Authorities want to tighten control over grey salaries and the self-employed

The list of risk indicators that may become a reason for an on-site inspection of an employer for violation of mandatory requirements in the sphere of labor law needs to be expanded. This is stated in a letter from the director of the department of state policy in the sphere of licensing, control and supervisory activities, accreditation and self-regulation of the Ministry of Economic Development Alexander Vdovin to the deputy head of the Analytical Center under the government Mikhail Pryadilnikov, writes RBK, which has obtained the document. It contains relevant proposals from "interested federal executive authorities."

Among other things, it is proposed to add new factors to the list that, from the authorities’ point of view, may indicate employer abuses, such as the use of grey wage practices, as well as the substitution of employment relationships with contracts with the self-employed.

In particular, the Ministry of Economic Development proposes to supplement the list with the following new risk indicators:

— the employer’s accrual of wages for each month of the previous quarter below the minimum wage (in 2024 - 19,242 rubles) to 60 or more employees, given that their share is 50% of the staff or more;

— failure to reduce the number of employees when the wage fund is reduced by 80% or more per quarter (with a number of employees of 15 or more);

— interaction of an organization or individual entrepreneur (IE) with more than 35 self-employed individuals with an average monthly income from the said organization/IE of more than 35 thousand rubles and a duration of work of more than three months. An additional condition is proposed to establish the share of income from the given organization/IE in the income of the self-employed individual at a level of 90% or higher;

— a reduction in wages for 25% or more of employees of a medical organization (doctors, medical workers with higher education, middle and junior medical personnel).

As emphasized in the office of Deputy Prime Minister Dmitry Grigorenko, who is overseeing the reform of control and supervisory activities, risk indicators are the "most important" tool of the risk-oriented approach. "The indicator itself is not a violation, but it indicates to the control and supervisory body a high probability of a violation, which must be checked," they explained there.

In turn, the Ministry of Economic Development stated that the risk-oriented approach "shifts the vector of control from punishment for violations to their prevention." "At the same time, supervision of compliance with mandatory requirements does not weaken, and entrepreneurs can concentrate on their activities without being distracted by communications with regulatory authorities," the department explained. They claim that with this approach, the share of inspections that end in the detection of violations is about 90%.

Now the new risk indicators proposed by the Ministry of Labor must be approved by the Ministry of Economic Development, and then undergo expert and public discussions before they are approved by order of the Ministry of Labor and registered by the Ministry of Justice.

In the future, the Federal Service for Labor and Employment (Rostrud) will use this order of the Ministry of Labor as a guide when conducting on-site inspections.

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