Features of hiring former municipal employees

ESSENCE OF THE QUESTION

Article 64.1 of the Labor Code of the Russian Federation obliges the employer to report within 10 days the conclusion of an employment contract with persons who were previously in the state or municipal service at their last place of work or service. However, this must be done if the position that the former civil servant filled is included in a special list, and two years have not passed since his dismissal.

A similar requirement is contained in clause 4 of Art. 12 of Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” (as amended on July 3, 2016; hereinafter referred to as Federal Law No. 273-FZ). At the same time, the requirements of the Labor Code of the Russian Federation are expanding: it is also necessary to notify about the conclusion of civil contracts if payments under them exceed 100,000 rubles. per month[1].

Please note that neither the term of the employment contract nor the amount of monthly salary matters in this case[2]. It is not even specified whether we are talking about the main job or part-time work. Formally, even if an organization hires such an employee for one hour a month with a payment of 1000 rubles, it is necessary to report the fact of concluding an employment contract. In relation to civil contracts, the minimum payment threshold applies. This looks a little strange.

The legislator, by establishing these requirements, essentially assigned the employer the control function over former employees. After all, these requirements duplicate the requirements for a former employee to obtain a work permit in the commission for compliance with the requirements for official conduct of state or municipal employees and the resolution of conflicts of interest1.

Nuances

There are a number of points that need to be taken into account when hiring an employee. So, a notification is sent if:

• a formal employment contract has been concluded;
• the salary at the new workplace exceeds 100 thousand rubles;
• employment is carried out within 2 years from the date of leaving government agencies. If the period is more than 2 years, then a notification is not required.

It is worth considering that a former civil servant can be hired by institutions with which he was in contact during the performance of his official duties, but this requires the permission of a special commission.

Its goal is to prevent corrupt practices. Another condition for acceptance into such an organization is the amount of salary; it should not exceed 100,000 rubles. If the amount is higher, the case will be reviewed with the help of a commission.

For a municipal employee

If a new employee previously held the position of a municipal employee, then the same rules apply to him as when hiring a civil servant. In such a situation, sending a notice to your former place of work is strictly necessary.

Part-time job

A person who holds a municipal or state position cannot be additionally employed. This rule prevents the possibility of abuse of power by a civil servant.

It is also worth considering that:

• At the legislative level, it is prohibited to receive profit from other sources;
• people in the civil service or equivalent cannot go to work part-time in another organization;
• all citizens holding government positions are required to provide complete information about income and sources of receipt. This information is subject to careful verification to avoid concealment.

The managers who hired such a person may, at their own discretion, decide whether to send a notice. This requirement comes into force only if the hiring is carried out after dismissal from a previously held position.

Civil contract

The conclusion of a GPC agreement rather than an employment agreement does not relieve the manager of the obligation to send a notification.

However, with this type of contract, a notification is sent only if certain conditions are met:

In such situations, sending a notification is strictly required. In other cases, sending a notification to the previous manager is not required.

Every employer is required to carefully monitor the people who will be hired by his organization. Especially if the candidate is a former civil servant.

In such a situation, when concluding a formal contract, it is necessary to send a notice to the previous place of work. If the norms established at the legislative level are not observed, the manager will be held accountable.

WHO ARE WE NOTIFYING ABOUT?

Not all former employees need to be monitored. For a person to be included in this special category, two factors must coincide1:

1. Certain functions of state, municipal (administrative) management of your organization were included in the official (official) responsibilities of the hired former state or municipal employee.

2. A state or municipal service position is included in the list established by regulatory legal acts of the Russian Federation.

However, in practice, the presence of the first factor is ignored. For example, the Russian Ministry of Labor in its clarifications[3] mentions the presence of both factors, but believes that the inclusion of a position in the approved list automatically means that the person had the authority to carry out “certain functions of managing the organization.”

Accordingly, it is better for an organization to be guided by a clear criterion: if there is a position on the list, we inform you; if not, you can remain silent.

List of positions

The list of positions subject to restrictions was approved by Decree of the President of the Russian Federation dated July 21, 2010 No. 925 “On measures to implement certain provisions of the Federal Law “On Combating Corruption.” Moreover, this was done by referring to another type of lists. We are talking about federal civil service positions included in sections I, II and III of the list of federal civil service positions, upon appointment to which citizens and upon replacement of which federal civil servants are required to provide information about their income, property and property-related obligations.

