The expert explained the initiative to identify the substitution of labor relations

The initiative of the Ministry of Labor to introduce a risk indicator will make it possible to pinpoint cases of substitution of labor relations when working with the self-employed against the background of their growing number in Russia. We are talking about situations where specialists are massively transferred to this status, while maintaining the actual employment format. Anastasia Ryazantseva, head of tax support at Solar Staff, told Izvestia on March 19.

"It is important that such criteria are applied carefully and do not create additional risks for companies that actually work with independent performers," the expert noted.

Ryazantseva explained that in some cases, employees actually continue to work in the same mode — with a fixed schedule, subordination to internal rules and dependence on one customer. In such situations, we are not talking about project employment, but about an attempt to optimize personnel costs.

At the same time, the expert stressed that the flexible employment market in Russia has grown significantly and has become more diverse. Many specialists consciously choose the self-employment format, working with several customers and managing their own workload. In this case, such a model is a full-fledged form of independent activity.

Self-employment can be distinguished from an employment relationship by a number of criteria. In the project model, the contractor determines the schedule himself, is not included in the organizational structure of the company and receives payment for a specific result. If he works according to a set schedule, obeys internal rules and depends on one customer, such a relationship can be recognized as an employment relationship.

The expert recommended that businesses work with the self-employed as transparently as possible: correctly draw up contracts, clearly describe the result and avoid signs of actual employment. This minimizes the risks of inspections and retraining of relationships.

In her opinion, the flexible employment market in Russia is gradually moving towards a more mature regulatory model. The further development of the segment will depend on how clearly it is possible to distinguish between independent work and classic labor relations, as well as ensure transparency of the rules for businesses and performers.

On March 4, the Ministry of Labor proposed (item No. 10) to introduce a new indicator of the risk of substitution of labor relations: the reason for checking may be a situation when more than ten employees of one company leave and register as self-employed in the next quarter and receive income from 25 thousand rubles per month from another company.

On February 24, Yaroslav Nilov, chairman of the State Duma Committee on Labor, Social Policy and Veterans' Affairs, proposed limiting the regime of the self-employed to services for individuals and revising its parameters. He believes that this procedure should apply to services provided only to individuals (services of nannies, tutors, household assistants), and activities related to the rental of residential and commercial real estate.

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