Changes in labor legislation and insurance premiums. Changes in labor legislation and insurance premiums Increased travel expenses

"Kadrovik.ru", 2011, N 12

In 2011, more than 20 new regulatory legal acts were adopted, which to varying degrees affected work with staff. And in 2012, this figure can only increase, and significantly.

Only this year in the State Duma there was about 40 projects to make changes to the existing regulations governing labor relations. Some of them were already adopted in 2011, others were rejected, discontinued from consideration. Some projects have passed the first and even second reading or were postponed for 2012. The fact is obvious: labor legislation has shifted from a dead point in which it was several years. What kind of innovations will this movement?

Many innovations have long been expected (for example, a project to establish additional holidays in regions). Some of them will complicate the life of the employer, others, on the contrary, simplify. Therefore, at the most important task today, the timely tracking of all adopted changes and, if possible, planned amendments, since some of them need to be prepared in advance.

In May 2011, the first reading in the State Duma the draft law on the ban on the use of borrowed labor in our country (outsourcing, outstaffing, leasing) was held. Undoubtedly, employers who use this kind of relationship should be thought out by all the paths of "waste" and decide in advance for solving relevant personnel issues.

This year, the Institute of Professional Personnel has launched a program for informing customers on issues that all practitioners of personnel service should know, - Newsletter "Personnel Bulletin". It publishes monthly changes, projects of new acts, explanatory letters of state bodies, analysis of judicial practice. You can get a list of all regulatory acts in the field of labor relations adopted in 2011, by filling out the request form on the website www.inprofkadry.ru.

So, what changes are the Cadrovikov in 2012? Perhaps the most relevant regulatory act is the Federal Law "On Human Accounting", the adoption of which was planned this year. This law in our country comes out for the first time, and, of course, the need for it is very large. In 2011, projects relating to changes directly in the Labor Code of the Russian Federation were considered: in Art. 112 - On holidays, in Art. 111 - Weekend, in Art. 81 - On the termination of the employment contract on the initiative of the employer, in Art. 129 - On terminology and requirements for the size of official salaries and many others.

In addition, it is supposed to make changes to the norms regulating labor protection and the organization of labor workers working in harmful conditions. Already this year, from September 1, 2011, the procedure for the certification of jobs has changed.

A rapid pace develops legislation regulating the procedure for inspection inspections. Already in 2010, administrative regulations on the audits of supervisory authorities in the field of working with personal data, archival legislation, etc. appear. There are innovations in the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses, all of them only tighten the responsibility of the employer and officials for Those or other violations. Changes taken from January 1, 2011 in Art. 145.1 of the Criminal Code of the Russian Federation, establishing the responsibility of officials for disorders in the field of delay in the payment of wages (including its part), radically changed the judicial practice associated with this kind of situations.

With regard to payment periods of disability, only this year seven acts belonging to this area of \u200b\u200blabor legislation were adopted, and changes were not yet completed. Requirements for filling the new form of disability, many questions still cause. The incorrect registration of sheets of disability with medical workers and associated violations by the employer, unfortunately, have already led to contradictions in cooperation with the FSS of the Russian Federation. To help employers at least slightly reduce the risk to the non-payment of the funds of the social insurance fund, a sample of filling the hospital leaf and an algorithm for its inspection were prepared at the Institute of Professional Personnel.

On July 25, 2011, important changes to the Federal Law N 152-FZ "On Personal Data" were adopted regarding, for example, a mandatory notice of the beginning of the processing of personal data and filling out the form of the written consent of the employee. Get a table containing a comparative analysis of the previous and new editions of this law, you can also fill in the request form at www.inprofkadry.ru.

One of the key issues for employees of personnel services is the abolition of an employment record. The first steps in this direction are planned to be done already in 2012, so work on the inspection (audit) of labor books must begin now. The information contained in this document is often becoming a source of disputes with the Pension Fund, the Social Insurance Fund, the employment authorities. Everyone knows about such conflicts, but a few workbooks accepted by the employer are engaged in a few. Although the positive trend has already been outlined - this year the audit of labor books in our institute was one of the most sought-after activities. Own or with the help of a third-party organization, kadrovikov must be attached to this work now: check out the samples of the forms of labor books, filling the title sheets and registration of records made at all places of work of the employee. From how correct these records are, the calculation of the insurance experience depends upon payment of the period of temporary disability.

