Statutes of Rostrud

The Government of the Russian Federation decrees:

To ratify the attached Regulation on the Federal Service for Labour and Employment.

Head of the Government

of the Russian Federation 

M.FRADKOV

Ratified by

the Order of the Government  

of the Russian Federation No.324

from June 30, 2004 

REGULATION ON THE FEDERAL SERVICE FOR LABOUR AND EMPLOYMENT 

1. The Federal Service for Labour and Employment (Rostrud) is a federal executive body performing the functions of control and supervision over labor, employment, alternative civilian service, special assessment of workplace conditions and social protection issues; provision of state services in connection with employment promotion and protection against unemployment, labor migration, and settlement of collective labor disputes; and provision of social guarantees for socially disadvantaged groups stipulated by the laws of the Russian Federation. 

2. The Federal Service for Labour and Employment is under the jurisdiction of the Ministry for Labor and Social Protection of the Russian Federation. 

3. The Federal Service for Labour and Employment is governed by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation and the Government of the Russian Federation, international agreements of the Russian Federation, statutory acts of the Ministry for Labor and Social Protection of the Russian Federation, and this Regulation. 

4. The Federal Service for Labour and Employment operates directly and through its local offices, in cooperation with other federal executive bodies, executive bodies of subjects of the Russian Federation, self-governing authorities, non-governmental organizations, and other organizations.

5. The Federal Service for Labour and Employment exercises the following powers:

5.1. exercises state supervision and control over:

5.1.1.compliance by employers with the labor legislation and other statutory acts, which include labor regulations, through inspections, checks, issuance of binding orders to rectify detected violations, execution of protocols on administrative offences within the limits of its competence, preparation of other materials (documents) on holding accountable those responsible under the federal laws and other statutory acts of the Russian Federation;

5.1.2. compliance with the established procedure for investigating and reporting of occupational accidents;

5.1.3. exercising by state agencies of subjects of the Russian Federation of their powers  of providing the officially unemployed with welfare benefits; with the right to conduct inspections and issue binding orders to rectify employment legislation violations with regard to state guarantees of social support of the unemployed, to hold accountable those responsible under the laws of the Russian Federation, to dismiss executives of state employment agencies of subjects of the Russian Federation;

5.1.4. void.

5.1(1) exercises supervision and control over statutory regulation performed by state agencies of subjects of the Russian Federation with regard to providing the officially unemployed with welfare benefits and issuing binding orders;

5.1(1-1). exercises supervision of and control over payment of welfare benefits to the officially unemployed, with binding orders;

5.1(2). exercises supervision and control over exercise of employees’ rights to receive benefits under compulsory social insurance against occupational accidents and occupational diseases; and assignment, calculation and payment of temporary incapacity allowances by employers;

5.1(3). exercises federal state control (supervision) over provision of social services;

5.1(4). exercises supervision and control over scope and quality of execution by subjects of the Russian Federation of their powers to provide (and deliver) compensations and other payments to certain groups of individuals exposed to radiation as a result of the Chernobyl nuclear accident, the 1957 “Mayak” nuclear accident and nuclear waste dumping into the Techa river, and nuclear weapons testing on the Semipalatinsk test site;

5.2. exercises control over:

5.2.1 - 5.2.3. void.

5.2.4. alternative civilian service performed by individuals and their dismissal from the service;

5.2.5. allocation by executive agencies of subjects of the Russian Federation of federal subventions to execute their powers, within the limits of their competence;

5.2.6. provision of state social support guarantees to the unemployed, with binding orders issued by the Service;

5.2.7. procedure for assessing occupational capacity loss due to occupational injuries and diseases;

5.2.8. guardianship agencies that provide services to incapacitated and partly incapacitated adults.

5.3. accepts notifications of:

5.3.1. void

5.3.2. industry (cross-industry) agreements on national social partnership and interregional agreements;

5.3.3. collective labor disputes on conclusion, alteration, and fulfillment of agreements on national social partnership, collective labor disputes in organizations funded from federal budget, and collective labor disputes in cases when a strike as a means of settling such a dispute is not allowed under the laws of the Russian Federation;

5.4 - 5.4.13. void.

5.5. performs the following functions:

5.5.1. void.

