What reports is the employer required to send to the employment center?

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.

How did the report to the employment center on future retirees appear?

Rostrud announced the new reporting form in letter No. 858-PR dated July 25, 2018.

According to the letter, Rostrud instructs employment agencies to conduct periodic monitoring of the number of people of pre-retirement age. That is, those people who will retire in the next reporting year.

The form requires information about employees:

• men born between 1960 and 1963;
• women born between 1965 and 1968.

The form has not been approved at the legislative level. The letter from Rostrud proposes a recommended reporting form.

Information about vacant jobs

According to paragraph 3 of Art. 25 of the Employment Law, information about the need for workers should be submitted to the employment center on a monthly basis. The concept of “vacancy” is absent in labor legislation. Here you should focus on judicial practice, which defines it as a position for which an open-ended employment contract is concluded with the applicant. Thus, the case when a company is looking for a person to replace an employee who is on vacation or temporarily transferred to another job is not considered a vacancy.

Information should be submitted in the form “Information on the need for workers and the availability of available jobs (vacant positions)”, which was approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 19, 2019 No. 90n (Appendix No. 10).

Please note: a single date for the transfer of information has not been approved, so you should focus on the numbers that are prescribed in regional legislation. In the Rostov region, a report is submitted to the Central Tax Office by the 5th day of each month (Decree of the Government of the Rostov Region dated September 25, 2014 No. 646), and for organizations of the Krasnodar Territory a deadline is provided no later than the 28th of the current month (Decree of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258).

Typically, regional authorities specify not only the deadline, but also the form of information about vacancies in the employment center, although most often it is standard and consists of two sections. The first contains information about the employer, the second contains the characteristics of the vacancy and requirements for applicants, namely:

• Job title;
• conditions and nature of work;
• salary amount;
• operating mode;
• qualification requirements;
• benefits and guarantees.

Sample of filling out a vacancy report

After information about the availability of available jobs and vacant positions reaches the Central Employment Center, it will be analyzed and available candidates will be offered. If the new employee successfully passes the interview and is hired, the company sends the applicant a referral to the Center indicating the date of hire. If employment is refused, then the reason for the refusal is indicated in the referral, and it is related to the candidate’s professional skills (Article 64 of the Labor Code of the Russian Federation).

Where and how to submit

Information is submitted on the official website “Work in Russia”. To do this, you need to create a personal employer account. Use your account on the State Services portal.

Instructions on how to create a personal account:

Step 1. Follow the link to the all-Russian portal “Work in Russia”. On the page that opens, select the option “Login for employers” - “Log in via ESIA”.

Step 2. In the window that opens, select the organization or individual entrepreneur that you plan to register in your personal account on the portal.

Step 3. After selecting a specific employer, the “Organization Registration” form will open. If a legal entity or entrepreneur with the specified OGRN/OGRNIP is registered on the portal, the system will offer to join the registered company. Select the appropriate item.

Step 4: Next, you need to define the role of the registrant. You must select the "Owner" role.

Step 5: Now click on the “Save” button. After this, the user gains access to his personal account on the all-Russian portal “Work in Russia”.

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).

Responsibility for violation of requirements

Each of the report forms has its own deadlines for submission, violation of which may result in administrative liability in accordance with Art. 19.7 Code of Administrative Offenses of the Russian Federation. The deadlines for submitting information are determined by the Federal Law “On Employment”. Specific dates are not specified in the Law, but can be proposed by the regional central control center. Sanctions are imposed for failure to submit, violation of deadlines, or distortion of data.

An example of meeting deadlines for a newly registered organization. The company in the form of LLC was registered on August 20. Until the end of the month, there were no activities and no employees; organizational measures were taken to make a seal, open an account, and others. At the same time, a notification was received from the central control center about the need to submit reports within the time limits specified by law. In order to avoid a fine, the head of the company sent a letter to the central control center about the lack of activity and hiring of workers.

Answers to pressing questions

Question No. 1. Is it necessary to report to the Labor Center about part-time work if the schedule is set when hiring an employee? (click to expand)

Information about part-time or part-time work, established by agreement when hiring an employee, is not submitted to the Central Employment Center.

Question No. 2. One of the types of reporting is a form with the monthly submission of information about available vacancies to the Central Employment Center. Do I need to submit information if there is no need for employees even if there are vacancies in the staffing table?

Information about the availability of unoccupied workplaces is provided by the employer, regardless of the need of the enterprise for labor.

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.

Who rents

All Russian employers, without exception, are required to submit information about changes in the number of employees, as well as underemployment of employees due to the spread of coronavirus infection, but the report is submitted only as the number of personnel changes.

Grounds for submitting information for the purpose of operational monitoring of employment in connection with the spread of coronavirus infection:

• dismissal (termination of an employment contract with an employee);
• temporary transfer to remote work;
• simple (suspension of activities);
• reduction of working hours (transfer to part-time work);
• staff reduction (regardless of the reasons).

If there are no changes listed above, then you do not need to submit a report.

IMPORTANT!

Only organizations that have submitted information will be able to participate in events aimed at reducing tensions in the labor market, planned by the Ministry of Labor of the Russian Federation.

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!

Information about personnel reduction

In accordance with paragraph 2 of Art. 25 of Law No. 1032-1, the organization is obliged to notify the Central Employment Center about staff reductions no later than two months, and in the case of mass layoffs - three months before the event. The form of the document is established in the appendices to the Decree of the Government of the Russian Federation dated 02/05/1993 No. 99. The form indicates the following information about each employee:

• FULL NAME.;
• education;
• profession or specialty;
• qualification;
• size and conditions of remuneration.

The criteria for mass dismissal are established by the same government decree. These include:

1. Liquidation of an enterprise employing 15 or more people.
2. Reduction of the number of employees:
   50 or more people within 30 calendar days;
3. 200 or more people within 60 calendar days;
4. 500 or more people within 90 calendar days.

At the same time, regional authorities have the right to establish additional criteria aimed at protecting workers. Such conditions are prescribed in industry, territorial or regional agreements.

Is this a mandatory report or not?

There are no provisions in Russian legislation regarding such a report. Therefore, this report cannot be regarded as mandatory.

However, the Federal Service for Labor and Employment reports that it must be submitted on the basis of decisions of the Government of the Russian Federation (clause 3 of section III of the protocol of the meeting of the Government of the Russian Federation dated June 14, 2021 No. 16, as well as for the purpose of executing the protocol decisions of the meeting in the Federal Labor Service and employment with the heads of executive authorities of the constituent entities of the Russian Federation exercising powers in the field of employment (protocol dated July 10, 2021 No. 1).