Unfortunately, the format of this article does not allow detail to dwell on all matters - we can discuss them at conferences, seminars or by e-mail. You can check whether with all regulatory legal acts adopted in 2011, you have familiarized yourself. To do this, you can get on our website a complete list of adopted acts and monitrately monitor which changes in the current labor legislation will appear in 2012.

V. Mitrofanova

CEO

Institute of Professional Kadrovika

1. Social sphere

1.1. Resolution of the Constitutional Court of the Russian Federation "In the case of the verification of the constitutionality of part of the fourth Article 261 of the Labor Code of the Russian Federation in connection with the complaint of a citizen A.E. Ostayva "No. 28-P dated December 15, 2011. The subject of consideration of the Constitutional Court was the situation of part of the fourth article 261 of the Labor Code of the Russian Federation, in accordance with which the guarantee in the form of a ban on the termination of the employment contract on the initiative of the employer (with the exception of dismissal in connection with the liquidation of the organization , the termination of the activities of the individual entrepreneur or the committing an employee of the guilty actions) is provided (1) to women with children under three years old, and (2) to other people who raising children of the same age without a mother. The Constitutional Court indicated that the contested norms provide the guarantee of a working woman only on the basis of the fact that she has a child under 3 years old (i.e., regardless of its marital status, joint or separate accommodation with his father, the presence or lack of income in the family etc.). As for the father of such a child, the ban on the specified dismissal applies to it only if he is engaged in raising a child without a mother. Accordingly, the norms of the Labor Code of the Russian Federation allowed to dismiss the father of the child under the age of three years at the initiative of the employer, in particular, to reduce the number or staff of employees, even if the father was the only breadwinner in a large family, and the mother due to the need to carry out children care did not work. The Constitutional Court indicated that the provision of a guarantee enshrined in part of the fourth article 261 of the Labor Code of the Russian Federation could not be addicted exclusively on who - mother or father - works (lies in labor relations), and who carries out child care, since Differentiation, based only on the specified criteria and not taking into account all the circumstances, the obligation to fulfill the parents for the maintenance and education of children should be properly given - in violation of the constitutional principles of equality and justice - to the differences in the situation of families raising and reasonable excuses. juvenile children. Thus, the position of the fourth part of Article 261 of the Labor Code of the Russian Federation was recognized as not relevant to the Constitution of the Russian Federation, to the extent that it prohibiting the dismissal on the initiative of the employer of women with children under three years old, and other people raising children of the specified Age without mother, eliminates the opportunity to use this guarantee Father, which is the only breadwinner in a large family, raising young children, including a child under three years, where the mother in labor relations does not consist and is engaged in care of children.

1.2. Federal Law "On Amendments to Article 17 and 22 of the Federal Law" On Compulsory Social Insurance against Accidents on Industry and Professional Diseases "No. 300-FZ dated November 6, 2011

It is specified that the size of the discount or surcharge to the insurance rate is calculated following the results of the work of the insured for 3 years, and when calculating, including the results of certification of jobs and mandatory medical examinations are taken into account. The discount to the insurance rate is not established if an insured event has come. The obligation of the insured to report to the social insurance fund information about the results of job certification under the conditions of labor and the required medical examinations (the rules for the provision of these information should be approved in the manner prescribed by the Government of the Russian Federation).

1.3. Changing the procedure for calculating the allowance for temporary disability, pregnancy and childbirth and a monthly child care allowance. From January 1, 2011, the Federal Law "On Amendments to the Federal Law" On Compulsory Social Insurance in case of temporary disability and due to motherhood "No. 343-ФЗ dated December 8, 2010, a new procedure for calculating pregnancy benefits and childbirth was introduced and For child care to one and a half years. According to him, the estimated period for determining the average daytime earnings increases to 2 calendar years preceding the occurrence of the insured event. Middle day earnings are defined as the amount of earnings for 2 years, divided by 730 (days). In accordance with the same procedure, the estimated period was 12 calendar months, and the average day earnings were determined as the amount of earnings for 12 calendar months preceding maternity leave and / or childcare leave up to one and a half years, divided by the number of actually spent days. According to the amendments made by the Federal Law "On Amendments to Article 14 of the Federal Law" On Compulsory Social Insurance in case of temporary disability and in connection with Maternity "and Article 2 and 3 of the Federal Law" On Amendments to the Federal Law "On Compulsory Social Insurance on The case of temporary disability and due to motherhood "No. 21-FZ of February 25, 2011, the Insured persons were given the right to choose the most profitable option.

calculation of relevant benefits. So, if the child's vacation or child care comes from January 1, 2011 to December 31, 2012, according to the insured person, the corresponding manual is assigned, is calculated and paid in accordance with the previous order.

