Employment centers began to request from organizations a new report on employees of pre-retirement age. The first time you need to submit the form is 9 months of 2018. In this article we will tell you which companies are required to submit a new form and what will happen if they do not report on time.
New report form
The new report is called “Information on the organization and number of employees of organizations that are not pensioners.” Its f The form has not been officially established. Contact your employment center and request the form there. The report may vary slightly depending on your region. But the general details remain unchanged. These include:
- name of the organization;
- TIN and checkpoint of the organization;
- number of all employees;
- data on employees of pre-retirement age.
The legislation does not state which employees fall into the category of pre-retirement age and does not indicate a threshold for such an age. Regional employment centers are guided by the Law “On Employment of the Population in the Russian Federation” (Clause 2 of Article 5 of the Law of April 19, 1991 No. 1032-1). There, citizens who have two years left before retirement are mentioned as pre-retirees. Therefore, include in the report those who are due to retire in 2019: women born in 1964 and men born in 1959. All information on the form must be current as of October 1, 2018.
Vladimir Putin, in his address on pension reform, proposed to supplement the law on employment No. 1032-1 and consider the pre-retirement age to be five years before the date of retirement. This period will apply to both employed and unemployed citizens. At the moment, the amendments have not entered into force.
See the sample report form below.
Deadlines for submitting a new report on pensioners
Legislators did not establish a single reporting date. We only know that you need to report to the regional employment center no later than October 5. Find out the exact deadline at your employment center and focus on it.
Employment services will transfer the collected information to Rostrud by October 15 (Rostrud letter No. 858-PR dated July 25, 2018).
Elena Danyakina, presenter of the webinar "":
“Employment services in the Moscow and Novosibirsk regions have set a deadline of October 5. The Employment Center of the city of Zlatoust requests that the report be submitted quarterly by the 1st day of the month following the reporting month.”
Who submits the report
Employment centers are waiting for reports from companies both in the main tax system and in special regimes. The form of ownership also does not matter; there are no exceptions provided by law. If the company does not have employees of pre-retirement age, submit a form with zero indicators.
Not all employers are familiar with their responsibilities to the employment service. Meanwhile, it is necessary to provide information about vacancies, layoffs and fulfillment of the quota for the employment of disabled people. In addition, more recently, employers have become obligated to submit a quarterly report to the employment center about employees of pre-retirement age.
What information needs to be reported to employment services?
Law No. 1032-1 “On Employment” establishes that all legal entities and individual entrepreneurs are obliged to promote government policy to reduce unemployment and help socially vulnerable segments of the population find employment. Thus, Article 25 of the Law establishes that employers must inform employment centers (ECC):
- about vacant positions (monthly);
- about upcoming layoffs (organizations - 2 months in advance, individual entrepreneurs - 2 weeks in advance);
- on the number of working disabled people (monthly);
- on the introduction of part-time work/week (within 3 days);
- about bankruptcy/liquidation of an organization (2 months in advance);
- on suspension of production (within 3 days);
- about pre-retirees (quarterly)
Let us note that according to the Letter of Rostrud dated May 17, 2011 No. 1329-6-1, when establishing a part-time working schedule by agreement between the employee and the employer on the basis Art. 93 Labor Code of the Russian Federation There is no need to notify the employment service authorities.
The staffing report is submitted to the employment center in the form approved in your region. It is sent by mail or via email/fax. At the same time, the specific date for sending reports is not regulated anywhere, and it should be clarified with the regional office of the employment service.
For failure to fulfill this duty, article 19.7 Code of Administrative Offenses of the Russian Federation provides for real responsibility - each failure to provide a report can result in a fine:
- for citizens - from 100 to 300 rubles;
- for a legal entity - from 3,000 to 5,000 rubles;
- for the director - from 300 to 500 rubles.
All forms mentioned in the material can be downloaded at the end of the article.
Job Vacancy Report
According to paragraph 3 of Art. 25 of the Employment Law, it is necessary to report vacancies to the employment center on a monthly basis. However, 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 about vacancies should be submitted using the form “Information on the need for workers, availability of available jobs (vacant positions)”, which can be found in Appendix No. 11 to Order of the Ministry of Labor and Social Protection of the Russian Federation dated February 26, 2015 No. 125n. In addition to information about the employer, the form must indicate the following:
- job title;
- conditions and nature of work;
- salary amount;
- operating mode;
- qualification requirements;
- benefits and guarantees.
