New report on workers to the employment service from October 1: who should submit it and why

Many accountants have already heard that from October 1, 2021, a new report on employees who are not pensioners must be submitted to the employment service. Is it necessary to take it? If yes, then in what form? Where is the new report? Will the employment service accept a paper or electronic form? What is the deadline for submitting a new report? We will answer your questions and provide you with a sample of how to fill out the new report.

Website "Online inspection"

It has been around for several years. In 2021, the resource was visited by 5.78 million people.

You can use certain services that solve a particular problem. For example,

Duty inspector

Your question, their answer. There is a database of asked questions and answers by category. More than 12.38 thousand consultations were conducted, with the most popular topic related to labor protection (1.85), dismissal (1.79) and wages (1.58).

Report a problem

Official (authorized) appeal to Rostrud (note 2kk.info: i.e. not anonymous). More than 50.5 thousand requests were received. The leading problems are such as non-payment of compensation upon dismissal (10.95), delayed wages (10.89), other violation of labor rights (9.61), and the smallest number of complaints is related to non-payment of sick leave (0.98) .

Electronic inspector

Independent verification of cases by the employer (his representative) for compliance with the requirements of labor legislation (using checklists).

In 2021, more than 86.29 thousand self-checks were carried out, of which 56.11 thousand violations were identified, i.e. more than a half.

Since the launch of the service, 546.48 thousand checks have been carried out, and again more than half have been identified (373.18), and this has saved employers more than 11.4 billion rubles. Wow!

New reporting to the employment fund remotely

While there are no official regulations, local fund offices accept reports in several ways. In some regions, you can report in any form by sending a scanned copy of the report to the email address provided by the local fund. In other places, the fund itself sends a letter with an attached form to fill out (the completed form is sent by reply letter).

The service for remotely receiving reports to the employment service “Work in Russia” has also started working. To use the service, you need to log in as an employer (the “Employers” tab in the upper right corner of the screen).

To submit electronic reports from the employment service, you need to register for “Work in Russia” through the State Services website.

Instructions for registering and submitting a report through the employment service portal “Work in Russia”

Scheduled and unscheduled inspections

In 2021, 131,286 inspections were carried out on compliance with labor laws and other regulatory legal acts containing legal norms, which is almost 6,000 thousand less than in 2021 (137,003 inspections). Of them:

• planned - 11,620 inspections (in 2021 - 10,115);
• unscheduled - 119,486 inspections (in 2021 - 126,888).

The largest number of inspections were carried out on applications (appeals) of citizens - 102,774 (in 2021 - 105,461).

Second place is occupied by inspections to monitor the execution of orders issued based on the results of a previous inspection - 11,891 (in 2021 - 13,170).

A greater number of inspections occur on organizations operating in the following areas:

• wholesale and retail trade, repair of vehicles, motorcycles, household products and personal items (16.4%);
• construction (9.6%);
• manufacturing (9.3%);
• health and social services (7.4%);
• education (6.7%);
• provision of other utilities and social services (6.2%);
• transport (5.4%);
• agriculture, hunting and forestry (4.1%);
• mining (2.2%);
• other types of economic activity (32.2%).

Rostrud notes that the increase in unscheduled inspections is associated with the activity of citizens in protecting their labor rights, changes in the level of information openness of the activities of the federal labor inspectorate, the emergence and development of electronic services, the introduction of new legislative and regulatory acts relating to labor relations, the exchange of information with executive authorities .

Let's sum it up

• Measures to support citizens who lost their jobs or earnings during the fight against coronavirus required the employment service to have operational information on layoffs, changes in working conditions and pay from citizens who contacted them.
• The Employment Fund was given the right to request the necessary information from the Pension Fund and employers.
• Starting from April 2021, employers must send a weekly report to the employment service with mandatory information according to the list approved by Order of the Ministry of Labor No. 152.
• The procedure and form for sending information must be clarified at your employment fund branch. However, as a general rule, information in any format is provided only remotely.