Since 2013, a new procedure for calculating maternity benefits is changing and child care to one and a half years. The amount of accrued earnings will be divided not at 730 days, but by number of days in 2 calendar years preceding the onset of the insured event, with the exception of certain periods (temporary disability, maternity leave, child care, additional paid weekend for care child-disabled child; release from work with full or partial salary preservation).

On March 1, 2011, a resolution of the Government of the Russian Federation "On Amendments to the Regulation on the Features of the procedure for calculating temporary disability benefits, for pregnancy and childbirth, a monthly allowance for child care to citizens to be obligatory social insurance in case of temporary disability and in connection with Maternity "No. 120. Changes are associated with amendments to the Federal Law" On Compulsory Social Insurance in case of temporary disability and due to maternity ", described above. The new edition of the relevant standards of the Regulation repeats the rule of the law that the benefits are calculated on the basis of the average earnings for 2 years preceding the onset of temporary disability, maternity leave, child care, including during the service (service, other activities ) from other policyholders, or in a different period (in cases). At the same time, if in 2 calendar years (or in one of the years), directly preceding the onset of temporary disability, maternity leave, child care leave, the insured person was on maternity leave and (or) On parental care, the corresponding calendar years (calendar year), according to such a person, may be replaced in order to calculate the average earnings of previous calendar years (calendar year), provided that this will lead to an increase in the amount of the benefit. The situation also establishes that (1) if the insured person in the above periods did not have earnings, as well as (2) in case the average earnings per full calendar month below the minimum wage size, then the average earnings based on which is calculated The benefits are made equal to the minimum wage (on the day of the occurrence of the insured event).

2. Migration legislation

ratification of the Agreement on the legal status of migrant workers and their families "No. 186-ФЗ. The parties to the Agreement are the governments of Russia, Belarus and Kazakhstan. The ratified agreement determines the rights and obligations of workers - migrants and their families, the procedure for working work activities, establishes social guarantees for these persons. In particular, the Agreement provides that migrant workers are not required to obtain permission to work on labor activity, and also that employers can involve them to work without taking into account restrictions on the protection of the national labor market. Persons and their family members are exempt from registration at the place of stay within 30 days from the date of entry into the state of employment, and their time stay is determined by the period during which the employment contract is valid. At the same time, if the latter is terminated early by expiration of 90 days from the date of entry, then the migrant is entitled to conclude a new contract within 15 days, including with another employer.

2.2 Significant changes occurred in the rules of migration accounting of foreign citizens and stateless persons (further referred to as "foreign citizens"). From February 15, 2011, the Federal Law "On Amendments to Separate Legislative Acts of the Russian Federation" No. 385-FZ of December 23, 2010 entered into force, which highly qualified specialists and members of their families were given the opportunity not to register at the place of stay within 90 Days from the moment of entry into the territory of the Russian Federation, and they also do not need to notify the migration service when changing the place of stay for a period of not more than 30 days. It is necessary to register only after the expiration of these periods within 3 business days (in accordance with later changes, within 7 business days). The procedure for the withdrawal of a foreign citizen, from accounting at the place of stay, in particular, was replaced by the federal law on the place of stay, in particular, the obligation of the receiving parties at the disposal of such a person to submit a tear-off part of the form of an arrival notification to the migration service. In accordance with the new Rules, a foreign citizen is removed from migration accounting after receiving information on the registration of it on a new place of stay from the territorial body of the FMS of Russia, or when receiving information about its departure from Russia from border bodies.

2.3 by the Federal Law "On Amendments to the Federal Law" On Migration Accounting Foreign Citizens and Affairs of Certificate in the Russian Federation "and individual legislative acts of the Russian Federation" No. 42-FZ of March 20, 2011, from 3 to 7 working days, the term was increased During which the foreign citizen is temporarily residing in Russia is obliged to register at the place of stay. Similarly, the deadline for submission to the migration authority is notified of the arrival of the specified person in the place of stay.