After receiving the report, the Center can propose a candidate, and if he successfully passes the interview, it is necessary to send the applicant’s referral to the Center indicating the date of employment. If he was denied employment, then in the direction of the employment center you need to indicate the reason, which should be related to his professional skills ( Art. 64 Labor Code of the Russian Federation).
Information about staff reductions
In accordance with paragraph 2 of Art. 25 of Law No. 1032-1, the organization must 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, according to which the following information about each employee must be indicated in the form:
- Full name;
- education;
- profession or specialty;
- qualification;
- size and conditions of remuneration.
The criteria for mass dismissal are also established in the said Resolution. These include:
- Liquidation of an enterprise employing 15 or more people.
- Reduction of the number of employees:
- 50 or more people within 30 calendar days;
- 200 or more people within 60 calendar days;
- 500 or more people within 90 calendar days.
However, each region may establish additional criteria aimed at protecting workers, and such conditions may be provided for in sectoral, territorial or regional agreements.
Report on disabled people to the employment center
The obligation to provide a report on disabled workers is imposed by law only on large companies with more than 100 employees. Each entity sets a quota for hiring people with disabilities - from 2 to 4% of the average number of employees. For employers whose staff varies from 35 to 100 people, the quota cannot exceed 3% (Article 21 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation”).
Information about how many such socially protected workers there are on the company’s staff must be submitted to quota departments using the form established in your region. Typically the form should contain the following information:
- total number of employees;
- number of jobs subject to quotas;
- the number of places actually created for people with disabilities;
- information about vacant positions for people with disabilities.
If an employer ignores his responsibilities for employing this category of the population, he faces a fine of 5,000 to 10,000 rubles. (Art. 5.42 Code of Administrative Offenses of the Russian Federation).
Labor safety report to the employment center
In accordance with the requirements of the articles and the Labor Code of the Russian Federation, employers are obliged to provide the executive authorities of the constituent entities of the Russian Federation in the field of labor protection with the information necessary for them to exercise their powers. In most municipalities, these powers are vested in the Employment Center. Since each region develops its own reporting form, its structure may vary, but the content is of the same type and includes the following information:
- on the state of industrial injuries for the reporting period;
- on the state of working conditions and the organization of labor protection work;
- on the availability of labor protection services and employee training;
- on conducting a special assessment of working conditions;
- on the provision of workers with personal protective equipment;
- on the availability of sanitary facilities and facilities;
- on public control of labor protection;
- about training and instructions.
The form may also contain information about measures to improve working conditions and safety, the activities of the trade union organization, medical examinations and other items that the regional authorities will provide. The frequency of reporting also varies from region to region and can be either annual or quarterly. The requirements for document execution are standard: the report is drawn up on the organization’s letterhead, certified by the seal, signatures of the manager and executor, and sent to an authorized official.
Not all employers are aware of the obligation to submit a vacancy report to the Employment Center. This report is called - “Information on the need for workers, availability of available jobs (vacant positions)” .
As stated in paragraph 3 of Article 25 of the Federal Law of 04/19/1991 No. 1032-1 (as amended on 07/03/2018) “On employment in the Russian Federation” (as amended and supplemented, entered into force on 02.10. 2018), Employers are required to submit monthly to the employment service authorities:
– information about the application of insolvency (bankruptcy) procedures in relation to this employer, as well as information necessary for carrying out activities on professional rehabilitation and promoting the employment of people with disabilities;
– information on the availability of available jobs and vacant positions, created or allocated jobs for the employment of people with disabilities in accordance with the established quota for hiring people with disabilities, including information on local regulations containing information about these jobs, fulfillment of the quota for hiring people disabled people.
What report are you talking about?
We are now talking about the job center job report . This report must be submitted monthly. The deadline for submitting the report is established by the Decree of the head of the constituent entity of the Russian Federation.
For example, I work in the Krasnodar Territory and on the basis of the Decree of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258, a deadline has been established - at least once a month until the 28th of the current month.
Even if you have no vacancies at work, and there are no plans to hire new employees, the company (entrepreneur - employer) is required to submit a zero report. But not submitting at all will be a mistake and will result in a fine.
Amount of fine for an organization – from 3,000 to 5,000 rubles. And the official may be subject to a fine of 300 to 500 rubles.
Even if the text of the Federal Law itself does not clearly say what date it is necessary to report, or whether it is necessary to report at all if there are no vacancies. But employment services require this report monthly.