These lists, in turn, were approved by Decree of the President of the Russian Federation dated May 18, 2009 No. 557 (as amended on January 25, 2017). In particular, they include such positions as investigator of the Investigative Committee of the Russian Federation, prosecutors of the constituent entities of the Russian Federation and other specialized prosecutor's offices, etc.

However, there is a nuance here too. It is already visible from the title of section III of the list: “Other positions in the federal public service, the replacement of which is associated with corruption risks.” The job titles are defined there very conditionally. This section includes all positions of civil, military and public service, the performance of official duties for which involves, for example, the functions of a government representative or the implementation of control and supervisory activities. This also includes all positions involving the management of state property or the storage and distribution of material and technical resources.

For example, the employment of a former 3rd class operational driver with the rank of warrant officer in the Federal Drug Control Service of Russia in the Vladimir Region as an installer of cable and optical networks resulted in lengthy litigation for the organization (Resolution of the Supreme Court of the Russian Federation dated December 13, 2016 No. 86-AD16-4).

Therefore, when hiring a former employee, it is better for an organization to overdo it a little rather than to fall under sanctions.

Positions subject to regulations

Not all civil servants have access to state secrets. Consequently, restrictions do not apply to all applicants. The list of civil servants is specified in Presidential Decree No. 557 dated May 18, 2009. Let's look at it:

• Leadership representing the executive branch.
• Military leadership.
• Administrative and economic workers.
• Employees engaged in organizational, administrative and control work.
• Managers of budget funds.
• Property managers.
• Persons involved in issuing a license.
• Distributors of technical objects.

All these government employees must comply with the established restrictions.

Special position of civil servants

As already mentioned, special rights and obligations for former employees of public authorities and municipal employees are provided for by law for two main reasons - these are:

1. Suppression of corrupt activities and possible abuses of power or connections in government agencies.
2. Suppression of attempts to disclose state secrets or official information for the purpose of obtaining commercial or personal gain.

WHO DOESN'T NEED TO BE WARNED?

As has been repeatedly noted by the courts[4], restrictions aimed at compliance with special rules for the employment of former civil servants were adopted in order to implement the recommendations of the United Nations Convention against Corruption[5] (hereinafter referred to as the Convention).

According to sub. "e" clause 2 of Art. 12 of the Convention, in order to prevent the emergence of a conflict of public and private interests, the state has the right to impose restrictions for a reasonable period on the work of public officials in the private sector after their resignation or retirement, when such activity or work is directly related to the functions that such public officials persons performed during their tenure or over which they supervised.

An analysis of the norms of the Convention and the provisions of Russian legislation allows the judicial authorities to conclude that the employer (tenant) does not have the obligation to report the conclusion of an agreement with a former state (municipal) employee if the former employee carries out his official (labor) activities in state (municipal) body . For all other organizations such notification is mandatory.

Moreover, in practice, not only commercial organizations, but also state unitary enterprises are held accountable[6].

Procedure

When drawing up an employment contract, both parties must perform certain actions.

For employee

The employee is obliged to inform the employer that he previously held a position in government agencies and provide information about the nature of the work, since the work book usually only indicates work experience in a particular government agency.

The employee must provide information directly when signing the contract so that the employer can fulfill its obligations within the period established by law.

Information can be provided either orally or in writing. If for some reason there is no record of work in the labor record, then it is better to provide the information in writing.

WHEN, HOW AND WHOM DO WE NOTIFY?

The employer is required to send a notice within 10 days from the date of conclusion of the employment or civil contract[7].

The notification is sent to the last place of service in the manner prescribed by the Rules for notification by the employer of the conclusion of an employment or civil contract for the performance of work (provision of services) with a citizen who filled positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation[8].

The message is drawn up on the organization’s letterhead and signed by its director or other person who has signed the contract with the employee. If the organization has seals, the employer’s signature must be certified by the organization’s seal or the seal of the personnel service (examples 1, 2).

What to do if the new employee’s former place of employment is reorganized or liquidated? This often happens with state and municipal services.

The legislator has not proposed a solution for this case. The Russian Ministry of Labor, in an effort to fill the gap, issued appropriate clarifications (letter dated July 1, 2016 No. 18-2/B-421). According to the department, during the period of work of the liquidation commission, a notification is addressed to it and sent to the state body being abolished. If the liquidation is completed, a notification is sent to the successor authority.

