New reports from employers to the employment service from April 2020

What information to report to employment services

Law No. 1032-1 “On Employment” establishes that all legal entities and individual entrepreneurs are obliged to contribute to government policy to reduce unemployment and help socially vulnerable segments of the population find employment. Article 25 of the law stipulates what kind of reporting organizations will submit to the employment center in 2021. Employers must inform employment centers (ECCs):

• about vacant positions (monthly);
• about upcoming layoffs (organizations - 2 months in advance, individual entrepreneurs - 2 weeks in advance);
• on the number of working disabled people (monthly);
• on the introduction of a part-time working day or week (within 3 days). Please note: if, by agreement between the employee and the employer, a part-time working regime is established (Article 93 of the Labor Code of the Russian Federation), it is not required to notify the employment service authorities about this (for more details, see the letter of Rostrud dated May 17, 2011 No. 1329-6-1);
• about bankruptcy or liquidation of an organization (2 months in advance);
• about suspension of production (within 3 days).

New report to the employment center from October 1, 2021

Important! From October 1, 2021, employers submit a new report on their pre-retirement age employees to the employment center.

The request for a new report is related to the increase in the retirement age in the Russian Federation. In this way, the government of our country will be able to monitor those employees who will soon retire. Such monitoring is carried out by Rostrud, which determines to what extent, depending on the age of workers, their rights are respected.

Information about vacant jobs

According to paragraph 3 of Art. 25 of the Employment Law, information about the need for workers should be submitted to the employment center on a monthly basis. The concept of “vacancy” is absent in labor legislation. Here you should focus on judicial practice, which defines it as a position for which an open-ended employment contract is concluded with the applicant. Thus, the case when a company is looking for a person to replace an employee who is on vacation or temporarily transferred to another job is not considered a vacancy.

Information should be submitted in the form “Information on the need for workers and the availability of available jobs (vacant positions)”, which was approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 19, 2019 No. 90n (Appendix No. 10).

Please note: a single date for the transfer of information has not been approved, so you should focus on the numbers that are prescribed in regional legislation. In the Rostov region, a report is submitted to the Central Tax Office by the 5th day of each month (Decree of the Government of the Rostov Region dated September 25, 2014 No. 646), and for organizations of the Krasnodar Territory a deadline is provided no later than the 28th of the current month (Decree of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258).

Typically, regional authorities specify not only the deadline, but also the form of information about vacancies in the employment center, although most often it is standard and consists of two sections. The first contains information about the employer, the second contains the characteristics of the vacancy and requirements for applicants, namely:

• Job title;
• conditions and nature of work;
• salary amount;
• operating mode;
• qualification requirements;
• benefits and guarantees.

Sample of filling out a vacancy report

After information about the availability of available jobs and vacant positions reaches the Central Employment Center, it will be analyzed and available candidates will be offered. If the new employee successfully passes the interview and is hired, the company sends the applicant a referral to the Center indicating the date of hire. If employment is refused, then the reason for the refusal is indicated in the referral, and it is related to the candidate’s professional skills (Article 64 of the Labor Code of the Russian Federation).

Who submits a new report to the employment center

A new report to the employment center is submitted to the regional center. Data is provided for employees:

• for men – born in 1959;
• women – born in 1964.

That is, the report is presented about working citizens of pre-retirement age who, according to the law, should retire in 2021 (400-FZ). In this case, neither the form of ownership of the company nor the tax regime applied by it will matter. Accordingly, if the company does not have employees who fall under these requirements (men born in 1959 and women born in 1964), then it will not need to provide a report.

Important! Employers should remember that they bear criminal liability if they refuse to hire or dismiss an employee due to pre-retirement age. In this case, the Criminal Code of the Russian Federation provides for a fine of 200 thousand rubles, as well as correctional labor for 360 hours.

Information about personnel reduction

In accordance with paragraph 2 of Art. 25 of Law No. 1032-1, the organization is obliged to notify the Central Employment Center about staff reductions no later than two months, and in the case of mass layoffs - three months before the event. The form of the document is established in the appendices to the Decree of the Government of the Russian Federation dated 02/05/1993 No. 99. The form indicates the following information about each employee:

• FULL NAME.;
• education;
• profession or specialty;
• qualification;
• size and conditions of remuneration.

The criteria for mass dismissal are established by the same government decree. These include:

1. Liquidation of an enterprise employing 15 or more people.
2. Reduction of the number of employees:
   50 or more people within 30 calendar days;
3. 200 or more people within 60 calendar days;
4. 500 or more people within 90 calendar days.

At the same time, regional authorities have the right to establish additional criteria aimed at protecting workers. Such conditions are prescribed in industry, territorial or regional agreements.

New report form to the employment center from October 1, 2021

Each employment center develops its own report form. In addition, the report form is presented by Rostrud in letter 858-PR dated July 25, 2021. Regardless of which form the company fills out, it provides the following information:

• name of the company, its tax identification number and checkpoint;
• average number of employees;
• data on male and female employees born in 1959 and 1964. respectively.

