Approval of the draft law on electronic document flow is postponed.
The draft law which was planned for enactment as of 16 November 2021, establishes the possibility and mechanisms for the use of work-related documents in electronic form without duplicating them on paper.
The draft law proposes to add Article 22.1 “Electronic document circulation in the sphere of labor relations” to the Labor Code of the Russian Federation. Parliamentarians explain that there are currently no legal grounds for the execution of personnel documents only in electronic form.
“The bill was prepared in order to optimize the interaction between employers and employees (including their representative bodies), securing the possibility and mechanisms for the maintenance and use of documents related to work in electronic form without duplication in hard copy to create more opportunities for remote employment: job seekers will be able to find an employer from another region, remotely interview and conclude an employment contract”, – says in an explanatory note.
It is assumed that electronic document management will be done through a single digital platform “Work in Russia”, including the interaction through the portal of public services. When signing electronic documents it is planned to use qualified electronic signature.
An employer will have to notify employees about transition to electronic personnel documents circulation. Employees, in their turn, have a right to refuse to keep their personnel documents in electronic form. In addition, the collective agreement may provide for the employer to distribute electronic document management to all employees if more than 50% of employees have agreed to the transition to electronic document management.
Currently it is proposed to extend the discussion period for amendments to the bill.
Key Action Points for Human Resources and In-house Counsel
We recommend that you follow the link above for the bill updates and meanwhile use the electronic format as permitted for teleworking. Analysis of upcoming regulation will reduce the time for adapting new requirements in the future.