Conceptproject federal law
Basic Provisions of the Concept of the Draft Federal Law
"On Documenting Relationships in the Sphere of Labor"
Define goals, objectives and principles for organizing documentation labor relations and other directly related relations in Russian Federation;
To be aimed at regulating the main issues of maintaining personnel records; creation, maintenance, systematization, storage personnel documentation(including ensuring the safety of information requiring protection and restricting access to it in accordance, in particular, with the Federal Law of 01.01.2001 "On Information, Information Technologies and Information Protection", the Federal Law of 01.01.2001 "On Personal Data") ;
Ensure the possibility of using personnel documentation to build an effective personnel management system and analyze trends in the movement of personnel in an organization (for an individual entrepreneur).
to the subject legal regulation law should be treated as a proper system personnel records, and documenting the main stages of the implementation of an individual labor relationship that arises between an employee and an employer on the basis of a concluded employment contract, as well as the organization of personnel records management.
The law is expected to apply to all employers, including employers - individuals who are not individual entrepreneurs. The law should regulate the procedure for working with all types of personnel documents (accounting, organizational, administrative, information and reference).
The purpose of the law should be to ensure the correct, timely and reliable accounting of personnel by each employer covered by this law, the establishment of rules in the field of documenting labor relations and maintaining personnel records, taking into account the specifics various kinds employers (legal entities, individual entrepreneurs, individuals non-individual entrepreneurs, small businesses, etc.).
The draft law should contain a definition of the main concepts used in the law, such as personnel records management, personnel service, personnel service structure, personnel records, personnel records object, forms of personnel records, the volume of workflow of personnel documents, confidentiality of personnel documents, access to personnel documents, etc. At the same time, some definitions (for example, the term “personnel documents”) already exist in the current legislation, which should be taken into account when developing the wording of the main concepts in the text of the draft law, taking into account the specifics of the subject of its legal regulation.
The draft law should formulate the basic principles for organizing the activities of the personnel service, legal regulation of personnel records, documenting labor relations and personnel records management, namely:
1) organization of personnel records management and activities of the personnel service in accordance with applicable law;
2) the legitimacy of the goals and methods of accounting for personnel;
3) reliability of personnel records;
4) conscientiousness of maintaining personnel records;
5) ensuring the safety of credentials within the established time limits;
6) ensuring the protection of personal data of employees;
7) the obligation to document relations in the sphere of labor;
8) mandatory registration of personnel documentation;
9) the obligation to systematize and ensure the safety of personnel documentation.
The draft law must state that the legislation in the area staffing is based on the Constitution of the Russian Federation and international treaties of the Russian Federation and consists of this Federal Law and other federal laws regulating personnel matters, as well as regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
The draft law should define the organizational basis for staffing and, above all, establish its organizational forms depending on the size of the organization, the number of employees and the amount of work in the field of work with personnel. Based on the variety of approaches to the organization of personnel services from various employers that exist in practice, it is difficult to give an exhaustive list options, but the main ones currently are:
Creation of an independent structural unit (personnel service);
Introduction to the staff of the position of an employee (main or part-time), carrying out personnel records and maintaining personnel records management;
Assignment of personnel records and personnel records management to one of the employees as a combination of professions.
The bill should include a list of the main tasks of the personnel service; basic requirements for this service; a list of local regulations of the employer regulating the activities of this service (regulations on the personnel service, job descriptions for employees of this structural unit, etc.). It seems appropriate to separately characterize the legal status, official duties, rights and responsibility of the head of the personnel service.
When considering the forms of organization of staffing, it is necessary to show the features of conducting personnel records management in organizations that have separate structural units, as well as in holding structures (in subsidiaries).
When presenting the issues of personnel records in the draft law, it should be determined that its objects are both information about employees and the main procedures that accompany labor relations: hiring, permanent and temporary transfer to another job, granting vacations, secondment of employees, encouragement, advanced training and retraining of personnel, certification of employees, termination employment contract and etc.
