New mandatory report to the employment center from October 1

In 2021, Rostrud recommended that employers submit quarterly reports on employees of pre-retirement age. The first time this was done at the end of 9 months of 2021, the second time at the end of 2018.

In 2021, this report is no longer required. It was canceled back in 2021 in accordance with letters from Rostrud dated February 22, 2019 No. 614-TZ and dated November 15, 2018 No. 4453-TZ.

Employment services also post notices about the cancellation of the report on their websites. For example, such information is available on the official website of the Moscow Center for Significance.

How did the report to the employment center on future retirees appear?

Rostrud announced the new reporting form in letter No. 858-PR dated July 25, 2018.

According to the letter, Rostrud instructs employment agencies to conduct periodic monitoring of the number of people of pre-retirement age. That is, those people who will retire in the next reporting year.

The form requires information about employees:

• men born between 1960 and 1963;
• women born between 1965 and 1968.

The form has not been approved at the legislative level. The letter from Rostrud proposes a recommended reporting form.

Deadline for submitting information

The general deadline for submitting information from the employment service to Rostrud is set until the 15th day of the month for the reporting period. The exact dates for the provision of data by employers to the Center for Labor Protection are currently being clarified. Presumably, report for the 3rd quarter. 2021 is required before 03-05.10.2018. Keep in mind that if employees of pre-retirement age left the organization during the reporting period, information must still be submitted for such persons.

An example report can be downloaded here . It is recommended to check the exact form with your employment service office. All employers are required to submit the document, regardless of the legal form of ownership and industry sector of the business.

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Who should submit the report?

Starting with data for the third quarter of 2021, employers must submit a new employee report. This follows from the Letter of Rostrud of Russia dated July 25, 2021 No. 858-PR “On conducting quarterly monitoring of information about organizations (employers) and the number of employees of organizations that are not pensioners, as well as monthly monitoring of the implementation of measures to promote the employment of citizens of pre-retirement age.”

It follows from the letter that employers must submit a new report to regional employment services. It must include information on the number of employees who are not pensioners.

There are no clear and unambiguous requirements for the form and procedure for submitting the new report. However, for example, the State Public Institution TsZN of the Osinsky district of the Perm Territory reports that such information can be submitted in the form of a scanned copy by e-mail, in person or by regular mail. Simply put, you can choose any convenient option.

Rostrud of the Russian Federation (Federal Service for Labor and Employment) By letter dated July 25, 2018 N 858-PR, sent out to its divisions a new recommended form No. 1 of the quarterly report for monitoring information about organizations (employers) and the number of workers of pre-retirement age (men born in 1959, women born 1964).

Thus, employment services were given an order “from above” that they must organize a quarterly collection of information from legal entities about pre-retirement workers: those who continue to work and those who were dismissed during the reporting period at the initiative of the employer. This means that records will be made of every employee who has 5 years left until retirement in order to prevent the unjustified dismissal of such people.

Time will tell how successful the idea will be. In the meantime, we’ll look at what is known about the new form today:

• the form is addressed to employment services, not employers;
• the Rostrud Letter does not specify the range of organizations required to submit a report;
• the form is filled in with a cumulative total;
• There are no explanations for filling it out yet;
• no obligation to submit a report is established by any law;
• There are also no specific deadlines for submitting reports for employers;
• There is no penalty for failure to submit (late submission or incorrect completion) of the report.

The form “Information on the organization and the number of employees of the organization who are not pensioners” has not yet been officially approved. Local employment centers and regional authorities post recommended forms on their websites. As a rule, the forms are the same by region and have the following details:

• name of company,
• TIN;
• checkpoint;
• the number of employees born in 1959 and 1964 who work for the company and left during the reporting period.

In our opinion, individual entrepreneurs who are employers must also submit a new report to the regional offices of the employment service.

Simplified magazine called regional employment centers and learned about problems with passing zeros. Some centers say that zero marks must be taken. Some - that it is not necessary. Therefore, when submitting a zero report, you need to inquire at your employment center.

In the capital and some employment centers in the Moscow region, they began to require reports from all employers, even from those for whom pre-retirement workers have never worked. Blank reports are waiting in employment centers: Dorogomilovo, Brateevo, Maryino, Sokolniki, Northern Medvedkovo Moscow and Krasnogorsk, Moscow Region.

In other regions, information centers expect information only from those companies in which men born in 1959 and women born in 1964 work or worked this year. The centers received lists of such organizations from the Pension Fund of Russia and sent notifications to these firms that they needed to submit reports. We were told about this at the employment centers of Perm, Novosibirsk, Samara and Kaluga. And in Khimki they added that companies should not even dare submit empty reports, because they are already overwhelmed with documents.

Check if you received the notification. And if you haven’t received it, then check to see if you have any working or laid off pre-retirees. Perhaps the notification from the employment center was simply lost. If the company does not have pre-retirement employees, then call your employment center and find out if they are waiting for blank reports. A telephone number for consultations is available on the websites of employment services. For example, in the picture below is a screenshot from the Moscow Employment Center website.