What if the functions are distributed between different organs? The Russian Ministry of Labor believes that the notification should be sent to the state body to which the functions were transferred, the implementation of which was aimed at the performance of the civil servant's official duties. Unfortunately, this is not always easy to determine. In this case, we recommend sending several notifications, again based on the fact that it is better to overdo it a little than to pay an administrative fine later.

Notification for part-time employment

The obligation to notify the employment of a former civil servant applies to both the main place of work and part-time work. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, part-time work is employment during free time from performing the main job with the same (internal) or with another employer (external part-time).

Part-time work is an independent place of employment. While working there, an employee may encounter a conflict of interest in the same way as in the case of his main place of work. Therefore, for part-time employment there are no exceptions to the general rules, and a notice of hiring a former civil servant must be sent.

The only exception is internal part-time work. Since it represents employment with the same employer, there is no need to re-notify. The relevant clarifications were given by the Supreme Court of the Russian Federation in the Resolution of the Plenum of November 28, 2021 No. 46 (clause 6).

The issue of notification when transferring an employee from one position to another in the same organization is resolved in a similar way. Since there is no change of employer, there is no need to send a second notice.

A notification about the part-time work of a former state or municipal employee is issued according to general rules without any special features. However, it is recommended to indicate that the employment was carried out part-time.

Contents of the notice

There is no single form for notification, but there are general requirements for its content.

The notice must include:

• Full Name;

• date, month, year and place of birth;

• a state or municipal service position filled by a citizen immediately before dismissal (indicated according to the information contained in the work book);

• name of the organization - full and abbreviated (if available). We recommend indicating such basic details as OGRN and TIN of the organization.

When concluding an employment contract, the following is additionally indicated:

• date and number of the order (instruction) on hiring;

• the date of conclusion of the employment contract and the period for which it was concluded (the start date of work is indicated, and if a fixed-term employment contract is concluded, its validity period);

• name of the position, as well as the structural unit of the organization (if any);

• official duties performed in the position held by the citizen (the main directions of the assigned work are indicated).

When concluding a civil contract, the following shall be indicated:

• date and number of the civil contract;

• term of the civil contract (dates for the start and end of the work (provision of services));

• the subject of a civil contract (with a brief description of the work (service) and its result);

• cost of work (services) under a civil contract.

Information provided to the employee's former employer

Within 10 days after concluding a contract with an employee, you must send a letter with information about employment. The list of information required to be submitted is contained in the Decree of the Government of the Russian Federation dated January 21. 2015 No. 29.

When concluding a GPC agreement, the following information is provided:

• Date, contract number.
• Work execution period.
• Subject of the agreement.
• Cost according to the contract.

An employer who has entered into a GPC agreement may not be aware of the presence of a civil servant in his work experience. When concluding a GPC, a work book is not provided. The employee must take the initiative to inform the employer. In the absence of information, the employer is released from liability.

WHAT IS THE THREATENING AND WHO IS RESPONSIBLE?

The employer is at risk

The liability for failure to notify a former official of his employment is quite strict.

In accordance with Art. 19.29 of the Code of the Russian Federation on Administrative Offences, engaging in labor activities or the provision of services under the terms of a civil contract a state or municipal employee filling a position included in the list established by regulatory legal acts, or a former state or municipal employee filling such a position, in violation of the requirements provided for by Federal Law No. 273-FZ, entails the imposition of an administrative fine:

• for citizens in the amount of 2000 to 4000 rubles;

• for officials - from 20,000 to 50,000 rubles;

• for legal entities - from 100,000 to 500,000 rubles.

Are you sure that the new employee was not a government employee?

In order for the employer to be considered notified of the employee’s previous service, the latter only needs to present his work record book[9].

That is, the employer can avoid administrative liability if he proves that the employee hid information about his former service from him. This can only be done if the work book was not submitted by the employee or there are no relevant entries in it.

At the same time, any HR employee knows very well that entries in the work book may not contain any information at all about the positions in which the former employee worked. In this case, the employer also has a chance to avoid liability.

If there are specific entries in the work book or there are none at all, you can invite the employee to draw up a receipt in free form stating that over the past two years he has not been in positions that imply special corruption control (example 3).