Depending on the object of accounting, the tasks of personnel accounting should be formulated:
Formation of complete and reliable information on the composition and movement of personnel;
Employer provision necessary information about personnel;
Formation of a multi-aspect search information and reference system in all areas of work with personnel;
Providing an information base for conducting analytical work in the field of personnel management, etc.
It is expedient to include in the bill the procedure for regulating personnel records by the Government of the Russian Federation and the State Statistics Committee of Russia and the basic requirements for organizing and maintaining personnel records.
It is necessary to fix the obligation to maintain personnel records and personnel records management by each employer (including employers - individuals who are not individual entrepreneurs), as well as the obligation to use the forms of primary accounting documents approved by the State Statistics Committee of Russia.
It is necessary to determine the basic rules for working with primary accounting documents, in particular, the use of their electronic versions, the need for coding information (or refusal to do so), the possibility of partial changes in forms depending on the needs of the employer, deadlines for filling out, etc. Questions about the composition of the applicable forms need to be resolved. , its expansion and amendments to a number of forms, which will require the involvement of experts from the State Statistics Committee of Russia in the work on the bill.
In the section of the draft law devoted to documenting labor relations, it is necessary to determine the composition of the documents that are mandatory for use when registering labor relations: local regulations of the employer, organizational, administrative, information and reference documents.
Speaking about the local regulations of the employer, it should be noted that the draft law should regulate the rights and obligations of the employer to adopt them and establish lists of local regulations adopted depending on the type of employers. The provisions of the draft law will help eliminate violations of the procedure for developing (including the procedure for taking into account the opinion of the representative body of employees), putting into effect and applying local regulations.
For other types of personnel documentation, the most urgent task should be solved in the draft law - the creation of the minimum necessary and sufficient number of personnel documents in cases requiring documentation of the relevant personnel procedures. An important place in the law should be given to the relationship between the types of documents and the procedures they draw up.
In special articles of the law, it is necessary to show the features of documenting labor relations with certain categories of employees (with the heads of the organization, with part-time workers, etc.).
The bill should make it mandatory to use unified forms organizational and administrative documents used in personnel work.
For documents that do not have unified forms, the draft law should establish the composition of the required details:
2) type of document (its name);
3) date of drawing up the document;
4) registration number document;
5) the place where the document was drawn up;
6) the composition of the certificate of the document, depending on its type (signature, seal, stamp of approval of the document).
In order for practitioners to understand the legal significance of the details of documents used to give legal force to documents, special instructions should be included in the draft law for the most significant details:
On the legal significance of the resolution affixed by the employer to the documents;
On the procedure for signing personnel documents, including the list of persons entitled to sign documents; on the procedure for replacing a signature in the absence of the head of the organization; on the possibility (or impossibility) of using such an analogue of the head's handwritten signature as a facsimile signature;
On the use of seals and stamps in personnel records management, including seals of the personnel service, wax seals and seals;
On the procedure for bringing personnel documents to the attention of employees and obtaining a visa to familiarize the employee with the document.
The draft law should also stipulate such important issues for personnel documentation as the possibility and rules for making changes and corrections to personnel documentation; the procedure for restoring lost documentation; features of the execution of documents that are not filed by the employer in a timely manner; the possibility in some cases of using and storing certified copies of personnel documents in case of loss of the originals; the possibility, cases and procedure for the seizure of personnel documentation.
Mandatory consideration requires the issue of information carriers about personnel, the use of electronic documents, the procedure for their creation, signing and storage. Electronic message, signed with an electronic digital signature or other analogue of a handwritten signature, is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper (Article 11 Federal Law of 01.01.2001 "On information, information technology and information security). In accordance with Art. 4 of the Federal Law of 01.01.2001 "On Electronic Digital Signature" electronic digital signature in electronic document subject to the simultaneous observance of a number of conditions, it is equivalent to a handwritten signature in a document on paper.
Drawing up personnel documentation is the first and most important part of personnel office work, which also includes the organization of work with documents, their systematization and storage. For the timely and correct implementation of these procedures, the draft law should regulate the technology of working with personnel documentation.
