What is proposed
The Chairman of the constitutional Committee of the Federation Council Andrey Klishas proposes to require employers to insure employees in the event of our bankruptcy. The adoption of the law will increase the employers to the social insurance Fund. The initiative is supported by presidential administration, said the source, surrounded by cliches.
The draft law on compulsory insurance of employees in case of bankruptcy of the employer is submitted to the state Duma on Wednesday, 9 March. The document, signed by Senator Andrew Clisham, guarantees a lump-sum payment to the employees of the bankrupt companies pending wages for three months preceding the filing of the bankruptcy petition. The payments will be made from the social insurance Fund (SIF), which Klishas proposes to appoint the insurer.
In the case of adoption of law of the employers to the social insurance Fund will increase. The author of the initiative proposes to set the rate of 0.02% of the wage Fund of financial-economic justification to the bill. Now employers pay the social insurance Fund 2.9% from the salary Fund, deductions in each year are terminated, if the amount of payments the employee reaches the maximum of government — now it is 718 thousand rubles the same restriction when calculating insurance premiums in case of bankruptcy offers to apply Klishas, follows from the materials of his bill.
With the monthly salary of 34 thousand rbl. (the average for 2015, according to Rosstat) the amount of deductions in case of bankruptcy will amount to 6.8 rubles per month for each employee; if salary is 100 thousand rubles — 20 rubles Because with an annual wage of more than 718 thousand rubles contributions are not paid, the maximum insurance premium — 143,6 rubles per year.
But these contributions add up to a decent amount. According to Rosstat, the number of employed in the economy of the Russians in January 2016 was 71.3 million If we proceed from this figure and the average wage for the year nabezhit almost 6 billion rubles In April 2015 the number of employees of the bankrupt enterprises, which had arrears of wages, was in excess of 25 thousand and overdue debts in front of them was a little less than 1.2 billion rubles (on average — about 47 thousand rubles per employee), spoken in financial and economic justification to the bill.
The limitation of 718 thousand RUR proposed use and to determine the maximum payment to the employee: for the calculation of the compensation this amount must be divided by 365 days and multiplied by the number of days for which the employee deferred wages (but not more than three months), it is told in the explanatory note to the bill. The restriction will mean that the maximum that will be able to get the employee for the employer of the bankrupt, — a little more than 177 thousand rubles., calculated . After the compensation of the FSS will enter into bankruptcy case of the company instead of the employee, is told in the explanatory note.
The law is proposed to enter into force on 1 January 2017.
The Kremlin will support
The bankruptcy law requirements for remuneration of employees as termination benefits, are satisfied in the second turn, after court costs for the bankruptcy proceeding, remuneration of the liquidator, etc. But the bankruptcy law does not fully protect the rights of workers, there are cases when after the completion of bankruptcy proceedings of the employer debt remains unpaid, what is the cause of social conflict, writes Klishas in the Memorandum to the bill. The bill fully complies with the legal positions developed by the Constitutional court which is the judicial body of constitutional control of the Russian Federation; the European court of human rights, which is a supranational body to ensure the rights, freedoms and legitimate interests of man; and the Supreme court, the highest judicial body of Russia, said Klishas .
The initiative cliches conceptually supported by the presidential administration, including the State-legal Directorate of the President, the source said surrounded by cliches and confirmed by a source close to the presidential administration.
At the core of such initiatives, the Ministry of labour initiative were received, admission will be considered in accordance with the established procedure, reported in a press-Department service. The Ministry of Finance on the request is not answered. In profile Committee of the Duma labor review promised to give later, after studying the document.
To comment on the bill appealed to major Russian companies. “It is impossible likewise to insure the business that is under constant risk of bankruptcy, and low-risk business, — says the press-Secretary of Rosneft Mikhail Leontyev. — The company “Rosneft” is not exposed to a real risk of bankruptcy at the moment and in a historically foreseeable future, so why would we insure? It’s just straight fees. There is such insurance, hull insurance, where rates vary greatly, depending on the circumstances. Here [in the bill of cliches] the difference is orders of magnitude greater than the hull. Therefore, the degree of moisture of this idea such that to talk about something specific just impossible.”