From the days of the Soviet Union, we had a ban on sending many official documents abroad, including employment record books. This ban was an obstacle for companies in fulfilling obligation to return the document to an employee.
The Russian laws have been consistently updated to the recent growing trend on relocation by equalizing “expatriates” rights with those who have remained in Russia. The most important changes are the “localisation” of personal income tax and the employees’ right to demand an employment record book to be posted abroad, effective since 1 January.
Manual:
NB: An employee may apply for posting an employment record book (Article 62 of the Labour Code of the Russian Federation) or an employer should post it back when an employee has chosen to switch to a digital employment record book.
Problems
It is important both to post an employment record book and to get a confirmation that it has been delivered. When documents are sent within Russia, the Russian Post makes a list of enclosures and provides an acknowledgement of receipt, which clearly shows what you have sent and to whom. When they are sent abroad, neither the Russian Post nor couriers make the list of enclosures. As a result, a company has no proof that it has sent an employee the employment record book rather than, say, a collection of Esenin’s poems.
Lifehacks
Here are a few hints:
We also recommend that the rules for sending employment record books abroad should be carefully formulated in advance and formalised in local regulations. Specify that employees bear their own risk of not receiving the document abroad and are familiar with the particularities of postal and courier services
The Russian laws have been consistently updated to the recent growing trend on relocation by equalizing “expatriates” rights with those who have remained in Russia. The most important changes are the “localisation” of personal income tax and the employees’ right to demand an employment record book to be posted abroad, effective since 1 January.
Manual:
- a company should notify/invite an employee on the day of employment termination to come and collect an employment record book or ask for a consent to post it
- once the consent has been given, an employer should post an employment record book to the address provided by an employee (even if it is outside Russia).
NB: An employee may apply for posting an employment record book (Article 62 of the Labour Code of the Russian Federation) or an employer should post it back when an employee has chosen to switch to a digital employment record book.
Problems
It is important both to post an employment record book and to get a confirmation that it has been delivered. When documents are sent within Russia, the Russian Post makes a list of enclosures and provides an acknowledgement of receipt, which clearly shows what you have sent and to whom. When they are sent abroad, neither the Russian Post nor couriers make the list of enclosures. As a result, a company has no proof that it has sent an employee the employment record book rather than, say, a collection of Esenin’s poems.
Lifehacks
Here are a few hints:
- Advise an employee to include in the application the full name and address of a proxy in Russia who will be able to collect and hold an employment record book.
- Release an employment record book to a representative under a notarised power of attorney.
- Make a written statement in the presence of several witnesses confirming posting an employment record book.
- Try asking the courier service to provide a document, using their standard form or any other form, confirming what you have sent and to whom.
We also recommend that the rules for sending employment record books abroad should be carefully formulated in advance and formalised in local regulations. Specify that employees bear their own risk of not receiving the document abroad and are familiar with the particularities of postal and courier services