Transferring employees to remote work format: Recommendations of SberSolutions experts

From 5 to 28 October 2020 employers in Moscow shall obligatory transfer at least 30% of their employees to a remote regime of work, including all employees over 65 years old and those who have diseases, the list of which is determined by the Moscow City Health Department. The exception is provided for the employees whose presence at the working place is critically important for ensuring the functioning of organisations and individual entrepreneurs.

The employers shall obligatory specify data about the employees, with respect to whom there were made decisions on transfer to a remote regime of work, on their personal account on the official website of the Mayor of Moscow. The data shall be submitted once, and in case of change of data about employees (contractors under civil agreements) the submission of the updated data shall be performed on the day of making a corresponding decision.

It should be borne in mind that if your organisation applies interchange of the remote regime of work and performance of a labor function at the working place, or if a shift regime is established (no more than 70 percent of employees can be simultaneously at the working place), when submitting data it's necessary to indicate all employees (contractors under civil agreements) with respect to whom the corresponding decisions were made.

Please note that earlier, in accordance with the Decree of the Mayor of Moscow No.96-UM, the data about employees was submitted by means of its sending to organization_size@mos.ru on the form according to the Appendix 4 to the Decree of the Mayor of Moscow No.12-UM. From October 12, 2020 the submission of such data is performed exclusively through the personal account of a legal entity. The creation of a personal account and its further use shall be performed in the availability of a qualified electronic signature of a representative of the legal entity (for example, Director General or HR Head).

A detailed description of the procedure for filling out the form when submitting data about employees is available on the Mos.ru website. SberSolutions experts have reviewed the report form and draw attention to the fact that within its filling the address is indicated only for the employees who are not transferred to a remote regime of work, i.e. it is necessary to indicate the legal address of the company or other actual address where employees continue working.

In addition, we would recommend the following:

• determine the employees whose presence at the working place is critically important for ensuring the organisation functioning;
• issue an order establishing the number of employees who are not subject to transfer to remote work;
• determine the employees over 65 years old, along with those who have diseases, the list of which is set forth by the Moscow City Health Department;
• issue an order establishing the number of employees (at least 30 percent of the total staff number) to be transferred to a remote regime of work;
• transfer all employees over 65 years old, along with those who have diseases, with the exception of employees whose presence at the working place is critically important for ensuring the organisation functioning, as well as the employees determined to be transferred in accordance with the order to a remote regime of work.

For the purposes of fulfilling clause 11.2 of the Decree we would also recommend adopting a local regulatory act (for example, in the form of an order of the company head) on establishing the number of employees who should and should not be transferred to a remote regime of work.

Besides that, as far as within transfer to a remote regime of work the terms of a previously concluded employment agreement with an employee are being changed, thus, pursuant to art.72 Labor Code of the Russian Federation it's necessary to execute an addendum to the employment agreement of such an employee.

Taking into consideration the fact, that numbers of electronic travel cards, social cards and other data, required by the Mayor's Office, don't directly concern the labor relations with employees, whereas their joint use bears risk of this data qualification as personal data, we would recommend as follows: require in a written form and receive from employees, transferred to a remote regime of work according to the Decree of the Mayor of 01.10.2020 No.96-UM, a written consent for the processing of data, specified in the report. We would also recommend executing the following documents for this purpose:

• a request form for the provision of personal data;
• a consent form for the provision of personal data (please note that a consent shall comply with all requirements specified in the Federal Law No.152-FZ "On Personal Data");
• a form of refusal to provide personal data. If an employee refuses to provide the requested information, submit a report without the above-mentioned data.

It shall be noted that failure to comply with the rules of conduct within a high alert regime (including p.11.2 and 11.3 the Decree) entails a warning or imposition of an administrative fine on the officials – up to 50 000 RUB; on legal entities – up to 300 000 RUB (p.1 art.20.6.1 the Code of Administrative Offences of the RF). Failure to comply with the rules of conduct during the period of high alert, resulting in causing harm to human health or property, entails the imposition of an administrative fine on the officials - up to 500 000 RUB or their disqualification for up to three years; for legal entities - up to 1 000 000 RUB or administrative suspension of activity up to 90 days.

Please note that consulting on filling reports and creating (registering) a personal account of a legal entity on the mos.ru website is provided by the Mayor's Office hot line. We would be glad to provide consulting support regarding the clarification of the provisions of the Decree of the Mayor of Moscow No.97-UM of 06.10.2020 and No.101-UM of 15.10.2020, as well as to advise on the procedure of receipt of qualified electronic signatures in the authorized centers.

According to the Decree of the Mayor of Moscow No.101-UM of 15.10.2020, the organisations and individual entrepreneurs, engaged to entertainment activities, are obliged to ensure that their employees and visitors pass the registration procedure for all visits during the day using a special electronic service. For this purpose it's necessary to receive an electronic identifier (QR-code) or a code for sending messages to a special short number 7377 for each location of entertainment activity and to place it at the entrance of such activity carrying out.

In accordance with the Decree of the Mayor of Moscow No. 101-UM dated 15.10.2020, organizations and individual entrepreneurs engaged in entertainment activities are obliged to ensure that their employees and visitors go through the registration procedure for all visits during the day using a special electronic service. To do this, you need to receive an electronic identifier (QR code) or a code for sending messages to a special short number 7377 for each place of entertainment and place it at the entrance to the places of entertainment.