of April 24, 2020 No. 122-FZ
About carrying out experiment on use of electronic documents, work-related
Accepted by the State Duma on April 14, 2020
Approved by the Federation Council on April 17, 2020
1. Make in the Russian Federation experiment on use by certain employers and workers in electronic form without duplication on paper of documents, work-related concerning which the labor law of the Russian Federation provides their registration on paper and (or) acquaintance of the worker with them in writing, including under list (further respectively - experiment, electronic documents, work-related) and to perform efficiency evaluation and effectiveness of experiment.
2. The legislation regulating procedure for carrying out experiment is based on the Constitution of the Russian Federation and consists of the labor law and other acts containing regulations of labor right, determined according to article 5 of the Labor Code of the Russian Federation, the legislation of the Russian Federation on employment of the population, the legislation of the Russian Federation in the field of personal data protection (including requirements to storage and processing of personal data of citizens of the Russian Federation in the territory of the Russian Federation and procedure for collection and storage of biometric personal data), this Federal Law and the regulations on procedure for carrying out experiment accepted according to it.
3. The purposes of carrying out experiment are:
1) determination and creation of conditions for use in the sphere of employment relationships of electronic documents, work-related, including exchange of information in the form of electronic documents, work-related, between the employer, the worker and person going to work;
2) preparation of offers on modification of the labor law and (if necessary) in the legislation of the Russian Federation on employment of the population regarding use in the sphere of employment relationships of electronic documents, work-related.
4. The experiment is made concerning documents, work-related which list the employer approves independently taking into account regulations on procedure for carrying out experiment. The experiment is not made concerning service records and data on labor activity of workers created according to the labor law in electronic form.
5. The experiment is made till March 31, 2021 inclusive.
6. Participation in experiment of the employers, workers and persons going to work is voluntary.
7. Action of the labor law and other acts containing regulations of labor right taking into account the features established by this Federal Law extends to the employers who are participants of experiment, workers and persons going to work.
1. For the purposes of this Federal Law the following basic concepts are used:
1) the employer - the employer who showed willingness to participate and participating in experiment according to regulations on procedure for carrying out experiment;
2) the worker - the worker who is consisting in employment relationships with the employer at the time of adoption by the employer of the decision on participation in experiment and expressed by giving to the employer of the corresponding written application the voluntary consent to participation in experiment, including to use during the experiment of the digital signature of the worker according to provisions of parts 2 and 3 of article 7 of this Federal Law;
3) person going to work - physical person with which the employer signs the employment contract during experiment;
4) authorized body of the executive authority - the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of work;
5) the Work in Russia system - information and analytical system the All-Russian base of vacancies the "Work in Russia" determined in accordance with the legislation of the Russian Federation about employment of the population.
2. Other concepts are used in this Federal Law in those values in which they are used in other legal acts of the Russian Federation.
1. Participants of experiment are authorized body of the executive authority, employers and workers, and also persons going to work who expressed the voluntary consent to participation in experiment according to part 4 of article 6 of this Federal Law.
2. The workers directed temporarily by employers to other physical persons or legal entities under the agreement on provision of work of workers (personnel) cannot be participants of experiment.
3. Remote workers cannot be participants of experiment.
Authorized body of the executive authority:
1) is performed by methodical maintenance of experiment, including methodical support of activities of employers of creation, use and storage of electronic documents, work-related;
Creates 3) and approves the list of employers;
Represents 4) to the Government of the Russian Federation taking into account opinion of the parties of Russian Trilateral Commission on the Regulation of Social and Labour Relations preliminary (during experiment, but not later than two months before the expiration of carrying out experiment) and final (upon termination of experiment, but not later than in two months after the expiration of carrying out experiment) reports on results of carrying out experiment and the offer on modification of the labor law and (if necessary) in the legislation of the Russian Federation on employment of the population regarding use in the sphere of employment relationships of electronic documents, work-related.
1. The employer determines start date of carrying out experiment in the organization of the employer independently taking into account regulations on procedure for carrying out experiment (further - the beginning of carrying out experiment).
2. For the purpose of realization of regulations of this Federal Law the employer prior to carrying out experiment:
1) is approved by the list of document types, work-related concerning which the experiment will be made;
2) determines the structural divisions of the organization participating in experiment (if necessary);
3) not later than one month prior to carrying out experiment notifies each worker in writing on carrying out experiment, and also about the worker's right by giving to the employer of the corresponding written application to refuse participation in experiment or to express the voluntary consent to participation in experiment;
Creates 4) and approves the list of workers;
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