Please kindly find a brief digest of legal news below.
1. PERSONAL DATA
The stricter liability for personal data violations:
2. THE «MORATORIUM» ON BUSINESS INSPECTIONS IN 2024
The Russian Government has extended the "moratorium" on business inspections. Since not all inspections are subject to the "moratorium", we strongly recommend checking your company on the registry: https://proverki.gov.ru/portal
For more details, please follow the link: The “moratorium” on business inspections: true or false? (ab-lawyers.ru)
3. HR ISSUES
The restriction to dismiss single parents with children under the age of 16
Employers will not be able to dismiss single parents with children under the age of 16 (previously 14) with the exception of:
An employee cannot be deprived of a bonus due to a disciplinary action
The Russian Constitutional Court stated that depriving an employee of a bonus for a disciplinary action shall be adequate and reasonable.
If an employer plans to deprive an employee of a guaranteed bonus, one shall meet the following conditions:
We highly recommend to revise your bonus payment policies and rules to mitigate employees bonus challenge actions.
1. PERSONAL DATA
The stricter liability for personal data violations:
- the fine for processing personal data without a subject's consent has been increased to 300,000 rubles for officials and 700,000 rubles for companies,
- the fine for repeated processing of personal data without a subject's consent may now be up to 500,000 rubles for officials, up to 1 million rubles for sole proprietorships and up to 1.5 million rubles for companies,
- the liability is established for the unlawful disclosure of a subject's biometrical personal data (e.g. photo, fingerprint, voice recording) in the Unified biometric system and other IT-systems that are used to identify a particular person. Fines for the new offence may be up to 300,000 rubles for officials and up to 1 million rubles for companies.
2. THE «MORATORIUM» ON BUSINESS INSPECTIONS IN 2024
The Russian Government has extended the "moratorium" on business inspections. Since not all inspections are subject to the "moratorium", we strongly recommend checking your company on the registry: https://proverki.gov.ru/portal
For more details, please follow the link: The “moratorium” on business inspections: true or false? (ab-lawyers.ru)
3. HR ISSUES
The restriction to dismiss single parents with children under the age of 16
Employers will not be able to dismiss single parents with children under the age of 16 (previously 14) with the exception of:
- company liquidation
- dismissal for violation of discipline
- loss of trust
- submission of false documents upon recruitment
An employee cannot be deprived of a bonus due to a disciplinary action
The Russian Constitutional Court stated that depriving an employee of a bonus for a disciplinary action shall be adequate and reasonable.
If an employer plans to deprive an employee of a guaranteed bonus, one shall meet the following conditions:
- the disciplinary action does not constitute grounds for a bonus deprivation for the entire period of its action
- the bonus cuts are reasonable and adequate
- the disciplinary action is only relevant for the period when the bonus is paid (i.e. a bonus for January 2024 cannot be cancelled due to a disciplinary action in 2023)
We highly recommend to revise your bonus payment policies and rules to mitigate employees bonus challenge actions.