3. The new form of disability sheet and the rules for filling the orders of the Ministry of Health and Social Development of the Russian Federation "On approval of the form of a form of disability sheet" No. 347n dated April 26, 2011 and "On approval of the procedure for issuing disability leaves" No. 624n on June 29, 2011 Approved the form of a new form of disability and the order of its fill. So, part of the data in a new disability sheet should be presented in the form of codes (for example, the cause of disability, types of mode disorders, etc.). Unlike the old sheet of disability, a lot of technical requirements are presented to filling the new form (filling the sheet within the cells with printed letters or using printing devices, ink defined color, etc.). In a new form of disability, new fields appeared (for example, TIN and SNILS employee). If there is a list of errors made by a medical organization in a sheet of disability, such a sheet of disability is considered corrupted and instead of it is issued new.

4. The minimum wage amount by the Federal Law "On Amendments to Article 1 of the Federal Law" On the Minimum Wage "No. 106-ФЗ dated June 1, 2011. The minimum wage in the territory of the Russian Federation is established in the amount of 4,611 rubles (with June 1, 2011). "Agreement on minimum wages in Moscow for 2012 between the Government of Moscow, Moscow associations of trade unions and the Moscow unions of employers" of November 30, 2011 provides for a phased increase in the minimum wage in Moscow - up to 11,300 rubles from January 1, 2012 G. and up to 11,700 rubles from July 1, 2012

5. New Moscow tripartite agreement for 2012

The Moscow Trilateral Agreement for 2012 between the Government of Moscow, the Moscow associations of trade unions and the Moscow associations of employers provides for a decrease in the level of unemployment, which should not exceed 1% of the economically active population of the city. In accordance with the agreement, it is planned to optimize the attraction of foreign workers, taking into account the development of the city's economy and productivity growth, while the share of foreign workers in the population is planned to maintain at a level not exceeding 3.2%. The parties undertake to prevent delays in the payment of wages to employees, as well as ensure the accrual and payment of compensation for delay in the payment of wages, and this compensation should be established in the amount not lower than one two hundred refinancing rates.

6. Changes in the Labor Code of the Russian Federation

6.1 by the Federal Law "On Amendments to the Labor Code of the Russian Federation" No. 353-ФЗ dated November 30, 2011, the features of labor regulation of persons employed on underground work were enshrined. Under the workers engaged in underground work, employees directly carrying out mineral miners underground, as well as workers engaged in the construction, exploitation of underground structures and rescue work in them (except for underground structures under the open way), The exception of workers employed in the operation of the underground. The work accepted on these works should meet the qualification requirements of the relevant reference books approved in the manner established by the Government of the Russian Federation. A prerequisite for admission to work is the lack of medical contraindications, respectively, when admission to work, a medical examination is carried out (survey). Busy on underground work is obliged to undergo medical examinations at the beginning, as well as during and (or) at the end of the working day (shift). Inspections at the beginning of the working day (shift) are necessarily carried out for all employees, and during and (or) at the end of the working day (shift) - if necessary. The purpose of inspections during and (or) end of the working day (shift) is the diagnosis and prevention of occupational diseases, as well as identifying the possible state of alcoholic, narcotic or other toxic intoxication in workers engaged in the works on the explosion hazardous objects. For violation of the established rules, the employer has the right to remove the employee from work.

6.2 Federal Law "On Amendments to the Labor Code of the Russian Federation in terms of improving the procedure for reviewing and resolving collective labor disputes" No. 334-FZ of November 22, 2011, amendments were amended to the provisions of the Labor Code, regulating consideration and resolution of collective labor disputes. These amendments do not carry fundamental changes, but more in more detail regulate the conduct of individual conciliation procedures, and also establish more favorable procedures for workers. In particular, the employer is obliged to report on the decision on the results of consideration of the requirements of workers within two working days from the date of their receipt (previously - within three working days); The term of consideration of a collective labor dispute with the participation of an intermediary is now at the local level of social partnership to three working days, and at other levels of social partnership - up to five working days (formerly the specified period was up to seven working days from the day of the intermediary invitation). Among other things, significant25.1 The attention of the legislator is given to the provisions of the Law on Labor Arbitration, as well as negotiations in the evasion of one of the parties from participation in the conciliation procedures.

changes to establish

From January 1, 2012, a new edition of paragraph 3 of Art was entered into force. 217 of the Tax Code of the Russian Federation (the changes are made by Federal Law of 21.11.2011 N 330-FZ), in accordance with which the compensation payments established by the legislation of the Russian Federation associated with the dismissal of workers, in the form of an existence, an average monthly earnings for the period of employment, are exempt. Compensation to the head, Deputy Head and Chief Accountant of the Organization in a section not exceeding the total 3-fold amount of the average monthly earnings or a 6-fold amount of the average monthly earnings for workers dismissed from organizations located in the areas of the Far North and equivalent locations.

