Russia: New rules for employment audits
Scope of checks
From 2018 the scope of the planned employment audits to be conducted by the Russian State Labour Authority (the “Authority”) will be limited by standard checklists drafted by the Authority. The checklists have been published on the Authority’s website and are intended for preparation and self-monitoring.
Currently, the checklists include 107 files addressing various topics, ranging from the conclusion of employment contracts to aspects of work safety. Some checklists are applicable to certain business sectors only.
The checklists will start to be used according to each employer’s risk category: from 1 January 2018 for companies in the moderate risk category and from 1 July 2018 for other companies.
The risk categories are calculated using a special formula containing various objective factors (like the rate of workplace accidents, injuries, level of staffing, etc.) which will result in a figure between 0.1 and 2.0. In total, there are five risk categories, from high to low.
In addition, the respective business sector is taken into account when determining the risk category. For example, mining – high risk, transportation – significant risk, agriculture and education – moderate risk.
Who decides on the classification?
The decision on classifying an individual company into a certain risk category is taken by the heads of the Authority: at a federal level for high risk companies, and at a local level in the relevant member of the Russian Federation for significant to moderate risk companies. This information will be made publicly available on the Authority’s website.
For instance, in Moscow the following companies are in the high risk category: RZD (Russian Railways), Gazprom, MGTS (Moscow city telephone company), Nestlé Russia, Unilever Rus and OTIS Lift. The significant risk category includes MTS, VTB24 and Aeroflot.
If your company is not included in the above risk categories, the company shall be deemed to be in the low risk category.
Frequency of the planned audits
The risk categories determine the time schedule of planned employment audits:
- high risk: once every two years;
- significant risk: once every three years;
- average risk: once every five years;
- moderate risk: once every six years;
- low risk: no planned audits will be conducted.
The time schedule of the planned employment audits will be published on the Authority’s website by 1 July of the calendar year prior to the audit.
(The amended regulation: decision of the Russian Government No. 875 dated 1 September 2012)