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Employers in Moscow must have 30% of their employees working remotely from October 5
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Employers in Moscow must have 30% of their employees working remotely from October 5

12.10.2020 The deadline for the first report which was due October 12 is moved to October 19 (mos.ru).

An order issued by the Mayor of Moscow on October 1 requires all employers in Moscow to have at least 30% of their staff working remotely. This order applies to all hired staff, whether they work under an employment contract or civil law contract. Moreover, all employees over the age of 65 must work remotely as well as those who suffer from one of the diseases specified in the list compiled by the Moscow Department of Health.

13.10.2020 From answers to questions on mos.ru:

  • Employees over the age of 65, those suffering from a disease specified in this list, and secondee employees may be included in the 30% of employees who need to be switched to remote work.
  • Employers are not prohibited from introducing shifts with no more than 70% of employees on the premises.
  • The information about employees posted on mos.ru must be updated weekly, but if the data initially posted has not changed, then it will not be necessary to update it.
  • If a company has separate subdivisions that do not operate in Moscow, then the total number of employees should be calculated including only the employees located in Moscow.

October 14, 2020 mos.ru:

  • Individual entrepreneurs can submit reports with no EDS. To do so, log on to mos.ru through state services.

Only the employees whose presence is critical to the functioning of the organization can remain in the workplace. Moscow enterprises will be asked to switch employees who are not directly involved in the production process to remote work. So, employers need to decide how many employees:

  1. Are to be switched to remote work;
  2. Are not to be switched to remote work as their physical presence is necessary to ensure the continuity of processes necessary to the functioning of organizations and individual entrepreneurs.

It is assumed that these decisions will need to be reported by email at organization_size@mos.ru using the form provided in Appendix 4 to Moscow Mayor Order No. 12-УМ. A new Moscow Mayor Order was issued on October 6, requiring submitting information on the same form (Appendix 4 to Order No. 12-УМ) every week on Mondays, starting from October 12 through the individual entrepreneur/legal entity online account on the website of the Mayor and Moscow government. It will be possible to upload data from October 9 onwards (Update as of October 9, 2020: Employers can upload their notification forms via their online account at mos.ru in the tab "Organization of business" -> "Support for businesses"). The following details must be specified in the notification:

  1. Individual entrepreneur full name;
  2. Short name of organization;
  3. Taxpayer identification number (INN);
  4. Main state registration number (OGRN);
  5. Registered address;
  6. Main type of activity (according to OKVED);
  7. Additional types of activity;
  8. Total number of employees not subject to transfer to remote work;
  9. Total number of employees subject to transfer to remote work;
  10. Total number of employees on furlough by decision of the President of the Russian Federation with pay for non-work days;
  11. Actual address (with the code from the Federal Information Address System);
  12. Number of employees who are not subject to transfer to remote work, working at the actual address specified in Item 11 of this form.

The following information about the employees switched to remote work must also be reported:

  1. Mobile telephone number;
  2. Vehicle license plate number (if any);
  3. Troyka card number (if any);
  4. Strelka card number (if any);
  5. Social card number (if any);
  6. Number of monthly travel pass without limit and with 70-trip limit, temporary social ticket, temporary reduced-fare ticket (if any).

These details must be provided in an Excel document whose template can be found on mos.ru website.

The new rules do not apply to certain organizations such as, for example, defense companies, organizations in the aircraft and healthcare industries. 

The Joint Administrative and Technical Inspectorates of the City of Moscow are to monitor the fulfillment of these requirements (Decree No. 40-УМ dated April 04, 2020) and will conduct spot checks as well as respond to complaints from individuals that have been unlawfully denied to work remotely.

Additional requirements:

It is necessary to amend the work contracts with all employees who are going to switch to remote work.

Recommendations:

Employers may issue a local policy which would set the quantity of employees who will (and will not) switch to remote work.

October 8, 2020 1C will develop an extension for the ERP systems of 1C family which will allow to create the reports about the remote workers. The extension will work for all currently supported versions of 1C with Payroll and HR administration functions and will be available for download on October 12.

Penalties

If the above requirements for transfer of employees to remote work are not fulfilled, the following fines may be applied under Article 20.6.1 of the Russian Code of Administrative Offenses:

  • A fine from RUB 10,000 to RUB 50,000 could be imposed on company officers;
  • A fine from RUB 30,000 to RUB 50,000 could be imposed on individual entrepreneurs with no legal entity;
  • A fine from RUB 100,000 to RUB 300,000 could be imposed on legal entities.

If employees get sick as a result of non-compliance with the abovementioned requirements, or in case of repeated violations, the following penalties will be imposed:

  • A fine of up to RUB 500,000 or disqualification from 1 to 3 years will be imposed on company officers;
  • A fine of up to RUB 1,000,000 or administrative suspension for up to 90 days will be imposed on entrepreneurs with no legal entity and legal entities.

If violations are identified during an inspection conducted by Rospotrebnadzor, then the following penalties will be imposed under Article 6.3 of the Russian Code of Administrative Offenses:

  • A fine of up to RUB 150,000 will be imposed on company officers;
  • A fine of up to RUB 150,000 or suspension of activity for up to 90 days will be imposed on entrepreneurs with no legal entity;
  • A fine of up to RUB 500,000 or suspension of activity for up to 90 days will be imposed on legal entities.

Administrative liability is also provided if people with chronic diseases and people over the age of 65 fail to stay home. If an employee falls into one of these two categories, he/she will be entitled to demand to work remotely and report any violations to Rospotrebnadzor if his/her employer does not comply with the requirements for remote work.

If this topic is of interest to you, please feel free to register to our webinar on Preparing for Switch of Employees to Remote Work using Electronic Document Management before Possible Stricter Anti-COVID-19 measures.

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