FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 272-FZ

About modification of separate legal acts of the Russian Federation concerning increase in responsibility of employers for violations of the law in the part concerning compensation

Accepted by the State Duma on June 15, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; 2005, No. 1, Art. 9, 13, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; 2006, No. 1, Art. 10; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279; No. 52, Art. 5498; 2007, No. 1, Art. 21, 29; No. 16, Art. 1825; No. 17, Art. 1930; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; No. 20, Art. 2251; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2715; No. 23, Art. 3260; No. 27, Art. 3873; No. 29, Art. 4290, 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7640; 2013, No. 14, Art. 1651, 1666; No. 19, Art. 2323, 2325; No. 26, Art. 3207, 3208; No. 27, Art. 3454, 3470; No. 30, the Art. 4025, 4029 - 4032, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Art. 4191; No. 43, Art. 5443 - 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6161, 6165; No. 49, Art. 6327, 6341; No. 51, Art. 6683, 6685, 6695; No. 52, Art. 6961, 6980, 6986, 7002; 2014, No. 6, Art. 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6642, 6651; No. 52, Art. 7541, 7550, 7557; 2015, No. 1, Art. 29, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 18, Art. 2614, 2620; No. 21, Art. 2981; No. 24, Art. 3370; No. 27, Art. 3945; No. 29, Art. 4359, 4374, 4376, 4391; No. 41, Art. 5629, 5637; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710; No. 51, Art. 7250; 2016, No. 1, Art. 11, 28, 59, 63, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1491, 1493; No. 18, Art. 2514; No. 23, Art. 3285) following changes:

Article 5.27 to state 1) in the following edition:

"Article 5.27. Violation of the labor law and other regulatory legal acts containing regulations of labor right

1. Violation of the labor law and other regulatory legal acts containing regulations of labor right if other is not provided by parts 3, 4 and 6 these Articles and Article 5.27.1 of this Code, -

attracts the prevention or imposing of administrative penalty on officials at the rate from one thousand to five thousand rubles; on persons performing business activity without formation of legal entity - from one thousand to five thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles.

2. Making of the administrative offense provided by part of 1 this Article, person which is earlier subjected to administrative punishment for similar administrative offense -

attracts imposing of administrative penalty on officials at the rate from ten thousand to twenty thousand rubles or disqualification for a period of one year up to three years; on persons performing business activity without formation of legal entity - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to seventy thousand rubles.

3. The actual assumption to work as person which is not authorized on it by the employer if the employer or his representative on it the representative refuses to recognize the relations which arose between person which is actually allowed to work and this employer, employment relationships (does not conclude with person which is actually allowed to work, the employment contract), -

attracts imposing of administrative penalty on citizens at the rate from three thousand to five thousand rubles; on officials - from ten thousand to twenty thousand rubles.

4. Evasion from registration either inadequate execution of the employment contract or the conclusion of the civil agreement which is actually governing employment relationships between the worker and the employer -

attracts imposing of administrative penalty on officials at the rate from ten thousand to twenty thousand rubles; on persons performing business activity without formation of legal entity - from five thousand to ten thousand rubles; on legal entities - from fifty thousand to hundred thousand rubles.

5. Making of the administrative offenses provided by part 3 or 4 of this Article, person which is earlier subjected to administrative punishment for similar administrative offense -

attracts imposing of administrative penalty on citizens in the amount of five thousand rubles; on officials - disqualification for a period of one year up to three years; on persons performing business activity without formation of legal entity - from thirty thousand to forty thousand rubles; on legal entities - from hundred thousand to two hundred thousand rubles.

6. Nonpayment or incomplete payment at the scheduled time of the salary, other payments performed within employment relationships if these actions do not contain penal act, or establishment of the salary in the amount of less than the size provided by the labor law -

attracts the prevention or imposing of administrative penalty on officials at the rate from ten thousand to twenty thousand rubles; on persons performing business activity without formation of legal entity - from one thousand to five thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles.