Which government employees may not be reported?

By the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 28, 2017. No. 46 “On some issues that arise when judges consider cases of bringing to administrative responsibility under Article 19.29 of the Code of the Russian Federation on Administrative Offenses” it is determined, in particular, that anti-corruption legislation, namely the requirements of Art. 12 of Law No. 273-FZ, the new employer of a former civil servant is obliged to fulfill it regardless of the amount of the monthly remuneration assigned to this civil servant.

If the position of a former civil servant at the time of concluding an employment contract with him is not in the list approved by Decree of the President of the Russian Federation of May 18, 2009 No. 557, then the message need not be sent.

When transferring an employee to another position or hiring him on an internal part-time basis within the same company, it is also not required to send a message to the place of the employee’s previous civil service.

When concluding a GPC agreement with a former civil servant, a message is sent to the place of his previous service only if the cost of work (services) exceeds 100,000 rubles.

Responsibility of a former civil servant

The former civil servant himself is obliged to both obtain a work permit from the state1 and inform the new employer about his previous place of service[10]. However, the legislator is surprisingly loyal to such an employee.

Failure to comply with the obligation to notify the employer (tenant) after dismissal from state or municipal service entails termination of the employment or civil contract for the performance of work (rendering services)[11].

The employment contract in this case is terminated according to clause 11, part 1, art. 77 of the Labor Code of the Russian Federation in connection with a violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work[12]. Since the rules were violated due to the fault of the employee, the employer is not obliged to offer him another job and pay severance pay.

In general, liability has not been established for an employee for violating the requirements for obtaining consent from the commission for compliance with the requirements for official conduct of state or municipal employees and the resolution of conflicts of interest. Problems may arise only when he tries to get a government job again if a violation is revealed[13].

The employee did not report his experience in public service

The applicant may be forgetful or deliberately fail to report government positions on his or her record. The employer should be more attentive to the entries in the work books of potential employees.

The procedure for admission to the civil service, its passage, as well as the dismissal of civil servants is regulated by the law of July 27, 2004 No. 79-FZ. Accordingly, if, as a basis for making an entry in gr. 4 of the work book contains a reference to this law, then this should attract the attention of the personnel officer. You need to check your records for the last two years.

In addition, the forgetfulness of a former civil servant will leave him without a job. Since violation of the requirements of Art. 12 of Law No. 273-FZ by a person holding government positions lead to the termination of the employment contract with him (paragraph 5, part 1, article 84 of the Labor Code of the Russian Federation). Dismissal in this case is carried out according to clause 11, part 1, art. 77 Labor Code of the Russian Federation. Moreover, upon dismissal on this basis, severance pay is not paid to him (Part 3 of Article 84 of the Labor Code of the Russian Federation).

What's next

After submitting the notification, a specially created anti-corruption personnel commission within the government agency will consider whether the civil servant can be employed in a new place without the risk of corruption. The commission, if necessary, reports the results of the information check to law enforcement agencies.

We hope you found this article helpful. The above materials are for informational purposes only and do not replace legal advice. Consult an attorney if you have any questions.

MY RIGHTS: HOW TO PROTECT YOUR RIGHTS

Labor legislation on the specifics of hiring a former state and municipal employee

Labor Law Standards:

• Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” (as amended on December 28, 2017);
• Decree of the President of the Russian Federation dated May 18, 2009 No. 557 “On approval of the list of positions in the federal civil service, when filling which federal civil servants are required to provide information on their income, property and property-related obligations, as well as information on income, property and property-related obligations their spouse and minor children” (as amended on September 28, 2017);
• Decree of the President of the Russian Federation dated July 21, 2010 No. 925 “On measures to implement certain provisions of the Federal Law “On Combating Corruption”;
• Decree of the Government of the Russian Federation dated January 21, 2015 No. 29 “On approval of the Rules for notification by an employer of the conclusion of an employment or civil contract for the performance of work (provision of services) with a citizen who has held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation” ( edition dated 08/09/2016);
• Article 84 “Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law” of the Labor Code of the Russian Federation (as amended on 02/05/2018).

Hiring a former state and municipal employee (civil servant) under an employment contract

Hiring a former state and municipal employee under an employment contract has its own characteristics. When applying for a new job, such an employee MUST provide the employer with information about his last place of employment.