5.5.2. reviews administrative offence cases under the laws of the Russian Federation;

5.5.3. void.

5.5.4. informs and consults employers and employees on the issues of compliance with labor legislation and other statutory acts that include labor regulations;

5.5.5. summarizes practical application of and analyzes reasons behind violations of labor legislation and statutory acts that include labor regulations, employment and alternative civilian service legislation; and makes proposals on how to improve those;

5.5.6. analyzes current situation with and reasons behind occupational injuries and makes proposals on how to avoid those;

5.5.7. implements federal employment programs;

5.5.7(1).void

5.5.8. makes decisions on transferring individuals, which performs alternative civilian service, between organizations;

5.5.9. designs plans to assign individuals to alternative civilian service;

5.5.10. provides assistance in settling collective labor disputes on conclusion, alteration, and fulfillment of agreements on national social partnership, collective labor disputes in organizations funded from federal budget, and collective labor disputes in cases when a strike as a means of settling such a dispute is not allowed under the laws of the Russian Federation;

5.5.11. provides training for labor arbitrators;

5.5.12. provides information on labor arbitrators listed in the database of labor arbitrators;

5.5.13. void.

5.5.14. conducts state assessment of workplace conditions to determine whether employees are provided with appropriate guarantees and compensations for working in harmful and (or) hazardous working conditions and to assess actual working conditions of employees;

5.5.15. establishes and keeps registers of receivers of state employment services;

5.5.16. accepts and keeps record of notifications of provision by legal entities and entrepreneurs of works and services under the register approved by the Government of the Russian Federation;

5.5.17. audits social protection organizations, other organizations, and entrepreneurs involved into social protection;

5.5.18. establishes and keeps the register of declarations of compliance of working conditions with statutory labor safety requirements;

5.5.19. makes decisions to terminate declarations of compliance of working conditions with statutory labor safety requirements;

5.5.20. addresses disputes in connection with special assessment of workplace conditions, employees’ disagreement with the findings of special assessment of their workplace conditions, and employers’ complaints about actions (or lack of actions) of an organization performing special assessment of workplace conditions;

5.5(1) - 5.5(2).void.

5.5(3).in cases stipulated by federal laws, makes proposals on revoking respective powers from state agencies of subjects of the Russian Federation and forwards them to federal executive agencies involved in state policy making and statutory employment and unemployment regulation;

5.5(4).analyzes circumstances of and reasons behind detected violations of labor laws and other statutory acts that include labor regulations, corrects such violations, and restores violated labor rights of individuals;  

5.5(5).participates in making proposals on attracting immigrant workforce and introducing quotas for foreign citizens working in the Russian Federation;

5.5(6).provides social guarantees for socially disadvantaged groups stipulated by the laws of the Russian Federation;

5.6. acts as the key manager and receiver of federal funds for the Service to operate and perform its functions;

5.6(1).acts as an operator of the information and analytical system “Russian National Database of Job Openings “Work in Russia” and is responsible for establishing, advancing, and modernizing the system; 

5.7. protects sensitive government information, within the limits of its competence;

5.8. receives visitors, ensures timely and complete review of public applications, renders decisions on such applications, and sends replies to applicants within time limits stipulated by the laws of the Russian Federation;

5.9. represents in court, in accordance with the established procedure, rights and lawful interests of the Russian Federation, with regard to issues within the competence of the Service;

5.10. provides mobilization training of the Service, control over and coordination of mobilization training of its local offices;

5.10(1). plans and implements civil defense efforts in the Service;

5.11. provides further vocational education of employees of the Service headquarters and its local offices;

5.12. collects, stores, keeps record of, and uses archive documents accumulated over the years of the Service operation;

5.13. cooperates, in accordance with the established procedure, with state agencies of foreign states and international organizations on respective issues;

5.14. procures products, works, and services under the laws of the Russian Federation and other statutory acts on contracting procurement of products, works and services for state and local needs;

5.15. performs other functions, if such functions are stipulated by federal laws and statutory acts of the President of the Russian Federation and the Government of the Russian Federation.

