New Procedure for Attesting Workplaces

05.03.2013

Legal Update No. 408, 5 March 2013

Goltsblat BLP advises that amendments proposed by the Russian Ministry for Labour on 12 December 2012 (Order of the Ministry for Labour and Employment No. 590n of 12 December 2012, hereinafter, the “Order”) to the workplace attestation procedure in terms of working conditions came into effect on 26 February 2013.

The Russian Ministry for Labour sees the need for these amendments as being dictated, in particular, by the high cost and long duration of the attestation procedure and the shortage of available attestation agencies. So the authorities believe the amended procedure would cut companies’ attestation-related expenses.

One of the main and most important changes introduced by the Order is that workplaces of employees “working only with PCs and (or) desktop duplication and printing machines” would be resealed from attestation procedure.

The Order also amends the procedure for repeat attestations (which were previously required every 5 years) and suggests differentiating between workplaces by classifying them according to their working conditions as follows:

  • workplaces in a harmful or hazardous working environment and workplaces at which works, requiring preliminary and periodical medical examinations are performed; and
  • workplaces in a safe working environment (with optimal and acceptable work conditions).

The first group will still be covered by the previously existed procedure (5-yearly attestation); as for the second group, there will be unscheduled attestations only when requested by an employee or a trades union representative or prescribed by relevant order from a labour inspectorate.

It should be noted that the procedure for holding unscheduled attestations is rather ambiguous since there are still no criteria for the above-mentioned requests or orders to be submitted, no restrictions establishing the minimum time span between attestations, including unscheduled ones, and no grounds on which such orders or requests might be rejected.

Presently, workplace attestation is regulated by the relevant amended Procedure approved by Order of the Russian Ministry for Healthcare and Social Development No. 342n of 26 April 2011.

Goltsblat BLP will track developments in law enforcement practice and keep you informed about any changes and clarifications by the public authorities in this respect.

If you have any question or would like more detailed information, please contact: Nadezhda Ilyushina, Head of Employment, Pension & Benefits Practice, Goltsblat BLP: +7 495 287 44 44, Nadezhda.Ilyushina@gblplaw.com.

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