Yes, this is extra “paper”, another responsibility and another report that “falls into the treasury” of the accountant or HR officer. But you must submit a report, even if you have no vacancies and are not recruiting employees.
Let me give you a simple example: the company was registered in September 2018. The registration itself was carried out on the 3rd, and the director of the company received the documents about the TIN and OGRN on September 20. There is no activity yet, a current account has not even been opened, the organization’s seal has not yet been issued, but a letter has already arrived from the Employment Center saying that it was time to submit a report.
It looks like a headache. If you have a similar case, then I recommend that you write a response to the letter from the Employment Center and explain that the company has just completed the registration procedure. The management of the enterprise did not have time to prepare a seal and open a current account, the employees were not hired. And write in a written response that next month such a report will be submitted without fail.
Many accountants have already heard that from October 1, 2018, 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 can I download the new report form? 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.
Where did the new report come from?
Starting with data for the third quarter of 2018, employers must submit a new employee report. This follows from the Letter of Rostrud of Russia dated July 25, 2018 No. 858-PR “On conducting quarterly monitoring of information about organizations (employers) and the number of employees of organizations that are not pensioners, as well as monthly monitoring of the implementation of measures to promote the employment of citizens of pre-retirement age.”
Thus, Rostrud begins to collect information about workers of pre-retirement age.
Where to submit a new report?
It follows from the letter that employers must submit a new report to regional employment services. It must include information on the number of employees who are not pensioners.
In our opinion, individual entrepreneurs who are employers must also submit a new report to the regional offices of the employment service.
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, 2018 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 (Minutes dated July 10, 2018 No. 1).
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 by 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.
What to include in the report and how to fill it out: sample
The new report must indicate information about the number of employees:
- men born in 1959;
- women born in 1964.
Moreover, we note that the report will need to indicate both those working on the reporting date and those who ceased their working activities during the reporting period.
Also, in addition to the number of employees, the report must indicate the name of the company, its tax identification number and checkpoint.
The new report exclusively includes information on the number of employees. That is, you need to indicate the number of people. Personal data of employees (for example, full name and year of birth) does not need to be included in the report.
Let's assume that the company employs two men born in 1959 and one woman born in 1964. They operated during the 3rd quarter of 2018. Then a sample of filling out a new report will look like this:
How to submit a report?
There are no clear and unambiguous requirements for the form and procedure for submitting the new report. However, for example, the State Public Institution TsZN of the Osinsky district of the Perm Territory reports that such information can be submitted in the form of a scanned copy by e-mail, in person or by regular mail. Simply put, you can choose any convenient option.
Starting from October 1, employer organizations submit a quarterly report on employees of pre-retirement age to the employment service. In our article we will tell you in detail who and how to submit a report to the employment fund, which employees to indicate there, we will provide a form, a sample report, and also provide a link to the program for filling out this form online.
Report on form No. 1 to the employment service
Accountants can prepare a new report for employment centers for free in the Bukhsoft program. The program will make sure that you fill out the report without errors.
Fill out the report online
The government wants to keep track of workers who are about to retire. Therefore, it instructed Rostrud to organize quarterly monitoring of information about future pensioners (clause 3 of section III of the minutes of the Government meeting dated June 14, 2018 No. 16).
Accountants must indicate in the report on Form 1 employees who:
- born in 1959 (men);
- born in 1964 (women).
Rostrud sent an order to collect information from employers to employment services of all regions (Rostrud letter No. 858-PR dated July 25, 2018).
From October 1, employers submit a new report on workers of pre-retirement age to employment services. Employers for whom these employees work or worked during the reporting quarter must submit a report. At the same time, employment services post lists of employers on their websites, and also send official requests to employers to provide a report.
For the first time, the report is submitted in October for the 3rd quarter of 2018. Then quarterly.
Deadline for submitting the report to the employment center
The due date is set by regional employment centers, but it cannot be later than the 15th day of the month following the reporting quarter.
Do I need to submit a zero report?
Simplified magazine called regional employment centers and learned about problems with passing zeros. Some centers say that zero marks must be taken. Some - that it is not necessary. Therefore, when submitting a zero report, you need to inquire at your employment center.
In the capital and some employment centers in the Moscow region, they began to require reports from all employers, even from those for whom pre-retirement workers have never worked. Blank reports are waiting in employment centers: Dorogomilovo, Brateevo, Maryino, Sokolniki, Northern Medvedkovo Moscow and Krasnogorsk, Moscow Region.
