes of processing personal data, then when transferring this data to the portal mos.ru . the employer may have problems in relations with the employee - the employee will have the right to complain to the regulatory authorities to protect their rights in connection with a violation of the procedure for processing their personal data data, as well as to apply to the court with a claim for recovery of moral damage.
Expert opinion: Olga Grigorieva, General Director of Sternhoff Audit LLC
In addition to the obligation of weekly notification in the prescribed form, we also recommend that you carefully analyze the mandatory sanitary and epidemiological requirements that must be applied by companies. Compliance with these requirements may be checked by supervisory authorities during inspections.
We bring to your attention a list of events compiled with the help of the head of one of the companies that has already passed the appropriate check. What you should pay special attention to:
entrance control with temperature measurement, admission is carried out only in a mask and gloves;
all employees in the workplace and in common areas must wear masks and gloves;
the company must provide a supply of masks and gloves for at least 5 days;
the premises must be provided with air disinfectants in accordance with the area;
cleaning equipment must be marked and stored separately (for bathrooms separately from other rooms);
a temperature control log should be issued with temperature measurement at least once every 4 hours;
the magazine of cleaning of bathrooms should hang in bathrooms;
there should be a schedule for cleaning and disinfection of rooms and surfaces;
skin sanitizers should be at the entrance, in every office and in every bathroom;
if disinfectants and skin sanitizers are diluted from concentrate, it should be recorded who, when and in what proportion bred and what composition;
the funds must be certified, the composition must be indicated on the banks, there must be instructions for use;
the disinfection products used must comply with the established list of Rospotrebnadzor;
at the entrance to the office there should be a tank with the inscription "CLASS B WASTE" for masks and gloves, which should be disposed of daily and separately from each other;
it is mandatory to apply markings to observe social distancing, which should be in places of possible congestion of people and in the entrance group, as well as in the corridors between the offices.
I recommend checking to what extent these measures are being implemented in your company and, if necessary, make the necessary additions and adjustments.
We will be glad if this review helps answer your questions and will be happy to give additional recommendations.
If necessary, we are ready to help issue a request for the provision of personal data, prepare a written consent form for the employee to transfer data to the portal mos.ru , as well as to support you in the development of the necessary documents for the purpose of ensuring sanitary standards when employees work in the office, as well as their obligations to use additional personal protective equipment issued by the employer to ensure the safety of work during the pandemic.