In the field of organizing personnel records management, the draft law should, first of all, regulate the issue of the regulatory and methodological framework for conducting personnel records management. It is advisable to include in the draft law a list of local regulations on personnel records management: Instructions on personnel records management, Sheet of forms of personnel documents, Album of forms of personnel documents, Schedule of workflow of personnel documentation.
basis regulatory framework for HR records management draws up a Table of forms of documents, which allows you to determine the necessary and sufficient set of types of documents for legal registration situations that arise in the work with personnel. The use of the Time Sheet allows you to reduce the working time and labor costs of the organization's employees in solving the problems of documenting management activities.
The preparation of the Table of Forms of Documents must be accompanied by development of the Album of forms and samples of personnel documents included in the Report Card. The presence of the Report Card and the Album will allow you to quickly and correctly document the work with personnel. The Report Card and the Album must include the documents provided for by the Labor Code of the Russian Federation, i.e., which are mandatory when registering labor relations, as well as documents developed at the discretion of the employer.
The logical conclusion to the development of regulatory support in the field of personnel records management is the preparation and approval HR workflow graphics, which in tabular form reflects the procedures for documenting labor relations for the following items: drafting documents (basis for drawing up, frequency, person responsible for preparation, number of copies, etc.); paperwork (coordination, signing, approval); processing of documents (registration, transfer for execution, familiarization of employees); operational and archival storage of executed documents (place and terms of storage, frequency of submission to the archive).
The procedure for the application of local regulations for working with personnel documentation, as well as responsibility for its violation, must be fixed in the Instructions for Personnel Records Management, approved by order of the employer.
Mandatory registration of documents is directly due to the requirement of clause 4.1.2. Standard instructions for office work in federal bodies executive power(Further - Typical instruction), approved by the order of the Ministry of Culture of Russia: "All documents requiring registration, execution and use for reference purposes are subject to registration." It must be emphasized that the very procedure for registering documents is not limited to putting registration dates and numbers in the documents. Registration of documents is the recording of credentials about a document in the prescribed form, fixing the fact of its creation, sending or receiving (clause 4.1.1. of the Standard Instruction).
In the field of HR administration the bill must include: an indication of the obligation to record (register) personnel documents and monitor their implementation; regulation of consideration of written and oral appeals of employees to employers; regulation of the workflow of personnel documents and instructions for accounting for its volume; rules for systematizing personnel documents and conditions for ensuring their safety; the procedure for observing the confidentiality regime of personnel documents.
When disclosing these issues, the draft law should reflect the specifics of documenting labor relations and personnel records management, as well as the relationship between the volume of workflow of personnel documents and the staffing of personnel services employees.
The problem of archive organization is subject to separate consideration. personnel documentation; conducting an examination of its value; registration and description of personnel documentation to be transferred to archival storage; allocation for destruction of expired documents.
The bill should show the procedure for receiving and transferring personnel documentation during the reorganization of an organization, as well as the procedure for transferring documents on personnel for storage to the state or municipal archive in the event of liquidation of an organization or termination of activity by an individual entrepreneur.
The draft law should establish the responsibility of the employer for violation of the norms establishing the procedure for working with personnel documentation.
Control over the implementation of norms relating to personnel records and personnel records management should be entrusted to the Federal Labor Inspectorate, whose specialists have been carrying out inspections of personnel records management in organizations for a number of years.
For violation of the norms relating to the conduct of personnel records management, administrative and legal sanctions in the form of increased penalties should be established, which will require the introduction of appropriate changes to Art. 13.20 of the Code of the Russian Federation on Administrative Offenses.
The bill should reflect the procedure for the entry into force of the law and include the necessary transitional provisions in the text of the bill.
In addition to the above, it should be noted:
1. When drafting a draft law, it seems appropriate to analyze the norms of the current Labor Code of the Russian Federation with a view to excluding from it office procedures and rules for the workflow of personnel documentation. In cases where a procedure requiring documentation, is a guarantee norm affecting the rights of workers, reference norms should be left in the Labor Code of the Russian Federation, and the procedures should be worked out in detail in this draft law.
