Very often, employers do not comply with labor laws and regulations on the special procedure for hiring a former civil servant. They do this not specifically, but because they often do not have enough information about what to do in such situations. It is actually not difficult to adhere to these rules, especially considering the serious responsibility that will have to be borne for violations or even pay high fines. Moreover, administrative punishment of employers who do not comply with the established procedure has been practiced for several years. 
What does the Labor Code of the Russian Federation say?
Article 64 of the Labor Code states that when hiring a former public servant, the new employer is obliged to inform his new employee of the organization in which he previously worked. However, this is not enough, since the law establishes that the employee himself must adhere to certain rules, despite the fact that he stopped working in government agencies, another two years after he resigned. So, what is a notice of employment of a former civil servant?
Such orders are not introduced from scratch. They are justified by the fact that, having terminated the employment relationship, a civil servant can still use any data to which he had access, while fulfilling his duties. Since such information is state property and may even be a secret, its use for commercial purposes is strictly prohibited, this is regulated by Art. 79 Federal Law.
Some limitations
In addition, former civil servants can go to work in those institutions that they contacted during their service in the state structure, only after the consent of the special commission is obtained, and if there is no conflict of interest, the possibility of corruption, justified by the fact that two parties have access to certain information. But this is not enough: even if the above conditions are met, a civil servant can get a job in such an organization only if his salary is less than one hundred thousand rubles a month. If the size is supposed to be higher, then again the permission of the special commission is needed, the work of which is approved legally.
Hiring a former civil servant is not an easy task.
Obligations of a former civil servant
For the former state and municipal employee, specific conditions for concluding an employment contract are established. For example, citizens who replaced the positions established by regulatory legal acts of the Russian Federation, after leaving the civil service for two years, are obliged to inform the employer of the last place of their service. Since the exact form of this notice has not been established at the legislative level, he is entitled to do so verbally. Although it is much better to provide such information in writing, keeping a copy of the registered document in order to avoid the elementary human factor, when the employer simply can forget about the data submitted verbally, and the employee will face the problem of finding evidence of the correctness of his actions.In general, information of this kind by a human resources specialist at a new place of work can usually be obtained without labor by himself, simply by analyzing the notes in the employee’s work book.
Non-compliance by the former civil servant with the requirements established by law will lead to the termination of the employment contract concluded with him.
What obligations does an employer provide for hiring a former civil servant?
Employer Responsibilities
The obligations of the employer in relation to the former civil servant hired are also established by law, in particular, Art. 79 Federal Law. If he enters into an employment contract with an employee of this type within two years after leaving his previous service, he must inform the employer or representative of the civil servant's employer at the last place of his work within ten days in the normative manner. At this stage, the exact form of the notice of employment of a former civil servant has not been established by law. But the information contained in it is reported in Decree of the Government of the Russian Federation No. 700.
What data is indicated in the notification?
There is a list of data that the employer must indicate in his notification to the previous employer:
- surname, name, patronymic (if any) of the citizen (if they suddenly changed, then the previous ones must be indicated);
- date and place of his birth;
- a civil service position that was filled by a citizen before dismissal (this information is taken from the work book);
- full and abbreviated (if any) name of the organization;
- the number and date of the order / order of the employer, on the basis of which the citizen is hired;
- the date of the labor agreement and its validity period (the date of commencement of labor activity is noted, if the contract is urgent, then in addition to the term, reasons that underlie such a quick conclusion are also indicated);
- nomination of the position held by employees in full accordance with the employment contract and staffing table, if there is also information about the structural unit of the institution;
- official duties that will be respected at the new place of work (indicating its main directions).
Can a former civil servant be an individual entrepreneur? About it further.
The letter must be drawn up on the letterhead of this institution, certified by the signature of the head or another person with such authority, and signed the labor agreement as an employer. Be sure to put the seal of the organization (its personnel service). After this, the letter is sent to the previous employer of the former civil servant no later than ten days later. The question of exactly how to send a notice of employment of a former civil servant to a previous workplace is still not fully settled, so the employer can send it by registered mail or provide it with a courier.
Obtaining information about the civil service
In accordance with the norms of anti-corruption legislation, the employer, in the absence of information about the previous place of work, may ask his new employee to present his employment record in order to find out such information. The employee has no right to refuse this request and must inform about the place where his civil service took place. If there is no such information in the work book, then the employer will no longer be liable for violation of labor laws.