Who submits the report to the employment center can be understood from the form. A report to the employment center is provided for all employers - both legal entities and individual entrepreneurs.

A new report must be sent to the employment center.

Many accountants have already heard that from October 1, 2021, a new report on employees who are not pensioners must be submitted to the employment service.

Additional reporting forms that need to be submitted to extra-budgetary funds and regulatory authorities have appeared in connection with changes in pension legislation. Now regional Employment Centers must quarterly send information to Rostrud on the number of citizens of pre-retirement age working at enterprises and individual entrepreneurs (Rostrud letter dated July 25.

All employers must submit a new report to the employment center. As of October 1, 2021, it is necessary to indicate information about employees - men born in 1959 and women born in 1964 who are not pensioners. If there are none, the head of the enterprise needs to submit a form with zero indicators. This condition is indicated in the notices sent to employers by regional employment centers.

The form for a new report to the employment center, which must be submitted from October 1, 2021, is given in letter No. 858-PR.

New report to the employment center from October 1, 2021, a sample filling is shown in the figure

The new reporting form contains data on the number of only those employees who will reach retirement age in 2021. The data also takes into account employees working on an external part-time basis. Those employees who have already received a preferential pension or are receiving the right to early retirement in 2021 are not included in the new report in October 2021. Organizations that have separate divisions draw up a general reporting form and send it to the place of registration of the parent enterprise.

So far, the legislation does not contain provisions on the liability of employers for the absence of a new report to the employment center from October 1, 2021; there is no fine for this. But employers should take into account that the new reporting form is considered mandatory by Rostrud. This was stated in the review of current issues to which the department provided answers in October 2018. In the near future, corresponding amendments are planned to be made to administrative and labor legislation.

Job Vacancy Report

When generating data on vacancies, the employer should not show places with the possibility of temporary employment. For example, the jobs of employees who are temporarily absent are not considered vacant. The absence of a basis for including positions in the report is due to the fact that there are employment contracts with temporarily absent employees. There are several job statuses and reasons for temporary absence that are not required to be reported to the Labor Center.

Obligation of employers to provide information about employees

The official form “Information about the organization and the number of employees of the organization who are not pensioners” has not yet been approved.
Some regional employment services have posted the recommended forms on their websites. Based on them, we compiled a sample of a new report for employees. The form must indicate:

• Name of the organization,
• TIN
• checkpoint
• average number
• number of employees born in 1959 and 1964

It is also necessary to list both pre-retirement workers working on the reporting date and those who left work during the reporting period. There is no need to indicate personal information about employees in this report.

The letter from Rostrud is of a recommendatory nature. In addition, the text of the letter is addressed to regional central centers. Employers have every right not to draw up or send these reports to the Central Employment Center.

If the employer decides to report, it is better to clarify the procedure for submitting analyzed reports to the employment center in 2021 with the regional employment service.

The employment authorities expected the first report to the Central Employment Center on pre-retirement age in October. This is exactly the deadline set by Rostrud in its letter.

The report to the employment center on pensioners is quarterly. For the fourth quarter it must be submitted by 01/15/2019.

The employer is recommended to check the deadline for sending the report on Form No. 1 at his employment center. Regional authorities are asked to report a little earlier than the 15th.

The legislative norm for the activities of the center is the Federal Law of April 19, 1991 No. 1032-1 (as amended on July 3, 2018). Employers are obliged to promote employment of the population (Article 25 of the Federal Law “On Employment”). As part of the assistance measures, employers must:

1. Notify the service about the planned reduction of employees, indicating information about positions, qualification requirements and payment terms. Employer organizations must notify 2 months in advance, individual entrepreneurs - no later than 2 weeks before the start of the event. In case of mass layoffs, the notice period increases to 3 months.
2. Inform about the transfer of the work schedule to part-time, shortened weeks, or suspension of the enterprise. The service is notified within 3 days from the date of the decision.
3. Provide information on the completion of the bankruptcy procedure (monthly).
4. Notify about the availability of vacant positions (monthly).
5. Report on the fulfillment of the quota for people with disabilities, the creation of new jobs and the availability of vacancies for the work of people with disabilities (monthly).
6. Report the acceptance or refusal of employment of persons referred by the Employment Center. When hiring persons by referral, notification is made within 5 days; in case of refusal, special notification to the authority is not required; the corresponding note is included in the referral for employment.

The obligation to provide information on the employment of disabled people arises in the presence of a quota established on the basis of Federal Law No. 181-FZ of November 24, 1995. The size of the employment quota depends on the number of employees.

When calculating the number, employees working in dangerous or harmful working conditions that do not provide for the hired labor of disabled people are not taken into account. Employers with an average number of employees of less than 35 people do not submit reports due to the absence of an obligation to implement quotas.