As for the output benefit paid at the dismissal of an employee by agreement of the parties until January 1, 2012, it is subject to the inclusion of personal income tax in the prescribed manner.

1. Gauret, benefits, compensation

The rules were adopted that determine the procedure for payment of monetary content to employees of the Internal Affairs of the Russian Federation, seconded in accordance with the legislation of the Russian Federation to organizations (the procedure for providing material assistance to employees of the internal affairs bodies, approved by the order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1260). Employees are paid:

1. monthly salary in accordance with the proposed post and monthly salary in accordance with the special rank assigned;
2. monthly allowance for the salary of the monetary content for the service experience (long service);
3. monthly surcharge to the official salary for the qualification title;
4. monthly allowance for official salary for special conditions of service;
5. monthly surcharge to the official salary for working with information constituting the state secret;
6. premiums for conscientious performance of official duties;
7. incentive payments for special achievements in the service;
8. support to the official salary for performing the tasks associated with increased hazard and health in peacetime;
9. the coefficients (district, service in highland areas, for the service in desert and anhydrous localities) and interest rate percentages provided for by the legislation of the Russian Federation.

The size of official salaries are established by the heads of organizations to which employees are seconded, in coordination with the Ministry of Internal Affairs of Russia.

The rules for payment of monetary compensation for the use of personal transport for official purposes to employees of the internal affairs bodies of the Russian Federation were approved.

Letter of the Federal Tax Service of Russia of 14.02.2012 N DF-3-3 / [Email Protected] "On taxation of NDFL compensation payments, the equivalent value of milk" is explained that the compensation payment paid in the amount equivalent to the cost of milk or other equivalent foods in accordance with the current legislation to employees engaged in works with harmful working conditions, on the basis of paragraph 3 of Art . 217 of the Tax Code of the Russian Federation is not subject to NDFL.

2.Social insurance

In art. 7 of the Federal Law of July 24, 2009 No. 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Territorial Mandatory Medical Insurance Funds" (hereinafter - the Law N 212-FZ) a number of clarifications were made, concerning the features of determining the object of taxing by insurance premiums on payments and other remuneration received by individuals in the framework of civil-legal contracts, which, taking into account Part 3 of Art. 9 of the Law N 212-FZ does not affect the issues of taxing by insurance premiums on compulsory social insurance in case of temporary disability and due to maternity.

Due to the amendments made in Art. 46 of the law N 212-FZ, a penalty for failure to submit a payer of insurance premiums to the calculation period established by law on the accrued and paid insurance premiums of the form 4-FSS (hereinafter - the calculation) is 5% of the amount of insurance premiums accrued to payment over the past three months of the reporting ( The estimated) period, for each full or incomplete month from the day established for its presentation, but not more than 30% of the specified amount and at least 1000 rubles.

The penalty for failure to submit the payer of insurance premiums in the calculation period established by law in these sizes is applied to offenses committed after January 1, 2012

Part 2 of Art. 46 of the Law N 212-FZ introduced the responsibility of the insurers for non-compliance with the procedure for presenting the calculation in electronic form in cases provided by law N 212-FZ, in the form of a fine of 200 rubles.

In addition, it was liable for violation of the term of submission by the payer of insurance premiums of information on opening and closing an account in a bank in the form of a fine of 5,000 rubles. (Art. 46.1 of the Law N 212-FZ). Until January 1, 2012, payers of insurance premiums could be attracted only to administrative responsibility for the failure of the indicated information (part 1 of Article 15.33 of the Code of Administrative Offenses).

3. Required provision

Individuals (individual entrepreneurs, lawyers, notaries engaged in private practice), independently paying insurance premiums in the amount, determined on the basis of the cost of the insurance year, previously represented once a year, but no later than March 1, individual information, from January 1, 2012 G. They are not represented.