7. Making of the administrative offense provided by part 6 of this Article, person which is earlier subjected to administrative punishment for similar offense if these actions do not contain penal act, -

attracts imposing of administrative penalty on officials at the rate from twenty thousand to thirty thousand rubles or disqualification for a period of one year up to three years; on persons performing business activity without formation of legal entity - from ten thousand to thirty thousand rubles; on legal entities - from fifty thousand to hundred thousand rubles.";

2) in Article 23.1:

a) regarding 1 word "parts 4 and 5 of Article 5.27" shall be replaced with words "parts 2, of the 5 and 7 Article 5.27";

b) regarding 2 words "parts 1 -" shall be replaced with words 3 Articles 5.27 "parts 1, of 3, of the 4 and 6 Article 5.27";

"Parts 1 - 3 Articles 5.27" shall be replaced with words 3) regarding 1 Article 23.12 of the word "parts 1, of 3, of the 4 and 6 Article 5.27";

"Parts 4 and 5 of Article 5.27" shall be replaced with words 4) in Item 16 of part 2 of Article 28.3 of the word "parts 2, of the 5 and 7 Article 5.27".

Article 2

Bring in the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; No. 30, Art. 3033; 2003, No. 27, Art. 2700; 2006, No. 27, Art. 2878; 2011, No. 30, Art. 4590; 2012, No. 18, Art. 2127; 2013, No. 52, Art. 6986; 2014, No. 45, Art. 6143) following changes:

Part the sixth Article 136 to state 1) in the following edition:

"The salary is paid at least everyone half-month. The specific payment date of the salary is established by employment policies and procedures, the collective agreement or the employment contract no later than 15 calendar days from the date of the end of the period for which it is added.";

Article 236 to state 2) in the following edition:

"Article 236. Liability of the employer for payment delay of the salary and other payments which are due to the worker

In case of violation of fixed term by the employer according to salary payment, leave allowance, payments in case of dismissal and (or) other payments which are due to the worker, the employer shall pay them with interest payment (monetary compensation) at a rate of not less than the one hundred fiftieth key interest rate of the Central bank of the Russian Federation operating at this time from the amounts which are not paid in time for each day of delay since next day after fixed term of payment till day of the actual calculation inclusive. In case of incomplete payment at the scheduled time of the salary and (or) other payments which are due to the worker, the size of percent (monetary compensation) is estimated from the amounts which are actually not paid in time.

The size of the monetary compensation paid to the worker can be increased by the collective agreement, the local regulation or the employment contract. The obligation on payment to the specified monetary compensation arises irrespective of availability of fault of the employer.";

The paragraph the fourth parts seven of Article 360 to add 3) with words ", and also led to nonpayment or incomplete payment at the scheduled time of the salary, other payments which are due to workers or to establishment of the salary in the amount of less than the size provided by the labor law";

4) in Article 392:

a) add with new part two of the following content:

"Behind permission of individual employment dispute about nonpayment or incomplete salary payment and other payments which are due to the worker he has the right to take a legal action within one year from the date of fixed term of payment of the specified amounts, including in case of nonpayment or incomplete salary payment and other payments which are due to the worker in case of dismissal.";

b) the second to consider part part three;

c) part third to consider part four and in it words "parts one and" shall be replaced with words the second "parts one, second and third".

Article 3

Bring in article 29 of the Civil Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 46, Art. 4532; 2012, No. 7, Art. 784; 2013, No. 19, Art. 2326; 2015, No. 29, Art. 4390) following changes:

1) in part six the word of "labor" to exclude;

To add 2) with part shestoy.3 the following content:

"6.3. Claims for recovery of labor rights can be made also in court at the place of residence of the claimant.";

3) part the ninth after the words "from agreements" to add with the words "including labor".

Article 4

This Federal Law becomes effective after ninety days after day of its official publication.

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