This rule does not apply to all state and municipal employees, but only to those who meet two conditions:

• less than 2 years have passed since dismissal from service;
• the position of an employee is included in special lists.

Part 2 of Article 12 “Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment or civil contract” of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”

So, for federal government employees:

• the specified list of positions was approved by Decree of the President of the Russian Federation of May 18, 2009 No. 557.

For civil servants of the constituent entities of the Russian Federation and municipal employees:

• the corresponding lists are developed and approved by state authorities of the constituent entities of the Russian Federation or local governments.

This procedure follows from the provisions and paragraphs 1, 4 of Decree of the President of the Russian Federation of July 21, 2010 No. 925.

The relevant lists of state or municipal service positions can be found:

• on the official websites of federal or regional government bodies, as well as local governments in which the employee previously served;
• The employer can also obtain information about the inclusion of a particular position in the lists upon request from the federal or regional authorities or local governments in which the new employee previously served.

This is important because the employer must report the conclusion of an employment contract with such an employee at the last place of employment:

• The employer must send a notification, even if, after leaving the civil service, the employee managed to work in several companies.

Plenum of the Supreme Court of the Russian Federation in resolution dated November 28, 2021 No. 46.

Other rules apply if the employer enters into a civil contract with such an employee.

The employer must provide notice if three conditions are simultaneously met:

• less than 2 years have passed since the employee’s dismissal from service;
• the position of the former employee is included in special lists;
• the cost of services under a concluded civil contract is more than 100,000 rubles. per month.

Part 4 of Article 12 “Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment or civil contract” of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”

Finding a new job for a former state and municipal employee in state and municipal institutions

If a former employee got a job or entered into a service agreement with a state or municipal institution:

• then there is no need to report the conclusion of an employment contract with him or a contract for the provision of services with this institution,
• since the employment of a former employee in such institutions is not associated with corruption risks and cannot entail a conflict of public and private interests with the previous position held.

The procedure for sending an employer a message about concluding an employment or civil contract with a former state and municipal employee

Send a message about concluding an employment or civil contract with a former employee:

• the employer must within 10 calendar days;
• the period is counted from the day following the day of conclusion of the employment contract;
• if the last day of the deadline falls on a weekend or holiday, then the notification can be sent on the next working day;
• the message is compiled in any form, taking into account the requirements of the Rules , which were approved by Decree of the Government of the Russian Federation of January 21, 2015 No. 29.

In accordance with these Rules, the message must be:

• issued on the organization's letterhead;
• signed by the manager or other authorized employee with the right to sign employment contracts on the part of the employer;
• certified by the seal of the organization or personnel service, if the organization uses seals.

In the message itself you must indicate:

• last name, first name, patronymic of the employee, including previous data if they have changed;
• day, month, year and place of birth of the employee;
• the position that the employee filled immediately before dismissal from the state and municipal service, according to information from the work book;
• full and abbreviated name of the employing organization.

Depending on the type of contract concluded with the former employee (employment contract or civil contract), a number of other data must be indicated in the message.

When concluding an employment contract, it is necessary to reflect:

• date and number of the employment order;
• the date of conclusion of the employment contract and the period for which it was concluded, the start date of work, as well as the validity period of the contract;
• the name of the employee’s position in accordance with the staffing table, as well as the structural unit, if any;
• job responsibilities and main areas of assigned work.

When concluding a civil contract, you must indicate:

• date and number of the contract;
• the term of the contract, the start and end dates of work or provision of services;
• the subject of the contract with a brief description of the work or service, as well as its result;
• cost of work or services under the contract.

paragraphs 3–7 of the Rules approved by Decree of the Government of the Russian Federation of January 21, 2015 No. 29.

It is necessary to report the employment of former municipal and state employees, even if the employee’s new activity is not related to the official duties that he performed at his place of service. That is, the nature of the upcoming work does not matter; the very fact of concluding an employment or civil law contract with a former employee is important.

The basis for dismissal from service also does not in any way affect the obligation to notify if all other conditions are met.

If the department in which the former employee worked is liquidated:

• then the notice must be sent to the legal successor.