The rules for calculating the average monthly wages were approved, based on which the amount of monthly surcharges to the retirement of citizens of the Russian Federation, which we replaced the office of the Executive Committee of the Union of Belarus and Russia and in the secretariat of the Parliamentary Assembly of the Union of Belarus and Russia.

The indexing coefficient has been adopted from February 1, 2012. The size of the insured part of the old-age labor pension and the size of a labor pension and labor pension on the occasion of the loss of the breadwinner in the amount of 1.07.

Elena Rosanova,director of the Department of Human Resources Department of Baltic Maltovny Company

In 2012, several federal laws made changes to the main document regulating labor relations, the Labor Code of the Russian Federation. These changes touched upon labor relations with athletes, pedagogical workers, as well as in general employers in their responsibilities of a written notice of employees about the components of wages (content of the calculated leaf). In addition, innovations for Russians touched on non-working holidays.

An important point was the change in the last period concerning guarantees when terminating the employment contract for individuals with family responsibilities that previously concerned exceptionally women (in detail in the "Labor Relations" section).

Important and long-awaited shifts affected the areas of labor protection, namely, the procedure for providing benefits and guarantees related to harmful (severe) working conditions. More about changes - in the section "Labor protection".

For a long time, the legislation was observed a contradiction between simultaneously existing laws - the Decree of the Government of the Russian Federation of 20.11.2008 No. 870 and the "promissory list, workshops, professions and posts with harmful working conditions, the work in which it gives the right to additional vacation and a shorter working day" , approved by the Decree of the State Protection Protection of the USSR, the Presidium of the WCSPS from 10/25/1974 No. 298 / P-22, as well as "Instructions on the procedure for applying a list ...", approved by the decision of the USSR State Protection District, Central Bank Institute of 21.11.1975 No. 273 / P-20. This contradiction led to ambiguous judicial practice in the event of disagreements between employees and employers in terms of the volume and procedure for providing benefits and compensation.

Now, when official explanations were finally received on the procedure for the application of these legislation acting simultaneously, employers should be easier to navigate on the establishment of specific benefits and compensation to employees engaged in harmful (heavy) working conditions. However, until the end, the question was still not worked out, for the period from 2008 to the present, it was still not realized by paragraph 2 of Resolutions No. 870. The Ministry of Labor and Social Protection of the Russian Federation so far and did not establish depending on the class of working conditions concrete in The ratio of the reduced duration of working time, the minimum duration of the annual additional paid leave, the minimum increase in wage, as well as the conditions for providing these compensations. It remains to hope that in 2013 these changes will occur.

So, about changes for the last quarter of the outgoing year and preparing changes in 2013.

LABOR RELATIONS

11/24/2012 federal law entered into force No. 188-FZ dated November 12, 2012 "On Amendments to Article 261 of the Labor Code of the Russian Federation".

The name of Article 261 of the Labor Code of the Russian Federation has been changed, it is set out in a new edition as "guarantees of a pregnant woman and persons with family duties when terminating the employment contract", and part of the fourth is set out as follows:

"Termination of an employment contract with a woman who has a child under three years old, with a lonely mother, raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising the specified children without mother, with the parent (other legal representative of the child), which is the only breadwinner of a disabled child under eighteen years or the only breadwinner of the child under three years in a family, raising three and more juvenile children, if another parent (other legal representative) is not Labor relations, on the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for by paragraphs. 1, 5-8, 10 or 11. 1, Article 81 or paragraph 2 of Art. 336 of this Code). "

12.11.2012 Adopted Federal Law No. 185-FZ "On Amendments to Article 13.1 of the Federal Law" On the Legal State of Foreign Citizens in the Russian Federation ", establishing that the obligatory requirement for obtaining a work permit by foreign citizens who arrived in the Russian Federation in The order not requiring a visa is confirmation of Russian language.

Knowledge of the Russian language will have to confirm foreign citizens, planning to carry out labor activities in the field of retail, domestic service and housing and communal services.

Failure to submit by a foreign citizen of documents confirming the ownership of the Russian language will be the basis for refusing to accept the application for issuing permission to work it.

The law enters into force on December 1, 2012 and is valid for persons entering into new employment contracts.

