On April 28th, 2021, Government Resolution No. 663 (hereinafter – “Resolution”), establishing a mandatory pre-trial procedure for appealing the orders and other acts of the Federal Service for Labour and Employment (Rostrud) and its territorial bodies – State Labour Inspectorates (hereinafter – “SLI”) was adopted.
This means that a company will not be able to file a claim against an SLI inspector’s act immediately in the court, bypassing the head of the SLI. However, citizens who are not engaged in entrepreneurial activities will be able to go directly to the court.
Changes will come into force on July 1st, 2021. Currently, a company can, at its discretion, choose where to appeal against an SLI’s act: to the court, to the head of the SLI, or to both authorities simultaneously.
The Resolution clarifies the provisions of the Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”, which will also enter into force on July 1st, 2021 (hereinafter – “Law”).
The Law provides for an appeal procedure: it specifies the types of SLI’s acts that are subject to appeal; it stipulates requirements for the form and content of a claim; it sets time limits for filing and processing a claim; and it outlines authorities that are entitled to consider claims.
Another significant legal development is that the Law prescribes the need to file a claim in electronic form through a single portal for state and municipal services and/or the corresponding regional portal. A claim submitted by a company must be signed with an enhanced qualified electronic signature. A citizen can also sign a claim with a simple electronic signature. However, this requirement will become compulsory from December 31st, 2023 . Before that date, companies and authorities may exchange documents either in electronic or paper forms.
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Practice: Labour and Employment
Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
We hope that the information provided herein will be useful for you.