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EMPLOYERS ARE UNDER ANOTHER THREAT OF ADMINISTRATIVE PENALTY FOR FAILURE TO NOTIFY MOSCOW AUTHORITIES ABOUT EMPLOYEES AT DISTANCE WORKING

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TA Legal Consulting Team informs that on October 6, 2020, the Mayor of Moscow signed Decree No. 97-UM "On Amending the Decrees of the Mayor of Moscow No. 12-UM dated March 5, 2020 and No. 68-UM dated June 8, 2020" (the "Decree"). The decree was published on the official website of the Mayor of Moscow Mayor (https://www.mos.ru).

In accordance with the Decree, from October 12, 2020 employers operating in the territory of Moscow are required to submit information in electronic form, using the personal account of the legal entity on the official website of the Mayor of Moscow and Moscow City Government (https://www.mos.ru) on weekly basis. Employers shall submit information about employees (and performers under civil law contracts) who are subject to transfer to distance working (it should be at least 30% of the total number of employees) and, accordingly, about employees who are not subject to transfer to distance working.

We would also like to draw your attention that registration on https://www.mos.ru has never been obligatory. However, if an employer has no such personal account of the legal entity, in order to comply with the requirements of the Decree, representatives of legal entities are obliged to register the personal account of the legal entity at https://www.mos.ru (registration procedure is available at https://www.mos.ru/pgu/common/-legal_short.pdf). The Decree does not contain alternative means of notification, which raises some concerns. Moreover, procedure of registration of the legal entity at https://www.mos.ru is impossible without a qualified electronic signature of the representative of the legal entity and personal account of the individual at https://www.mos.ru, registration of which is also not obligatory.

Submission of information about employees at distance working shall be done in the form that is an Appendix to the Decree. For example, in addition to the employee's mobile phone, the employer must specify in the form sent to the employee the state registration number of employee's vehicle, employee's Troika and/or Strelka electronic card number, employee's social card number and number of travel card (if an employee has a personal vehicle and/or the abovementioned cards).

According to the provisions of the Labor Code of the Russian Federation, provision of the above information is not mandatory, and an employee has the unconditional right to refuse to provide it to an employer. It is clear that the Moscow authorities have once again adopted a regulatory legal act without regard to federal legislation.

It should also be noted that, in accordance with Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation, failure to submit or incomplete submission of information provided for by the Decree may result in administrative liability in the form of a fine (up to RUB 300.000) or administrative suspension of activities (in exceptional cases).

The full version of the Decree can be found at: https://www.mos.ru/upload/-documents/docs/97-YM-fjlna.pdf.

TA Legal Consulting Team