The required level of ownership of the Russian language must be confirmed by one of the following documents:

A certificate of passing state testing in Russian as a foreign language;

A document on education (at the level not lower than the basic general education), if this document has an entry on the study of the Russian language issued in the territory of a foreign state and recognized in the territory of the Russian Federation, with a notarized translation of this document into Russian;

A document of the state sample on education (at the level not lower than the basic general education) issued by the educational institution in the territory of the state that was part of the USSR before September 1, 1991, as well as a issued educational institution in the Russian Federation from September 1, 1991.

Confirmation of the Russian language is not required for citizens of foreign states, in which Russian language is state (Kazakhstan, Kyrgyzstan, etc.).

Out of Decree of the Government of the Russian Federation of October 15, 2012 No. 1048 "On the transfer of the weekend in 2013".

In 2013, the Russians will rest 10 days in the New Year holidays, 5 days - in the holiday of spring and labor and 4 days - for the Victory Day.

The following weekends are transferred:

Thus, the winter recreation period will be 10 days - from December 30, 2012 to January 8, 2013 (taking into account the transfer of the weekend in 2012). In May 2013, a five-day rest period is envisaged, which coincides with the celebration of the Spring and Labor holiday, and a four-day recreation period, which coincides with the celebration of Victory Day.

In accordance with Art. 112 TK RF Government of the Russian Federation has the right to transfer the weekend for other days in order to rational use by workers weekends and non-working holidays.

12/15/2012 The Federal Law of 12/03/2012 No. 234-FZ "On Amendments to Article 26.3 of the Federal Law" On the General Principles of Legislative Organization (representative) and executive bodies of state authorities of the Russian Federation "and the Labor Code of the Russian Federation" .

This law refined the procedure for the conclusion and content of agreements between representatives of workers and employers.

The content of agreements is regulated in more detail. The provisions of the Agreement regulating labor should include issues of establishing the size of minimum tariff rates, salaries (salary officials), the establishment of the salary size ratio and the size of its conditionally constant part, as well as the definition of composite parts of wages included in its conditionally constant part, establishing The procedure for ensuring an increase in the level of real wage content.

In addition to issues of wage, conditions and labor protection, labor and recreation, the development of social partnership, the inclusion in the agreement was prescribed by the Labor Code of the Russian Federation and earlier, the Agreement will also need to include issues of guarantees, compensation and benefits to employees, employment issues, The conditions for the release of workers, improve the skills of employees, including in order to modernize production. Under the development of social partnership should now be understood including the participation of workers in the management of the organization.

The powers of state and local regions for registration in the notification procedure of collective agreements and agreements are established.

Also 15.12. In 2012, the Federal Law of 12/03/2012 No. 236-FZ "On Amendments to the Labor Code of the Russian Federation and Article 1 of the Federal Law" On Technical Regulation "came into force.

In the Labor Code of the Russian Federation, the concepts of "employee qualification" and "Professional Standard" appeared.

The employee's qualifications are the level of knowledge, skills, skills and experience of the employee necessary for their professional activities.

Professional Standard is the requirements for employee qualifications in order to implement his professional activities.

It is provided that the procedure for the development, approval and application of professional standards, as well as the establishment of identity names of posts, professions and specialties contained in a single tariff-qualification directory of works and professions of workers, a unified qualification directory of managers, specialists and employees, names of posts, professions and The specialties contained in professional standards are established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Socio-Labor Relations.

OCCUPATIONAL SAFETY AND HEALTH

01.10.2012 The Ministry of Internal Affairs of Russia provided "clarifications on the procedure for providing employees engaged in work with harmful and (or) hazardous working conditions, abbreviated working hours, annual additional paid leave, increased wages, in accordance with paragraph 1 of the Government Decree of the Russian Federation of November 20, 2008 No. 870. "

The employer can independently, according to the results of certification of jobs under working conditions, to establish elevated or additional compensation for working in difficult work, work with harmful and (or) hazardous working conditions.

It is reported that before the implementation by the Ministry of Labor and Social Protection of the Russian Federation, the instructions specified in paragraph 2 of the Decisions of the Government of the Russian Federation of 20.11.2008 No. 870, the employer may independently, according to the results of certification of jobs under the working conditions, to establish increased or additional compensation for working on hard work, Works with harmful and (or) dangerous working conditions. The size of the provision of relevant compensation is established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer.