The composition of the information is determined by the requirements of the territorial departments of the center, which develop their own forms. The data mainly includes indicators:

• Number of average number of employees.
• Number of jobs determined by quota.
• Vacancies provided for the work of persons with disabilities.
• Positions created for persons with disabilities and required qualifications.
• Work schedule, working hours.
• Remuneration for vacant positions, social guarantees.

The labor activity of disabled people provides for special working conditions, the implementation of an individual rehabilitation program, which is taken into account when creating places and ensuring conditions according to quotas.

The basis for reporting is the letter of Rostrud dated July 25, 2018 No. 858-PR. There is no statutory obligation.

According to the requirements specified in the letter from Rostrud, it is necessary to provide information about persons of pre-retirement age in the forms specified in the appendix to the letter. The basis is the need to monitor data on workers of pre-retirement age.

Head V.L. Vukolov

Despite the absence of a legislative provision, information about the obligation to provide information has been communicated to individual employers. The deadline for submitting data is the 15th day of the month following the reporting quarter. The letter does not contain information about the need to submit information if there are no persons of the specified age on staff.

The situation was explained by Deputy Head of the Federal Service for Labor and Employment I.I. Shklovets:

• The information specified in the letter concerns the regional services of the central control center. Departments receive some information through interdepartmental exchange; other information will be requested from employers.
• Enterprises that do not have employees of pre-retirement age submit a report with zero indicators or a letter with relevant information.
• The procedure for submitting data (specific deadlines, obligation to submit zero forms, form of transmission) is regulated by the territorial office.

Information about the need to submit a report is sent to the employer by the regional service by mail or telephone. Employers can obtain information on their own on the CZN website.

The form presented in the letter must contain information about employees of pre-retirement age - men born in 1959. and women born in 1964, including:

• Number of working men and women at the beginning of the quarter.
• Similar information available at the reporting date.
• Of the number of employees indicated as of the reporting date, the number of employees who continued to work after training.
• The number of employees dismissed during the reporting period, highlighting the number of persons with whom the contract was terminated at the initiative of the employer.

The report is signed by the manager and the executor. The form must contain brief information about the organization or individual entrepreneur, indicating the name, INN, KPP (if available).

Error No. 1. A significant number of employers received a newsletter with a letter from Rostrud about submitting information on employees of pre-retirement age, which is not a requirement, but a request from the Ministry. The opinion about imposing sanctions on persons who have not followed the recommendations of Rostrud regarding the provision of information is erroneous.

All organizations that have employees of certain ages are required to report (see below). The form of ownership and the applied taxation regime do not matter in this case.

Thus, in addition to 6-NDFL, calculation of insurance premiums and 4-FSS for the 3rd quarter, you need to additionally report on a new form (see form below).

As part of the pension reform, the Government wants to have more information about citizens who will soon retire (minutes of the Government meeting dated June 14, 2018 No. 16). Therefore, it set Rostrud the task of collecting data on them every three months.

The list of documents that employers are required to provide to government agencies has been supplemented with a new form - this is a report to the employment center about employees of pre-retirement age.

This report is not provided for by any legal act, but the Government has set a deadline for its submission and the first form must be submitted in less than two weeks (by October 15, then quarterly, by the 15th of the month following the reporting month).

In what form is the new report on employees of pre-retirement age submitted, who must submit it and what is the responsibility for neglecting this newly emerged obligation, this will be discussed further in the article.

It became known in July of this year that a report on employees of pre-retirement age would be introduced for the employment service.

Rostrud sent a corresponding letter to the territorial offices and employment centers, its details: No. 858-PR, date of acceptance - 07/25/2018.

At the same time, the document was officially published, thus the information was communicated to employers. In addition, employment centers were instructed to organize quarterly monitoring.

At the beginning of the letter, the government agency refers to decisions of the Government of the Russian Federation, in particular the Ministry of Labor and Social Development and the Federal Service for Labor and Employment, as the basis for issuing this document.

So far, on the basis of the Employment Law No. 1032-1, adopted back in 1991, employers are required to submit monthly information to the employment service on the basis of Art. 25:

• about the availability of available jobs and current vacancies;
• on allocated workplaces intended for the employment of disabled people (in accordance with a certain quota).

So far, no amendments to Law No. 1032-1 regarding reports on pre-retirees have been adopted.

That is, a quarterly report on pre-retirees is not provided for either by this law or by any other legal act; it is mentioned only in the above-mentioned letter from Rostrud.

The official name of this initiative by officials, given in the letter, is quarterly monitoring of information about organizations (employers) and the number of employees of organizations that are not pensioners.

What is “pre-retirement age” in Russia?

Some websites provide information that those organizations that do not employ pre-retirement workers are exempt from the obligation to submit such reports.

But from the title of the report, the text of the letter and the form itself, it follows that all business entities using hired labor must provide it, and not just those with employees, men and women born in 1959 and 1964 (men and women, respectively) or earlier. There is no reason for any other interpretation.