The procedure has been devised for conducting an experiment aimed at using work-related electronic documents

For the attention of: officers and employees of legal and HR departments and divisions responsible for the security of corporate information

Pepeliaev Group advises that the Ministry of Labour and Social Security has devised the draft order “On approving the regulation on the procedure for conducting an experiment aimed at using work-related electronic documents”

In accordance with article 4(2) of the Federal Law “On conducting an experiment aimed at using work-related electronic documents”[1] (the “Law on the experiment”), the Russian Ministry of Labour and Social Security (the “Ministry of Labour”) has devised a draft order “On approving the regulation on the procedure for conducting an experiment aimed at using work-related electronic documents” (the “Draft”). The information concerning the document has been published on the Federal Portal of Draft Regulations. The Draft is currently at the stage of undergoing public consultations and an independent anti-corruption expert review.

As a reminder, the experiment is being carried out between 5 May 2020 and 31 March 2021. The specific date when the experiment is to start is determined by the employer independently; however, it cannot precede the end of a 30-day period after the Law on the experiment has come into force.

As expected, the Draft provides more detail on individual procedural aspects of the experiment, for instance, the following.

Participation in the experiment

The Draft provides for an application form to participate in the experiment.

The filled-in application should be submitted, before 1 December 2020, to the Ministry of Labour; the latter, based on the applications received from employers, will approve the list of the employers participating in the experiment. If any part of the information provided for by the recommended sample document is missing, this will serve as a ground for the relevant employer not to be included in the list of participants in the experiment. That an employer does not comply with the provisions of the Draft will also be a ground for such employer to be excluded from the list of participants.

You will find detailed information in our materials about what should be done to participate in the experiment.

During the experiment, employers will have to send to the Ministry of Labour information in electronic form in accordance with the annex to the Draft. Such information should be sent to the Ministry of Labour three times during the experiment: before 1 August 2020; before 1 December 2020; and before 2 April 2021. Among other things, the following information should be sent to the Ministry of Labour:

• a list of documents in relation to which the experiment is being conducted, stating the details of the order by virtue of which the list was approved, and justifying the grounds for choosing specific documents for carrying out the experiment;
• a description of the procedure and conditions of the employer for creating, using and storing work-related electronic documents;
• a description of other measures (staff training, purchasing devices to be used by employees, paying for employees’ communication expenses, etc.) implemented within the framework of the experiment; etc.

Joint work of information systems

The experiment may be conducted using either the employer’s information system or the Work in Russia system[2], or both information systems at the same time. When choosing the information systems to be used, the participating employers should determine which types of work-related documents will be created, used and stored either in their information systems or in the Work in Russia system.

Please note that the experiment is being conducted only in relation to those documents which each employer will determine on its own. A sample list of such documents is provided for by the Draft.

Regardless of whether they use the Work in Russia system, participating employers should ensure that the employer’s information system and the Work in Russia system work together.

However, taking into account the temporary restrictions on the use of the Work in Russia information system that are in force while the system is being finalised, participation in the experiment before 1 October 2020 is allowed only using the employer’s information system.

The HR-related electronic document flow in the Work in Russia system will be available to employers participating in the experiment who are registered in the Unified system of identification and authentication[3] and who have received an employer’s enhanced qualified electronic signature. Employees participating in the experiment should have a confirmed account in the Unified system of identification and authentication.

When an employer uses its own information system, a job applicant (employee) is provided with work-related electronic documents in compliance with the internal regulations and employment contracts.

Work-related electronic documents are signed in the employer’s information system using the employer’s enhanced qualified electronic signature and the employee’s (job applicant’s) enhanced qualified electronic signature or enhanced unqualified electronic signature.

Please note that the employer issues an employee’s enhanced unqualified electronic signature by virtue of a written application from such employee. The employee must confirm receipt of the certificate for such signature.

Requirements for internal regulations

It is recommended that the internal regulations of an entity concerning the employer’s and an employee’s use of the electronic signature as well as the conduct of the experiment, should set out the following (among other things):

• a list of types of the electronic signature used when the experiment is conducted as well as the procedure and methods for storing and checking the electronic signature;
• the procedure for providing employees with an electronic signature;
• the procedure for the employer to process work-related electronic documents containing employees’ personal data;
• employees’ responsibilities to observe the established security rules when operating electronic signature keys, computers and mobile devices;
• the procedure for storing and destroying electronic documents;
• the procedure for employees to send requests for receiving electronic documents in a manner that would be convenient for them, as well as the procedure for such documents to be provided to them; etc.

What to think about and what to do

Entities and individual entrepreneurs who have decided to participate in the experiment are recommended to acquaint themselves with the Draft and adhere to it after it has been approved by the Ministry of Labour and Social Security.

Help from your adviser

Pepeliaev Group’s experts have extensive experience of handling matters involving technological and employment law issues; they are ready to provide support in connection with the participation in the experiment.