Responsibility of the employer for failure to notify about the hiring of a former state and municipal employee or about concluding a civil contract with him

Administrative liability is provided for failure to notify about the hiring of a former state and municipal employee or about concluding a civil law contract with him/

Part 5 of Article 12 “Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment or civil contract” of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”; Article 19.29 “Illegal recruitment to work or to perform work or provide services of a state or municipal employee or a former state or municipal employee” of the Code of the Russian Federation on Administrative Offenses (as amended and supplemented on May 14, 2018)

The following are held accountable for failure to notify a former civil servant of the employment:

• as a rule, the head of the organization as an official;
• another employee, for example a HR specialist, can be brought to justice only if the obligation to comply with anti-corruption legislation is expressly provided for in his employment contract or job description.

Liability under Article 19.29 of the Code of the Russian Federation on Administrative Offenses may occur:

• and in the event of late notification of the former employee's employment;
• however, the courts may impose a fine on the organization in an amount less than the minimum amount if the 10-day period is violated by only 1–2 days;
• however, officials cannot be given a fine less than the minimum amount.

Part 2.2 of Article 4.1 “General rules for imposing administrative punishment” of the Code of the Russian Federation on Administrative Offenses

The general statute of limitations for bringing to justice for violations regarding the notification of employment of former civil servants:

• is 6 years.

Part 1 of Article 4.5 “Limitation of bringing to administrative liability” of the Code of the Russian Federation on Administrative Offenses

If, when hiring, the employer did not know that the new employee was a former civil servant and did not send the notice on time:

• then the organization can be released from administrative liability;
• this situation is possible if the former civil servant did not provide a work book when applying for a job and did not report his status;
• in this case, the employer is not at fault for not sending a notice to the former civil servant’s last place of work.

In what form is a former state and municipal employee obliged to inform a new employer or customer under a civil law contract about his last place of service?

Such notification is possible in any form - both oral and written. There is no specific procedure prescribed at the legislative level by which a former state or municipal employee must inform a new employer or customer about his previous activities.

Parts 2–4 of Article 12 “Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment or civil contract” of Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption”

At the same time, notifying the employer is in the interests of the employee himself:

• if, when concluding an employment or civil law contract with an organization, a former employee does not provide information about his last place of service, then the contract with him is subject to termination;

Part 3 of Article 12 “Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment or civil contract” of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”

• in this case, it will be possible to terminate the employment contract on the basis of clause 11 of part 1 of Article 77 “General grounds for termination of an employment contract” of the Labor Code in connection with a violation of the rules for its conclusion established by law.

Article 84 “Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law” of the Labor Code

Is it necessary to notify a former state and municipal employee about hiring if he was fired due to layoffs or agreement of the parties?

If less than 2 years have passed since the dismissal and the employee’s position is included in special lists, then it is NECESSARY .

When hiring a former state and municipal employee, the employer must:

• report this at his last place of work if the necessary conditions for such notification are met;
• such rules, as already mentioned, are established in Part 4 of Article 12 of the Law of December 25, 2008 No. 273-FZ;
• at the same time, on what basis the state and municipal employee was dismissed from service (by layoff, by agreement, at his own request, etc.) does not matter (Article 64.1 of the Labor Code, Part 2 of Article 12 of the Law of December 25, 2008 No. 273-FZ).

Thus, the employer must report the hiring of a former state and municipal employee at his last place of work if the necessary conditions for such notification are met. It does not matter on what grounds he was dismissed from service.

Who to notify about the conclusion of an employment or civil law contract with a former state and municipal employee if the state body in which he worked was liquidated

When concluding an employment or civil law contract with a former state and municipal employee, the employer in a number of cases is obliged to report this at the last place of service (Part 4 of Article 12 of the Law of December 25, 2008 No. 273-FZ).

If the last place of duty is in the process of liquidation and the liquidation commission is still working:

• then notification of the conclusion of an agreement with a former employee can be sent to the abolished government agency at the location of the commission.

If the liquidation commission has completed its work:

• then the notification can be sent to the government agency that became the legal successor of the abolished one.

A situation is possible when the functions of a liquidated government agency are distributed among several legal successors:

• then the notification must be sent to the department to which the functions of the position that the former employee was filling were transferred.