Fines, warnings, disqualification

In 2021, during all supervisory activities, over 308.6 thousand violations of labor legislation were identified (in 2021 - 322 thousand).

The total amount of administrative fines imposed was 3,737.8 million rubles (in 2021 - 3,253.8 million rubles, in 2021 - 3,555.4 million rubles). Note that the three million limit always passes.

Decisions were made to impose administrative penalties in the form of fines on 141.9 thousand guilty persons (133.2 thousand in 2018, 155.4 thousand in 2017), namely:

• officials - 70.9 (2018 - 70.7 thousand, 2021 - 83.1 thousand);
• legal entities - 59.7 (2018 - 53.2 thousand, 2021 - 59.7 thousand);
• individual entrepreneurs - 11.2 (2018 - 9.2 thousand, 2021 - 12.4 thousand);
• citizens - 30 (2018 - 22, 2021 - 61).

In addition to fines, 39,507 warnings were also issued (in 2018 - 39,876, in 2021 - 39,995). Again the border is 39, how do they do it?

According to Article 3.4. Code of Administrative Offenses of the Russian Federation, a warning is established for first-time administrative offenses in the absence of causing harm or the emergence of a threat of harm to the life and health of people (animals, plants, etc.), as well as in the absence of property damage.

In 2021, 28 guilty officials were also disqualified, for what reason was not specified. For comparison, in 2021, 12 individuals were disqualified, and in 2021, 67 citizens were disqualified.

Let me remind you that disqualification consists of depriving an individual of the right to occupy leadership positions in the executive body of a legal entity, to join the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, etc. (Article 3.11 of the Code of Administrative Offenses of the Russian Federation).

Disqualification is imposed for committing administrative offenses by a person who was previously subjected to administrative punishment for a similar administrative offense (for example, part 5, part 7 of article 5.27 of the Administrative Code of the Russian Federation or part 5 of article 5.27.1 of the Administrative Code of the Russian Federation).

Installed for a period of 6 months to 3 years.

Wages arrears

Despite the slight decrease, throughout 2021 the level of employers who allow delays in wage payments continues to remain high.

Although for non-payment of wages there is administrative (Part 6 of Article 5.27 of the Administrative Code) and criminal liability (Article 141.1 of the Criminal Code of the Russian Federation).

The level of current wage arrears in the constituent entities of the Russian Federation was in the range from 2.4 to 2.94 billion rubles (in 2021 - 7.86 to 8.52 billion rubles, in 2021 - from 3.2 to 3.8 billion rubles).

More than 136 thousand requests were received regarding issues of wage arrears (in 2021 - more than 164 thousand).

Supervisory and control measures were carried out on almost all requests, and more than 7 thousand mandatory orders were issued.

There are no data on the number of cases initiated for non-payment of wages.

For example, in 2021, about 2,000 decisions were made to initiate criminal proceedings under Art. 145.1 of the Criminal Code of the Russian Federation, in 2021 - 1,720 decisions. Moreover, Rostrud itself sent 101 materials in 2021.

What to include in the report and how to fill it out: sample

The new report must indicate information about the number of employees:

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

Moreover, we note that the report will need to indicate both those working on the reporting date and those who ceased their working activities during the reporting period.

Also, in addition to the number of employees, the report must indicate the name of the company, its tax identification number and checkpoint.

The new report exclusively includes information on the number of employees. That is, you need to indicate the number of people. Personal data of employees (for example, full name and year of birth) does not need to be included in the report.

Let's assume that the company employs two men born in 1959 and one woman born in 1964. They operated during the 3rd quarter of 2018. Then a sample of filling out a new report will look like this:

Accidents

In 2021, more than 9.5 thousand accidents were investigated.

There were 5,086 industrial accidents with serious consequences, of which 3,705 (severe), 1,099 (fatal), 282 (group). For comparison, 5,394 accidents occurred in 2021, 5,371 in 2021, and 6,819 in 2021.

1,312 workers died, 54 of them were women ( in 2021 - 110, although the report for this year indicated 82 women, but apparently the number was later clarified ).