No personal information is provided in this report. You will only need to indicate the number of employees of pre-retirement age working in the company, as well as the number of dismissed workers (including those who were dismissed at the initiative of the employer). If there are no such employees, then you need to submit a zero report (

Responsibility for failure to submit a report to the employment center

If a company does not submit a new report to the employment center, it will not face a fine. This report is not mandatory. In addition, it is not even required everywhere. But some employment centers in the regions may call employers and ask them to provide a report on their form.

By the way, after a survey of companies, every third employer agreed to submit this report. Perhaps in the future this report will become mandatory and it will be necessary to submit it either to the employment service or to statistical agencies. However, there are no plans to introduce liability for failure to submit this report.

The procedure for issuing a written notification to the employment service

There is no single unified form for use as a notification to the employment service. The organization has the right to develop its own form for these purposes and submit the necessary information on it.

At the legislative level, only the mandatory components and details that must be present in such a document are defined. Among them:

1. Title of the document (Information about laid-off employees).
2. Name, details of the organization (full name of the entrepreneur).
3. List of laid-off workers.
4. Grounds for the release of workers (reference to clause 2, part 1, article 81 of the Labor Code of the Russian Federation, order).
5. Dating of document execution.
6. Employer's signature.
7. Seal of the organization.

These components of the document should be taken into account when drawing up a free form of notification. The list of employees who will be laid off is presented in the form of a table. It must include complete information about each of them.

This is mandatory information that must be displayed in the notice. You can also include in the table: gender, age, category of citizens in need. Company letterhead is not used for registration. The completed document is signed by the employer.

When compiling the text part of the notification, you can use a standard sample as an example: the once valid form No. 1 - release.

Thus, the key task of the employer at this stage is to monitor the correctness of the notification and its timely submission to the employment service. Please note that incomplete information, failure to comply with submission deadlines, or complete inaction will be regarded as a violation.

In accordance with Art. 19.7 of the Code of Administrative Offenses of the Russian Federation, this will be followed by bringing violators to administrative responsibility. In such cases, a warning or financial sanctions follow. Legal entities are fined in the amount of 3,000 - 5,000 rubles, and persons responsible for the procedure - from 300 to 500 rubles.

Zero report to the employment center

Those companies that do not have employees near retirement age are wondering about the need to submit zero reporting. At the same time, some employment centers require you to submit even a zero answer, while others say that you do not need to submit a report. So what should an employer do: submit or not?

To get an answer to this question, you can call your employment center. For example, in the Moscow region, employment centers ask even those employers who do not and have never had pensioners of pre-retirement age to submit reports. However, in other regions, representatives of employment centers say that there is no need to submit a zero report. And those employers who employ or have previously employed men born in the 59th year and women born in the 64th year were sent notices of the need to submit reports. So notifications were sent to companies in Perm, Samara, Kaluga and Novosibirsk.

How to write a notification to the employment center about staff reduction

There is no legally approved form, so the notification can be written in free form, applying the principles of office work (letter of Rostrud dated September 26, 2021 No. TZ/5624-6-1).

What needs to be indicated in the document:

• Name of the organization and its details.
• To whom is the document addressed? Here indicate the full name of the head of the employment center of your area. This is optional information.
• Title of the document.
• Outgoing number. Under it, the notification is recorded in the outgoing correspondence log.
• Date of compilation.
• Link to the legislative act.
• The essence of the notification is a message about staff reduction and termination of employment contracts with a number of employees.
• List of employees whose employment contracts will be terminated. In this part you need to indicate the employee’s full name, education, gender, age, position, specialty, salary. The data can be presented in the form of a table.
• Appendix to the notification - details of the administrative document on staff reduction. Usually this is an order. A copy of the document will need to be sent with the notification.

At the end, the head of the company must sign.

Sample

Limited Liability Company "Hermes" 426009, Izhevsk, st. Pervomaiskaya, building 17, of. 19, tel. 8 (3412) 33-33-33, OKPO 21343212, INN 1831231234, KPP 7756783459, OGRN 1234127543216

To the head of the Pervomaisky department of the State Public Institution UR "Employment Center of the City of Izhevsk" Semenova Ekaterina Anatolyevna

Notification of reduction in the number (or staff) of the organization’s employees

ref. No. 234

"27" May 2021

In accordance with Part 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation” we notify you of the decision to dismiss workers to reduce the number (or staff) on the basis of clause 2, part 1, art. 81 of the Labor Code of the Russian Federation (order dated May 24, 2021 No. 23 in the amount of 2 units).

It is planned to terminate employment contracts on July 27, 2021 with the following employees:

Appendix: order dated May 24, 2021 No. 23 “On carrying out organizational and staffing activities” on 2 sheets.

General Director Suslov / A.V. Suslov