Remote mode of operation in Moscow
The Moscow mayor, by his own Decree, determined an obligation for employers to transfer employees to a remote order of activity in the period from October 25, 2021 to February 25, 2022. These measures are introduced in conjunction with the spread of coronavirus infection.
In accordance with the amendments, the established operating mode should be switched to:
– at least 30% of employees;
– all employees over the age of 60 who have illnesses, the list of which is established by the Department of Health of the capital. Exception: employees whose stay at work is particularly significant for the purpose of continuing the functioning of the organization.
What agreement was concluded with the person does not matter (an employment agreement or a civil agreement).
Certain conditions function in the relationship as a whole with the company’s staff.
Certain requirements do not apply to:
– companies whose work cannot be subject to restrictions in accordance with the Decree of the President of the Russian Federation dated 11.05.2020 No. 316.
– persons who have had a coronavirus infection or have been vaccinated.
In addition, metropolitan firms should establish the number of employees who are and who are not subject to transfer to remote activities. Similar data must be provided once a week (including from October 25) in electronic form using the personal account of a legal entity on the official website of the Moscow Mayor in accordance with the form specified in Annex 4 of the Decree of the Mayor of Moscow dated 05.03.2020 No. 12-UM. If the data has not changed in any way, then there is no need to send this kind of reporting a second time.
For non-compliance with the laws on the transfer of employees to a remote order of activity, liability is provided according to the Administrative Code of the Russian Federation Article 6.1. in the form of a fine:
– for officials from 10 to 50 thousand rubles;
– for legal entities from 100 to 300 thousand rubles.
For secondary non-compliance or actions (inaction) that caused damage to the health of a person or property, the sanctions are tightened:
– for officials, the collection of a fine in the amount of 300 to 500 thousand rubles, or disqualification from 1 to 3 years;
– for legal entities, the collection of a fine in the amount of 500 thousand to 1 million rubles, or administrative suspension of activity for a period of up to 90 days.
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