2. The draft law should take into account that at present, in accordance with the Labor Code of the Russian Federation, the concept of "employer" includes categories of employers, sometimes very different from each other: these are legal entities, regardless of their organizational and legal forms and forms of ownership, and individuals registered in in due course as sole proprietors, and individuals entering into an employment relationship with employees for the purposes of personal service and household assistance. In this regard, the draft law should propose a differentiated approach to the organization and conduct of personnel records management in various categories employers depending on the characteristics of their legal status, on the number of workers they attract, etc.
3. It may be necessary to indicate which state executive bodies have the right to adopt normative legal acts in pursuance of the proposed law.
4. Simultaneously with the development of this draft law, proposals should be prepared to amend a number of existing regulatory legal acts and to develop new regulatory legal acts in pursuance of the proposed law.
The title of the draft law "On Documenting Relations in the Sphere of Labor" was chosen as a working title. As other options for discussion, the names “On personnel matters”, “On personnel records and personnel records management”, etc. can be proposed.
This list should be clarified during the planned public discussion of the concept and when developing the text of the bill. A more complete list of the main concepts is given below in the approximate structure of the draft law.
FEDERAL LEGISLATION IN THE FIELD OF LABOR AND EMPLOYMENT OF THE POPULATION
The main legislative act regulating labor and other relations directly related to them at the federal level is. The Labor Code is a codified federal law. According to Article 5 of the Labor Code of the Russian Federation, the norms labor law contained in other federal laws must comply with the Labor Code of the Russian Federation. In case of conflict between Labor Code of the Russian Federation and other federal law containing labor law norms, the Labor Code of the Russian Federation is applied. If a newly adopted federal law containing labor law norms contradicts the Labor Code of the Russian Federation, then this federal law is applied subject to the introduction of appropriate amendments to the Labor Code of the Russian Federation. Thus, the Labor Code occupies a special, priority position in the system of federal labor legislation.
Constitution of the Russian Federation. This follows both from the text of the Constitution of the Russian Federation and from the text of the Labor Code of the Russian Federation itself. Also, the Labor Code of the Russian Federation establishes (Article 5) that the regulation of labor relations is carried out in accordance with federal constitutional laws, and the Constitution of the Russian Federation establishes a provision according to which federal laws (including the Labor Code of the Russian Federation) cannot contradict federal constitutional laws. In addition, both the Constitution of the Russian Federation and the Labor Code of the Russian Federation itself establish the priority of generally recognized principles and norms of international law and international treaties Russian Federation over Russian labor legislation.
In addition, it should be borne in mind that the Federal Law of June 30, 2006 N 90-FZ "On Amendments to the Labor Code of the Russian Federation, the recognition of certain normative legal acts of the USSR as invalid on the territory of the Russian Federation and invalidated some legislative acts ( provisions of legislative acts) of the Russian Federation", following the relevant provisions Federal Law of July 27, 2004 N 79-FZ "On the state civil service Russian Federation" and Federal Law of January 8, 1998 N 8-FZ "On the Basics municipal service In Russian federation", refused the priority of the Labor Code of the Russian Federation in regulating the service relations of state and municipal civil servants, to whom labor legislation and other acts containing labor law norms are applied subsidiarily.
Legislative acts of the federal level containing labor law norms include the following:
No. 1032-1 of 19.04.1991 defines the legal, economic and organizational foundations of the state policy for promoting employment of the population, including state guarantees for the implementation of the constitutional rights of citizens of the Russian Federation to work and social protection against unemployment.
No. 10-FZ dated 12.01.1996 establishes legal framework the creation of trade unions, their rights and guarantees of activity, regulates the relations of trade unions with state authorities, local authorities, employers, their associations (unions, associations), other public associations, legal entities and citizens. In accordance with the Labor Code of the Russian Federation, trade unions act as a party in relations social partnership in the world of work as workers' representatives.