Letter of the Ministry of Labor of Russia dated July 1, 2016 No. 18-2/B-421 “On concluding an employment or civil law contract with a former civil servant if the state body in which he held a position is abolished”

Is it necessary to notify the employer’s representative about hiring a civil servant if he will work part-time? Main place of work: civil service

It is NOT NECESSARY to notify the employer's representative about the hiring of a civil servant if he will work part-time and his main place of work is the civil service:

• a civil servant has the right to perform other paid work, unless this entails a conflict of interest;
• Moreover, part-time work does not require obtaining the consent of the employer’s representative at the main place of duty;
• In addition, the employer does not have the right to refuse a civil servant to work part-time.

However, the civil servant must notify the employer's representative at the main place of duty of his intention to work part-time.

paragraph 2 of Article 14 “Basic rights of a civil servant” of the Federal Law “On the State Civil Service of the Russian Federation” dated July 27, 2004 No. 79-FZ (as amended on December 28, 2017)

A unified form of notification of a civil servant’s intention to work part-time has not been approved, however, some government bodies have approved their own form of notification.

When hiring a former state or municipal employee, the employer must report this at his last place of work if:

• the necessary conditions for such notification are met (Part 4 of Article 12 of the Law of December 25, 2008 No. 273-FZ);
• however, this rule only applies if the employee has already been removed from service.

Thus, there is no need to inform the employer at the main place of duty about the employment of a part-time civil servant.

Is it necessary to notify a former civil servant about hiring if he will work part-time and his main place of work is not the civil service?

It is NECESSARY to notify a former civil servant about hiring a job if he will work part-time, and his main place of work is not the civil service, if:

• less than 2 years have passed since the dismissal and
• the position of an employee is included in special lists.

When hiring a former state or municipal employee, the employer must report this at his last place of work if:

• the necessary conditions for such notification are met (Part 4 of Article 12 of the Law of December 25, 2008 No. 273-FZ);
• Moreover, the fact that a former civil servant is hired on a part-time basis does not matter;
• The former civil servant must be reported at his last place of employment both in the case of employment at his main place of work and part-time.

Thus, the hiring of a former state or municipal employee for part-time work must be reported at his last place of service, if the necessary conditions for such notification are met.

Reception of a former state or municipal employee in agreement with a special commission

In some cases, a former state or municipal employee can work in a new organization on the basis of an employment or civil law contract only with the consent of a special commission.

This rule applies if:

• certain functions of public administration of the new organization were previously included in the official responsibilities of the former employee;
• less than two years have passed since dismissal from service;
• the position of the former employee is included in special lists;
• the cost of services under the contract is more than 100,000 rubles. – if we are talking about concluding a civil contract.

Part 1 of Article 12 of the Law of December 25, 2008 No. 273-FZ

The commission considers an appeal from a former employee to give the said consent:

• within 7 calendar days from the date of its receipt;
• the commission notifies the former employee and other interested parties of the decision made in writing in the form of a copy or extract from the protocol - within one working day and orally - within 3 working days.

Part 1.1 of Article 12 of the Law of December 25, 2008 No. 273-FZ

Currently, the procedure for the formation and activities of the special commission is:

• established for federal level employees in the Regulations, which were approved by Decree of the President of the Russian Federation of July 1, 2010 No. 821;
• the rules for the functioning of the relevant commissions for regional civil servants and employees of local self-government bodies are approved by regulations at the regional and local level (clause 8 of Decree of the President of the Russian Federation of July 1, 2010 No. 821).

For concluding an employment or civil law contract with a former state or municipal employee without the approval of a special commission, the employer may be held administratively liable.

Article 19.29 “Illegal attraction to work or to perform work or provide services of a state or municipal employee or a former state or municipal employee” of the Code of the Russian Federation on Administrative Offenses

At the same time, the legislation does not establish the obligation of a former employee to present the decision of the commission when hiring, and the commission in general is not obliged to forward its decision, in addition to the employee, to his potential employer.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

RECRUITMENT. EMPLOYMENT CONTRACT

Procedure for sending notice to the previous employer

The form of notification is not established by law. It may be possible to provide the notice orally, but it will be difficult to prove that the employer complied with the obligations. The best option for sending information is in writing. To send a notification you will need:

1. Use the company letterhead with the necessary details.
2. Confirm the information with the signature and seal of the company.
3. Send a letter to the organization of a state or municipal structure with a representative or by mail with guaranteed delivery.
4. Comply with the ten-day notice period.

The employer must have evidence that the notice was received by the addressee. When delivered by a representative, you must receive a receipt stamp. The postal item will need to be accompanied by a receipt confirmation.