3 minors also died; there was one person each in 2021 and 2021.

The highest level of fatal occupational injuries is traditionally observed in organizations of such types of economic activities as:

• construction;
• manufacturing industries;
• Agriculture;
• forestry;
• hunting;
• fishing and fish farming;
• transportation, storage, mining.

The most common causes of accidents (pay attention!):

• falling from a height - 33% (2018 - 34%, in 2021 - 32%);
• exposure to moving, flying, rotating objects, parts, machines and mechanisms - 23% (2018 - 23%, in 2021 - 26%);
• fall, collapse, collapse of objects, materials - 11% (2018 - 13%, in 2021 - 12%);
• transport accidents - 12% (2018 - 12%). Moreover, 20% was when going to work on the employer’s transport, and 5% on foot.

590 hidden accidents at work were identified and investigated, including 208 fatalities (562 and 172, respectively, in 2018).

As always, the causes of accidents were:

• unsatisfactory organization of work;
• violation of traffic rules;
• violation by an employee of labor regulations and labor discipline;
• disruption of the technological process;
• shortcomings in organizing and conducting training of workers on labor protection.

Based on the results of investigations into industrial accidents, 5,813 materials (in 2021 - 6,155 materials) were sent to the prosecutor's office to consider the issue of bringing to criminal liability officials guilty of violations of labor legislation in connection with industrial accidents (Article 143 of the Criminal Code of the Russian Federation “Violation of labor protection requirements”, Article 216 “Violation of safety rules during construction and other work”, Article 217 “Violation of industrial safety requirements of hazardous production facilities”).

238 criminal cases were initiated against them (340 in 2021).

Procedure for filling out a vacancy report

Special assessment of working conditions

In 2021, 130,607 labor safety violations were identified.

More than 120,924 unscheduled inspections were carried out.

Identified violations:

• violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation (Part 1 of Article 5.27.1 of the Administrative Code);
• violation by the employer of the established procedure for conducting special labor safety measures at workplaces or failure to conduct it (Part 2 of Article 5.27.1 of the Code of Administrative Offenses);
• admission of an employee to perform job duties without undergoing training in the established order and testing knowledge of labor protection requirements (Part 3 of Article 5.27.1 of the Code of Administrative Offenses);
• failure to provide workers with personal protective equipment (part 4 of article 5.27.1 of the Administrative Code);
• violation by the organization that carried out the special assessment of the legal assessment of the established procedure for conducting the special assessment (part 1 of article 14.54 of the Code of Administrative Offences).

Also, 400 conclusions of executive labor authorities were received on the conduct of a state examination of working conditions in order to assess the quality of the implementation of special labor conditions, of which 174 conclusions resulted in inspection response measures being taken.

Who must submit a vacancy report?

Important! A vacancy is understood as the presence of a free workplace for which a new employee needs to be hired. It does not matter what exactly the employer needs: to find a replacement for a dismissed employee or to introduce a new staff position. If a place becomes vacant when an employee goes on maternity leave or is transferred to another job, then there is no need to inform the employment center.

All companies that have vacancies in their staffing list must submit a vacancy report. In this case, it will not matter whether they need employees at a given time or not. The report is submitted in any case; it is necessary as statistical information. In some regions, companies are exempt from this report if they hire employees on a competitive basis (Tula region).

Layoffs of employees

The total number of laid-off workers was 349.9 thousand people. It will be interesting to compare data for 2021 (due to the pandemic).

95.9 thousand people applied to the employment service, 17.5 thousand of them were employed, 47.0 were declared unemployed. What about the rest?

Rostrud also provides statistics on the location of the employee:

• downtime due to the fault of the employer - 26.0 thousand people;
• working part-time – 84.3;
• on leave without pay (at the initiative of the employer) – 1.0.

Moreover, Article 128 of the Labor Code of the Russian Federation does not imply that the employer sends the employee on the specified leave. It is clear that personnel workers write this way. But this is before the first complaint.

What are the deadlines?

