- Статьи
- Economy
- Before the trial and investigation: The authorities want to start business automatically
Before the trial and investigation: The authorities want to start business automatically
The Ministry of Labor is working on an initiative to automatically initiate cases against companies, Izvestia found out. This will apply to violations when employers do not send information about their employees to the Social Fund. As a result, people have difficulty confirming their work experience and receiving benefits. Now a significant part of the violations simply "burns out" before they reach the case due to the slow review and preparation of protocols. Automatic recording can increase the number of cases significantly, experts say. How the new system will affect the control of employers and the protection of employees' rights is described in the Izvestia article.
Why do we need an automatic case initiation mechanism?
Employers are required to submit information about their work to the Social Fund, including information about employment and dismissal. Fines are provided for failure to provide or late transmission of such information. Violations are recorded immediately, even if the delay was several hours, said Lyudmila Ivanova-Shvets, Associate professor of the Basic Department of the CCI of the Russian Federation "Human Resource Management" at Plekhanov Russian University of Economics.
— Now, prosecution for failure to provide information works in two steps. The Social Fund records the violation, transmits the data to the State Labor Inspectorate, which already draws up a protocol and issues a resolution," explained Anastasia Gorelkina, Deputy Chairman of the Board of Directors of HC Siberian Business Union.
Moreover, the fines for such violations at the moment remain quite low: for officials they amount to only 300-500 rubles. At the same time, the SFR also has the right to impose penalties on companies — 500 rubles for each insured employee who was "lost" in the report.
In practice, this whole chain works slowly, and the statute of limitations under the Administrative Code is only a year. Many violations simply "burn out" before reaching the resolution, the expert noted.
In this regard, the Ministry of Labor plans to work out the issue in order to automatically hold the employer accountable, without drawing up a protocol, follows from the department's report (Izvestia has it).
If the system works according to the "electronics fixes, the resolution is formed without a protocol" model, the number of cases can multiply, Anastasia Gorelkina believes. According to her, the experience of automating traffic control clearly confirms this.
There is no open data on the number of recorded violations, but there are enough of them, Lyudmila Ivanova-Shvets noted. At the same time, the process of holding organizations accountable can take several months.
Automated systems analyze data without the participation of inspectors, using artificial intelligence to identify errors and inconsistencies, explained Maxim Barashev, managing partner of BBNP law firm.
According to him, failure to provide information about employees is not one of the most widespread violations, but it occurs regularly in certain business segments.
— Large businesses and the public sector almost always report on time and in full, while the average business is quite disciplined, but sometimes makes mistakes. The main risk group is small companies and sole proprietors with high staff turnover. There are frequent violations of deadlines, incomplete data and errors in filling," he said.
Thanks to digitalization and increased state control, the number of violations is gradually decreasing, the expert added. In his opinion, the introduction of automated mechanisms can speed up this process. Izvestia sent a request to the Social Fund.
Do I need to automate fines for businesses
Employment data forms an electronic workbook. Without them, a person has difficulties confirming their length of service, receiving benefits through the SFR, as well as finding employment: a new employer, when checking through the public services portal, will see only the last place of work, explained Anastasia Gorelkina from the Siberian Business Union. Therefore, it is important to establish control in this area so that conscientious employees do not suffer.
Trends towards increased control and digitalization continue to evolve and reflect the overall strategy for modernizing public services in Russia, said Maxim Barashev from BBNP. At the same time, the introduction of an automated accountability mechanism is a complex and multi-step process that requires an integrated approach, taking into account technical, legal and organizational factors.
After the introduction of the new system, technical software failures, delays in the electronic document signing chain, or operator errors can lead to automatic fines even before the company has time to sort out the situation.
In this regard, it is fundamentally important whether the legislator will provide a mechanism for "short-term" challenging such rulings, Anastasia Gorelkina emphasized. Without it, automation risks becoming a generator of massive formal penalties for those who simply did not have time to reboot the 1C operating system on the right day, the expert warned.
The new procedure may also create risks for companies related to technical, legal, operational and reputational aspects, Maxim Barashev agreed. These are, for example, errors and all kinds of malfunctions, false alarms. In addition, the systems may not take into account the nuances of specific situations that require an individual approach, he explained.
In general, according to the expert, automation of control can increase the effectiveness of supervision. However, businesses will have to make efforts to minimize risks.
Переведено сервисом «Яндекс Переводчик»