The parties to social partnership, in accordance with Article 25 of the Labor Code of the Russian Federation, are employees and employers represented by duly authorized representatives. State authorities and local self-government bodies are parties to social partnership in cases where they act as employers, as well as in other cases provided for by labor legislation. Representatives of employees, as mentioned above, are trade unions, as well as their associations, other trade union organizations provided for by the charters of all-Russian, interregional trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation. The interests of the employer in the conduct of collective bargaining, the conclusion or amendment of a collective agreement (on collective agreements see the menu section), as well as when considering and resolving collective labor disputes employees with the employer are represented by the head of the organization, the employer - individual entrepreneur(personally) or persons authorized by them. When conducting collective negotiations, concluding or amending agreements (for agreements, see the menu section), resolving collective labor disputes regarding their conclusion or amendment, as well as during the formation and implementation of the activities of regulatory commissions social and labor relations the interests of employers are represented by the relevant associations of employers. Peculiarities of the legal status of an association of employers shall be established . This law is not aimed at regulating labor and directly related relations, it defines legal status one of the parties of social partnership in the sphere of labor - associations of employers - non-profit organizations associations that unite employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions, public authorities and local governments.
According to Article 35 of the Labor Code of the Russian Federation, in order to ensure the regulation of social and labor relations, conduct collective bargaining and prepare draft collective agreements, agreements, conclude collective agreements, agreements, as well as to organize control over their implementation at all levels on an equal basis, by decision of the parties, commissions of duly authorized representatives of the parties. At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations is formed, whose activities are carried out in accordance with. Members of the Russian tripartite commission for the regulation of social and labor relations are representatives of all-Russian associations of trade unions, all-Russian associations of employers, the Government of the Russian Federation.
Determines the state policy in the field social protection persons with disabilities in the Russian Federation and contains articles providing for guarantees of employment and ensuring working conditions for persons with disabilities.
Determines the legal status of foreign citizens in the Russian Federation, and also regulates relations between foreign citizens, on the one hand, and public authorities, local governments, officials of these bodies, on the other hand, arising in connection with the stay (residence) of foreign citizens in the Russian Federation and the implementation by them of labor, entrepreneurial and other activities in the territory of the Russian Federation.
Law of the Russian Federation "On Collective Agreements and Agreements" dated March 11, 1992 No. 2490-1 and Federal laws "On the procedure for resolving collective labor disputes" dated November 23, 1995 No. 175-FZ and "On the basics of labor protection in the Russian Federation" dated July 17, 1999 No. 181-FZ from February 1, 2002, i.e. from the date of entry into force of the Labor Code of the Russian Federation of December 30, 2001, were applied to the extent that they did not contradict it (Article 423 of the Labor Code of the Russian Federation), and expired in connection with the adoption of Federal Law No. 90-FZ dated June 30, 2006 "On Amendments to the Labor Code of the Russian Federation, Recognition of Certain Regulatory Legal Acts of the USSR as Invalid on the Territory of the Russian Federation and Invalidated Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation" , which entered into force 90 days after the day of its official publication (published in the "Collection of Legislation of the Russian Federation" - 07/03/2006, in " Russian newspaper"- 07/07/2006). At present, relations regulated by the indicated legislative acts that have become invalid are regulated by the Labor Code of the Russian Federation.
Administrative and criminal liability for violation of labor legislation and labor protection is established by articles and, respectively.
IN AND. Andreeva: We must deal not with papers, we must deal with people
Valentina Ivanovna Andreeva shared her opinion with the PRO-staff about past conference magazine "Handbook of Personnel Officer" Labor law 2010-2011: analysis of changes, practice of application, ways of solving problems”.
Valentina Ivanovna, what was your impression of the event?
Amazing experience, very good useful event. And I am glad that we all have gathered here today and, by the way, many of us are participating in the events of the Personnel Officer Directory magazine, not for the first time.
How do you rate the organization of the conference?
The organization is absolutely perfect, everything is clear, people are correctly and conveniently placed, there is an opportunity to ask questions.
Valentina Ivanovna, tell me, how do you assess the audience that has gathered in this hall?