A new report will need to be submitted quarterly, starting with data as of 10/01/2018, no later than the 15th day of the month following the reporting one. It turns out that the first report must be submitted before October 15 .

However, we note that some employment centers ask you to submit your report earlier. For example, the Zlatoust employment center asks for a report to be submitted quarterly by the 1st day of the month following the reporting month.

Disabled people

The total number of disabled people of working age is 3.456 million people (in 2021 there were 3,486,591).

The most disabled people were employed (from most to least) in:

• Penza region;
• Orenburg;
• Krasnoyarsk region;
• Ryazan region;
• Magadan;
• Irkutsk;
• Nizhny Novgorod.

The number of organizations in which a quota was established for hiring people with disabilities was 127,102 units with an established quota of 445,853 jobs.

By the way, failure by the employer to fulfill the obligation to create or allocate jobs for employing disabled people in accordance with the established quota for hiring disabled people, as well as the employer’s refusal to hire a disabled person within the established quota, entails the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles (5.42 Code of Administrative Offences).

Where did the new report come from?

Starting with data for the third quarter of 2021, employers must submit a new employee report. This follows from the Letter of Rostrud of Russia dated July 25, 2021 No. 858-PR “On conducting quarterly monitoring of information about organizations (employers) and the number of employees of organizations that are not pensioners, as well as monthly monitoring of the implementation of measures to promote the employment of citizens of pre-retirement age.”

Thus, Rostrud begins to collect information about workers of pre-retirement age.

Also see “Responsibility is being introduced for refusal to hire people of pre-retirement age.”

Appeals from citizens

In 2021, the central office of Rostrud received 37,926 applications from citizens, which is almost 7 thousand less than in 2021 (44,900).

Of them:

• in electronic form (via the Internet, government services portal, by email, through MEDO (interdepartmental electronic document management system - 31,716 requests, in 2021 - 38,454);
• on paper (6210 requests, in 2021 - 6446 requests).

The most frequent requests from citizens were on the following topics:

• delay in payment of wages and other payments;
• correctness of payment and labor standards;
• hiring and dismissal of employees;
• occupational Safety and Health;
• use and recording of working time;
• providing time for rest (vacation);
• accident investigation.

The territorial bodies of Rostrud received more than 397 thousand applications, which is slightly less than in 2021 (468,140).

On average, one state labor inspector reviewed 190 appeals from citizens (approx. 2kk.info: that is, approximately 15 cases per month, not counting other cases, such as inspections of legal entities).

More than 50% of the complaints also related to non-payment of wages.

Then there were questions about hiring and firing workers and labor protection.

Rostrud also provides more specific appeals:

• conclusion of an employment contract;
• refusal to hire (discrimination);
• maintaining and storing work books;
• changing the terms of the employment contract;
• termination of the employment contract;
• protection of personal information;
• work time;
• providing breaks from work;
• work on weekends and non-working holidays;
• granting vacations;
• payment of wages and other benefits;
• guarantees and compensation (including for persons working in the Far North and equivalent areas);
• compliance with labor regulations and labor discipline;
• employee qualifications, professional standard;
• financial liability of the parties to the labor regulations;
• features of labor regulations for certain categories of workers;
• protection of labor rights;
• proposals for improving the legislation of the Russian Federation;
• appealing the actions of courts and other government bodies.

We'll probably end here. I hope you have learned a lot of useful and interesting things, we will be waiting for the report for 2021.

I was with you, Ekaterina (2kk.info).

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Reporting on staff reductions

An organization planning a layoff, two months before, simultaneously with notifying employees, is required to submit a notice of staff reduction to the employment center.

If a massive staff reduction is planned, information about this must be submitted to the employment center three months before the start of the reduction.

The information form is approved in the appendices to the Decree of the Government of the Russian Federation dated 02/05/1993 No. 99.

Information is filled in about each employee, you need to indicate:

• surname, first name, patronymic;
• education;
• profession or specialty;
• qualifications;
• size and conditions of remuneration.