To establish an appropriate amount of compensation, the employer may use a list of works, shops, professions and positions with harmful working conditions, the work in which it gives the right to additional leave and a reduced working day, approved by the State Protection Provision of the USSR State Provision, Presidium of the WCSPS of 10/25/1974 No. 298 / 22, instructions on the procedure for applying the list of workshops, professions and posts with harmful working conditions, the work in which it gives the right to additional leave and a reduced working day, approved by the State Protection Protection Conduction of the USSR, Wedge of 21.11.1975 No. 273 / P-20, typical position On the assessment of working conditions in the workplace and the procedure for the application of sectoral listings of works, which can be established by the work of working for working conditions, approved by the decision of the USSR State District Committee, the WCSPS of 03.10.1986 No.N 387 / 22-78, and other existing regulatory legal acts establishing Relevant compensation sizes in a part not contrary to the Labor Code RF.

The Supreme Court of the Russian Federation issued Determination of 01.11.2012 No. Apple12-651.

The Appeals Board of the Supreme Court of the Russian Federation has canceled the definition of the invalid legal acts of the USSR, which establishes the right to additional leave by workers engaged in hard work, work with harmful or hazardous working conditions.

The definition of the Supreme Court of the Russian Federation dated 04.04.2012 No. ACPI2-317 was discontinued in the case of recognition of the USSR State Protection, the Presidium of the WCSPS from 10/25/1974 No. 298 / P-22 "On approval of the list of industries, workshops, professions and posts with Harmful working conditions, working in which it gives the right to additional vacation and short-range working day, "and instructions on the procedure for applying the list of industries, shops, professions and positions with harmful working conditions, work in which it gives the right to additional leave and a short-range working day (RESOLUTION State Committee of the USSR and the Presidium of the WCSPS of 21.11.1975 No. 273 / P-20).

In this definition, it was stated that due to the change in the federal legislator to determine the procedure for establishing the minimum duration of the annual additional paid leave, the minimum size of improving remuneration to employees engaged in hard work, work with harmful or dangerous and other special working conditions, the above regulatory legal acts The former SSR Union, establishing the lists of the specified works, do not apply, since they contradict the Labor Code of the Russian Federation and are inactive.

The Appeals Board of the Supreme Court of the Russian Federation pointed out: when determining the definition, the court did not take into account that the change in the federal legislator procedure for establishing an annual additional paid vacation, as well as the abbreviated duration of working time to employees engaged in hard work, work with harmful or dangerous and other special working conditions, not Eliminates the application of the regulatory legal acts of the former SSR Union establishing lists of industries, workshops, professions and positions with harmful working conditions, since currently there is no other regulatory legal act that replaces these acts of the former SSR Union.

Prepare change

From January 1, 2013 comes into force Federal Law of December 6, 2011 No. 402-FZ "On Accounting". With regard to labor relations, changes are interested in the chief accountant of the organization.

The chief accountant is obliged (part 4 of Art. 7):

1) have a higher vocational education;

2) have an experience of work related to accounting, drawing up accounting (financial) reporting or with audit activities, at least three years from the last five calendar years (in the absence of higher vocational education in the specialties of accounting and auditing - at least five years from last seven calendar years);

3) Do not have a unmanned or outstanding criminal record for crimes in the field of economy.

The listed requirements are not applied to persons at which, as of the day of entry into force of Law No. 402-FZ, accounting records are entrusted (part 2 of Art. 30).

The State Duma adopted the Federal Law of 03.12.2012 No. 232-FZ "On Amendments to Article 1 of the Federal Law" On the Minimum Wage ", prepared by the Ministry of Labor.

According to the document, from January 1, 2013, the minimum wage will grow to 5205 rubles per month. Today, the minimum wage is 4,611 rubles, thus the increase will be almost 13%.

From January 1, 2013 by the Federal Law of 03.12.2012 No. 243-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on Mandatory Pension Insurance issues" a new system of facilities of insurance premiums for compulsory pension insurance.

Adopted law provides for:

the establishment of differentiated additional tariffs of insurance premiums to financing the insurance part of the labor pension depending on the type of work in which the insured persons (for example, for underground work, work with harmful working conditions, in hot shops in 2013 - 4 percent, 2014 - 6 Interest, starting in 2015 - 9 percent; on work with increased intensity and severity, giving the right to the appointment of early pension, in 2013 - 2 percent, in 2014 - 4 percent, from 2015 - 6 percent);

the introduction of a fixed tariff of insurance premiums for compulsory insurance and insurance for self-employed persons as a percentage of minimum wage.