In other regions, information centers expect information only from those companies in which men born in 1959 and women born in 1964 work or worked this year. The centers received lists of such organizations from the Pension Fund of Russia and sent notifications to these firms that they needed to submit reports. We were told about this at the employment centers of Perm, Novosibirsk, Samara and Kaluga. And in Khimki they added that companies should not even dare submit empty reports, because they are already overwhelmed with documents.
Check if you received the notification. And if you haven’t received it, then check to see if you have any working or laid-off pre-retirees. Perhaps the notification from the employment center was simply lost. If the company does not have pre-retirement employees, then call your employment center and find out if they are waiting for blank reports. A telephone number for consultations is available on the websites of employment services. For example, in the picture below is a screenshot from the Moscow Employment Center website.
Feedback from readers on the information presented in the magazine "Simplified"
"Good afternoon! The employment center did not send us (Samara) anything (they simply do not have such a possibility technically). Thanks to me, I knew about the report and managed to get through (with difficulty) to the employment center. It turned out that the report had to be submitted by October 1st. Employees of the employment center sent me a report form and clarification by email. It turned out that our organization does not need to submit this report - there are no strictly 1959 men and 1964 women, and those who are older are working pensioners. But without explanation, nothing was clear; I personally wanted to submit a zero report in order to avoid fines,” writes a grateful accountant.
Report form to the employment fund
What to include in the report
The report contains information about employees:
- men who were born in 1959 and earlier
- women who were born in 1964 and earlier
The form contains the following fields: name of the organization, tax identification number and checkpoint of the organization, average number of employees and number of staff units of employees born in 1959 and 1964. It is necessary to report how many employees of pre-retirement age work in the company, how many were dismissed, including at the initiative of the employer. There is no need to indicate personal information about employees in the report.
Sample of filling out a report
Fines for failure to submit a report to the employment center
Many employers are worried about whether there will be fines if they do not submit a new report. The Code of Administrative Offenses has Article 19.7, which provides for punishment for failure to provide information to the body exercising state control. The fine for legal entities is from 3,000 to 5,000 rubles, for directors - from 300 to 500 rubles (Article 19.7 of the Administrative Code).
At the same time, you can be fined under this article if the company did not provide information “... the presentation of which is required by law...”. Meanwhile, there are no provisions in the laws that oblige a company to submit a report for pre-retirees. According to Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032, employers are required to submit monthly only the following data to Employment Centers:
- reports on available jobs and vacant positions;
- information about jobs created or allocated for the employment of people with disabilities in accordance with the quota.
Therefore, there is currently no penalty for failure to submit this report. There are fines for illegal dismissal of pre-retirees .
Attention! A new report is submitted to employment centers in the following regions of the Russian Federation:
Republic of Adygea (Adygea), Republic of Altai, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachay-Cherkess Republic, Republic of Karelia, Republic of Komi, Republic of Mari El, Republic of Mordovia, Republic of Sakha (Yakutia), Republic of North Ossetia - Alania, Republic of Tyva, Udmurt Republic, Republic of Khakassia, Chechen Republic, Chuvash Republic - Chuvashia;
Altai Territory, Transbaikal Territory, Kamchatka Territory, Krasnodar Territory, Krasnoyarsk Territory, Perm Territory, Primorsky Territory, Stavropol Territory, Khabarovsk Territory; Amur region, Arkhangelsk region, Astrakhan region, Belgorod region, Bryansk region, Vladimir region, Volgograd region, Vologda region, Voronezh region, Ivanovo region, Irkutsk region, Kaliningrad region, Kaluga region, Kemerovo region, Kirov region, Kostroma region, Kurgan region , Kursk region, Leningrad region, Lipetsk region, Magadan region, Moscow region, Murmansk region, Nizhny Novgorod region, Novgorod region, Novosibirsk region, Omsk region, Orenburg region, Oryol region, Penza region, Pskov region, Rostov region, Ryazan region, Samara region, Saratov region, Sakhalin region, Sverdlovsk region, Smolensk region, Tambov region, Tver region, Tomsk region, Tula region, Tyumen region, Ulyanovsk region, Chelyabinsk region, Yaroslavl region;
Moscow, St. Petersburg, Sevastopol; Jewish Autonomous Region; Nenets Autonomous Okrug, Khanty-Mansiysk Autonomous Okrug - Yugra, Chukotka Autonomous Okrug, Yamalo-Nenets Autonomous Okrug; Tatarstan, Crimea, Bashkortostan.
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