6. For the purpose of exercising its powers, the Federal Service for Labour and Employment has the right to:

6.1. conduct the required inspections, tests, expert reviews, analysis, assessments, and academic research on the issues related to control over and provision of state services;

6.2. provide explanations on the issues within the competence of the Service to legal entities and individuals;

6.3. request and receive information required to make decisions on the issues within the competence of the Service;

6.4. engage, according to the established procedure, scientific and other organizations, academics, and specialists to work on respective issues;

6.5. apply restrictive and preventive measures, as required by the laws of the Russian Federation, to prevent and (or) eliminate consequences of violations by legal entities and individuals of respective compulsory requirements;

6.5(1).execute protocols on administrative offences under the laws of the Russian Federation on administrative offences;

6.6. exercise control over local offices of the Service;

6.7. establish advisory and expert bodies (councils, commissions, groups, panels);

6.8. develop and approve, in accordance with the established procedure, designs of certificates of state labor inspectors.

7. The Federal Service for Labour and Employment may not engage in statutory regulation, except for the cases stipulated by decrees of the President of the Russian Federation and the Government of the Russian Federation, administer state-owned property, or provide fee-based services.

Limitation of powers of the Service stipulated in Paragraph 1 of this clause does not apply to the powers of the head of the Federal Service for Labour and Employment in connection with administering property managed by the Service, addressing personnel issues and operation issues of the Service, and supervising the Service (its structural departments, local offices). 

8. Head of the Federal Service for Labour and Employment is appointed and dismissed from office by the Government of the Russian Federation, upon the recommendation of the Minister for Labor and Social Protection of the Russian Federation. 

Head of the Federal Service for Labour and Employment is the chief state labor inspector of the Russian Federation.

Head of the Federal Service for Labour and Employment is personally responsible for performing the Service functions. 

Head of the Federal Service for Labour and Employment has deputies which are appointed and dismissed from office by the Government of the Russian Federation, upon the recommendation of the Minister for Labor and Social Protection of the Russian Federation.

Number of deputy heads of the Federal Service for Labour and Employment is determined by the Government of the Russian Federation. 

9. Head of the Federal Service for Labour and Employment performs the following functions:

9.1. delegates authorities to their deputies;

9.2. provides the Minister of Labor and Social Protection of the Russian Federation with:

9.2.1. a draft of regulation on the Service;

9.2.2. proposals on the maximum number and payroll fund of employees in the Service headquarters and its local offices;

9.2.3. proposals on appointing and dismissing deputy heads of the Service;

9.2.4. proposals on appointing and dismissing heads of local offices of the Service;

9.2.5. a draft of regulation on the Service’s local offices;

9.2.6. a draft of the annual performance plan and estimated performance parameters of the Service, and a performance report;

9.2.7. proposals on establishing the federal budget with regard to the Service funding;

9.2.8. proposals on bestowing honorary titles and awarding exemplary employees of the Service headquarters and its local offices, including the Certificate of Honor of the President of the Russian Federation and acknowledgement from the President of the Russian Federation;

9.3. appoints and dismisses employees of the Service headquarters and deputy heads of its local offices;

9.4. addresses, under the laws on the state service of the Russian Federation, the issues related to the federal state service in the Federal Service for Labour and Employment;

9.5. determines staff structure and staff schedule of the Service, within the limits on payroll funds and number of staff established by the Government of the Russian Federation, and establishes a cost estimate based on the level of federal funding ;

9.6. determines number of staff and payroll fund for the Service’s local offices, within the limits established by the Government of the Russian Federation, and establishes a cost estimate based on the level of federal funding;

9.7. void.

9.8. pursuant to and in execution of the Constitution of the Russian Federation, federal constitutional laws, decrees of the President of the Russian Federation and the Government of the Russian Federation, and the Ministry of Labor and Social Protection of the Russian Federation, issues orders within the competence of the Service. 

10. The headquarters of the Federal Service for Labour and Employment and its local offices are funded from the federal budget.  

11. The Federal Service for Labour and Employment is a legal entity, which has a seal that bears the State Coat of Arms of the Russian Federation and the Service’s name, and other standard seals, stamps and forms, and accounts opened under the laws of the Russian Federation.  

The Federal Service for Labour and Employment is entitled to a heraldic sign (emblem, flag or pendant) established by the Ministry of Labor and Social Protection of the Russian Federation and as agreed upon with the Heraldic Council under the President of the Russian Federation.  

12. The Federal Service for Labour and Employment has its headquarters in Moscow.