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Regarding implementation of electronic personnel document flow

12.05.2021

The State Duma introduced a project, according to which, it is planned to allow employers to create, use and store documents in electronic format without the need for hard-copy paper documents.

Those documents that are now issued on paper, as well as those that employees are familiarized with in writing, including under signature, will be allowed to be transmitted into electronic format.

Employers will use a qualified electronic signature, and employees will use a similar or unqualified electronic signature. This will be required for:

• conclusion or amendment of employment, apprenticeship and other contracts;

• signing of certain documents (application for dismissal, order for disciplinary action, notification of changes in working conditions).

The cost of obtaining an electronic signature for employees will be the responsibility of the employer.

For the exchange of electronic documents, the parties will be able to use the employer's information system or «the Work in Russia» platform.

When making an application for employment, an employee can submit their documents in electronic format, and they can also get accustomed to  the internal labor regulations and other local regulations in electronic form.

In order to switch to electronic document management, it will be necessary to consolidate this solution in a local regulatory act.

In the act, you will need to specify:

• the information system used by the employer;

• the day from which the electronic document flow is introduced;

• the deadline for notifying employees of changes.

It is important to note that employees have the right to refuse to transfer personnel documents in electronic form. In the event of refusal, the organization must set a period (no more than one month) when the employee can make a decision, and if the employee does not provide any answer, this will mean his consent to the maintenance of documents in electronic form.

If more than 50% of employees agree with the changes, the employer will be able to extend the electronic document flow to all employees of the company by a local regulatory act.

At the same time, the procedure for conducting electronic document management will need to be approved taking into account the opinion of the elected body of the primary trade union organization, in which it is necessary to establish the following:

• terms of signing documents by the employee and familiarizing oneself with them;

• procedure for sending relevant notifications by the employer;

• exceptions when it is permissible to issue documents on paper;

• other conditions.

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