I know many people here, they have been participating for many years in the activities of the Personnel Officer Directory magazine. These are our regular participants and readers of the magazine. To some extent, we have formed our own circle, these are people who are devoted to the magazine, who trust us. In general, the audience is active, they ask a lot of questions, so I am pleased to work for them.
Do you remember anything special at the conference?
At this event, I received quite a lot of proposals for the draft law "On Documenting Relations in the Sphere of Labor", many responded. The State Duma itself proposed this draft law, and this indicates that the importance of working with documents, documenting, and office work is growing. There are more and more errors in documents that lead to fines. So we need to help the personnel officer to avoid fines. Also, the number of errors that do not allow workers to properly issue a pension has increased, which means that workers need to be helped. The personnel officer must be freed from many problems associated with documents. It is impossible to deal with documentation day and night, it is necessary to deal with the workers themselves. We spend most of our time processing documents. And we need to look deeper into the needs of the workers themselves.
Therefore, the employer, and in particular the personnel officer, should not deal with paperwork, should deal with the problems of the employee, labor process, labor relations.
To regulate work with personnel documentation means to free the employer and personnel officer from routine work and allow him to deal more with the meaning, content, in general, labor relations. And not to draw up papers from morning to night, which of course is not correct. We need to deal not with papers, we need to deal with people.
Many participants said that they are waiting for your speech, attend your seminars, what would you wish the participants of the conference?
I received proposals for a draft law, I work, first of all, for the sake of personnel officers, for the sake of our citizens themselves. And so I would like us to be more active in holding events such as this conference. Where people could exchange experiences, communicate, including discussing new bills. The audience for such events is mostly experienced, and I can learn a lot from them. Thanks to our members, I understand what actual problems both in documentation and in the labor relations themselves.
As practice shows, the most useful materials that correspond to the truth are contained in the “Handbook of the Personnel Officer”. So I would naturally like to have more readers of the magazine, more visitors to our site, more people to attend our webinars.
The business seminar is aimed at: HR specialists, HR managers different levels, labor lawyers, clerks, secretaries, accountants, heads of organizations and other interested parties.
Result: complete clarity in the issues of registration of personnel documentation.
Lesson program:
1. Draft Federal Law "On Documenting Relations in the Sphere of Labor".
The main trends in the development of personnel records management and their reflection in the draft law.
Controversial and difficult to document situations in labor relations and the procedure for their resolution, included in the draft law.
2. Entry into force in full of the Federal Law "On Personal Data".
Documents of the employer related to the protection of personal data.
Responsibility of the employer for violation of the rights of employees in the field of personal data protection.
3. Documentation of hiring.
Judicial practice on refusals to conclude an employment contract.
Local regulations employer, errors in the development and execution.
Employment contract: controversial opinions on a fixed-term employment contract, a probationary condition actual assumption to work.
Registration of a work book and T-2 card.
4. Documenting the change and termination of the employment contract.
Documentation during part-time employment, combination of positions, performance of duties of a temporarily absent employee.
Changing the terms of an employment contract without the consent of the employee, permanent and temporary transfer to another job are features of documentation.
Documentation of the grounds for termination of the employment contract, typical mistakes, arbitrage practice.
5. Employer's documents required to record working time and rest time.
Keeping records of working time. Summarized accounting of working hours. Errors when filling out the time sheet.
Documentation of work in excess of the established working hours: overtime work, irregular working hours. Shift schedules and flexible schedules.
Types of rest time. The difference between weekends and non-working holidays.
ILO Convention on Paid Holidays and obligations of the employer to provide employees with annual paid holidays. Vacation schedule, vacation division into parts. Mistakes made by the employer when granting leave to the employee. Postponement of vacation, recall from vacation.
Realization of the right to leave upon dismissal.
