Legislative initiatives to optimize personnel document flow

We offer you an overview of draft laws aimed at optimizing the personnel document flow and the translation of a number of documents into electronic form.

The Ministry of Economic Development, taking into account modern economic conditions, offers solutions to reduce the costs of legal entities. Thus, cost reduction can be achieved by refusing to issue documents in paper form in favor of electronic documents.

In this regard, a bill has been introduced proposing to allow the use of electronic documents in the registration of labor relations. Appropriate amendments may be made to the Labor Code. The draft law establishes the conditions for the use of an electronic signature, the right of an employee to refuse to use it, as well as cases where the use of an electronic signature is prohibited. Thus, the authors of the draft law prohibit the use of an electronic signature when processing documents directly related to employment (employment, conclusion, amendment, termination of an employment contract), documents related to material and disciplinary liability of an employee and in other cases.

If the bill is adopted, the new provisions will come into force on January 1, 2017. 

Innovations may also affect employers belonging to the category of microenterprises. A draft law on amendments to the specifics of regulating the work of persons working for microenterprise employers is being considered. These legal entities may be exempted from the obligation to adopt local regulations, also, by agreement of the parties, they may not enter information about work into the employee's work book, and in the case of concluding an employment contract for the first time, they may not issue a work book. 

In this case, information about the work, as well as the terms and conditions that were previously regulated by local regulations, are included in the employee's employment contract.

The draft law establishes a period during which the employer undertakes to bring the employment relationship in line with the norms of labor legislation. This period is equal to 4 months from the date of change of the employer category in the state register of small and medium-sized businesses. 

1 Draft Federal Law "On Amendments to the Labor Code of the Russian Federation (regarding the use of documents in electronic form)" dated 09.03.2016 b/n

2 Microenterprise - a small business entity, a small enterprise with no more than 15 employees (approx. the share of foreign participation is no more than 49%) with a marginal value of income* - up to 120 million rubles per year (* applicable from August 1, 2016

3.Draft Federal Law No. 1050405-6 "On Amendments to the Labor Code of the Russian Federation regarding the Specifics of Regulating the Labor of Persons Working for Employers who Belong to the Category of microenterprises"