All questions are considered subject to all changes.
legislation, clarifications of the Ministry of Finance of the Russian Federation and the Federal Tax Service of the Russian Federation and arbitration practice
on the date of the workshop
NOTES:
1. You can sign up for the seminar by e-mail.
2. Questions are accepted by e-mail [email protected] no later than 3 days before the workshop.
3. You can order this topic of the seminar as an individual or corporate event.
Author and presenter: Andreeva Valentina Ivanovna - a leading specialist in the field documentation support, Professor of the Department of Labor Law Russian Academy justice at the Supreme Court of the Russian Federation and the Supreme Arbitration Court Russian Federation, author of books on office work, Ph.D.
The cost of consulting services: 8000 rubles, including VAT 18%. Expenses are recognized for tax purposes. Discounts (from 2 people - 10%, from 3 people - 15%, then 20%). Students are provided with meals, information and methodological materials, writing materials. At the end of the course, a certificate of advanced training in this topic is issued.
Attention!
Advanced training 40 hours for professional accountants
Venue of the seminar: Moscow, Leningradskoe shosse, 16, building 3, 7th floor (metro station "Voikovskaya").
The draft law, tentatively titled "On Documenting Relationships in the Sphere of Labor", which is known to some as the draft law on personnel records, began to be developed in 2009. It was written by working group under the State Duma Committee on Labor, social policy and Veterans Affairs, which included experts in the field of labor law.
The concept and approximate structure of the draft federal law appeared on the web quite quickly. Another raw document was offered for discussion to personnel officers: everyone could express their position, leave their proposal, recommend an amendment or a specific wording.
What is the document about
As one member of the working group explained, in 2009 Deputy Chief of Staff of the Duma Labor Committee Alexander Leonov, the idea to write a project arose after numerous complaints from personnel officers that there is a law on accounting for accountants, but there is no law on personnel records for them. On an initiative basis, the idea to write such a law appeared.
The main purpose of the document is to regulate the main issues of maintaining personnel records, as well as the creation, maintenance, systematization, storage of personnel documentation, including taking into account the preservation and restriction of access to personal data of employees. In other words, it was proposed that one single law become a kind of code for personnel officers.
The developers suggested the following chapters:
General provisions (goals and objectives, scope, basic concepts, documentation of relationships, principles of activity)
Organization personnel work(HR service, its structure, rights and obligations)
Personnel accounting (objects and tasks of personnel accounting, requirements for maintaining personnel records, organization of personnel records for various employers)
Documentation of relations in the sphere of labor (types, content, details and certification of primary accounting documents, the mandatory use of unified forms, features of documenting labor relations with certain categories of workers, the procedure for using seals and stamps of the employer, LNA, work books, job descriptions)
Personnel records management (regulatory framework, mandatory registration of personnel documents, registration forms (magazines and books), monitoring the execution of personnel documents, storage and transfer of documents to the archive, the procedure for considering written and oral requests from employees)
Archive of the employer and transfer of documents for storage to the state or municipal archive in case of liquidation or termination of the employer's activities
Responsibility for violation of the law
Final provisions
Those who read the project were divided in their opinions. Some said that in this version the law largely duplicates, so it is not needed. Others thought that the idea of bringing together all the rules for the preparation of personnel documentation is very useful and convenient, but did not support the initiative to create separate personnel services in small businesses or individual entrepreneurs.
You can read the preliminary text of the document yourself and see what exactly was proposed.
The concept and approximate structure of the draft federal law "On Documenting Relations in the Sphere of Labor"
HR outlaws
Despite the fact that many companies continue to hold seminars on the topic of the new bill, the TK Club managed to find out that its development was not just frozen, but completely removed from the agenda of the State Duma. As clarified managing partner law firm Kasenov & Partners Ekaterina Kasenova, the authors did not advance further than the concept of the draft Federal Law. This document also disappeared from the list of bills being prepared by the State Duma. Moreover, under the Duma Committee on Labor, Social Policy and Veterans Affairs, the working group that was created to develop the law on personnel records is no longer officially listed. Most likely, it was disbanded, and no work is being done anymore.
Why exactly they stopped developing the document, our editors did not receive an official answer. Perhaps the officials decided that it was no longer relevant. One way or another, until 2021, when a new composition of the State Duma will be elected, personnel officers need not worry - they will not have a new law on personnel records.