However, in the case of the presentation of the work book, another difficult circumstance may appear. The bottom line is that you need to inform about the employment of a former civil servant only when his previous position is included in the List approved by the President, or if his salary exceeded the mark of one hundred thousand rubles. Since such information is not recorded in the work book, it is better to immediately send a notification to the previous employer without further clarification.Can a former civil servant become an entrepreneur? Let's figure it out.
Part-time work
It is worth noting that both the state and municipal employees cannot work concurrently and engage in any paid occupations in this status without the written permission of the administration of the main place of employment, therefore, the civil servant must report additional responsibilities at another institution under any circumstances.
It is most likely that the employee will not be able to break the established rules and hide the side income even with a great desire, since the law stipulates that any public servant must necessarily notify all of his income, and this kind of information is not only recorded, but also passed a very serious check. Therefore, each employee is interested in preserving his workplace and income. The rights of the former civil servant are not infringed upon.
But the employer, accepting a part-time civil servant, is not obliged to notify the relevant structures about it, since such requirements are presented to him only when this employee is already dismissed from his service.
If a civil law contract is concluded with the employee, the employer is also obliged to inform the state structure about their former employee. Thus, despite the form of cooperation and documents, a notification must be sent necessarily.
Is a former civil servant entitled to become an individual entrepreneur?
The law prohibits those who are officials, deputies of the State Duma and the Federal Assembly, heads of municipal institutions from engaging in private business. But if the public service is left, then doing business is not forbidden. After dismissal, you can open the IP without any restrictions.
Responsibility of the employee and employer
What can result in a job for a former civil servant?
Since the obligation to report on the employment of a former public servant is fixed at the federal level, violation of it can lead to administrative and even criminal liability.
So, citizens of the Russian Federation who refuse to notify the previous employer of their new employment may be held criminally liable if a special commission sees corruption in their actions. In addition, if there is no notice, then the employment contract concluded with the employee must be terminated. As a punishment, a fine is also provided, varying from two to four thousand rubles for the employment of a former civil servant.
But in relation to the employer in case of violation of the established standards, much more serious measures are taken. The size of the fine is directly determined by the form of ownership of the organization, therefore, regardless of whether it is a large enterprise or an individual entrepreneur, the rules of the law are the same for all, and they must be implemented in any case. Administrative responsibility provides for penalties, the amount of which ranges from fifty thousand rubles to five hundred thousand.
According to the norms of anti-corruption legislation, the work of any public servant is always carefully monitored by the prosecution authorities: both during the work period and after dismissal for two years. They have the right to verify any institutions on the basis of reports submitted by them on paid taxes and newly hired officials. It’s definitely not possible to hide the reception of a civil servant in the organization, therefore it is recommended to notify the necessary structures within a certain time frame. The responsibility of the former civil servant is very serious. 
Arbitrage practice
The formation of a broad judicial practice in cases of hiring former civil servants, in fact, began only from the end of 2010.If earlier many processes simply fell apart due to imperfect legislation in this area and the lack of uniformity in providing information to the previous employer, now that more than five years have passed, some trends in this area can be noted.
With simple cases when civil servants convicted of breaking the law do not deny their guilt, everything is clear. But with employers things are somewhat more complicated, due to the high size of fines. Many violators strive to avoid responsibility by all means, manipulate dates, distort facts, and as a result, more and more deviations from the law are added, which means new punishments. Since the justice scheme has already been worked out, and the relevant authorities have access to almost any data, then this is not worth joking. So before you conclude an employment contract with a former civil servant, you need to think carefully.
The prosecutor's office verifies compliance with all legal requirements in the field of anti-corruption. When she receives data on the dismissal of a civil servant from the civil service, she oversees his subsequent career for another two years. After information is received about the device of a given citizen to a new place, the current employer becomes an object of close attention. If within ten days he did not send the required notification, then the prosecutor’s office starts a check: sends requests and subpoenas, opens cases that can turn out to be either simple or complex, if we speak conditionally. A sample notice of employment for a former civil servant is presented below.
It has already been mentioned above that often the employer (mainly a legal entity) does not deny a clear violation of legal requirements. This is connected with the fact that at this stage, they initiate cases most often in relation to officials (not legal). But, if the circumstances are obvious, and the employer continues to stubbornly resist, then the prosecutor's office can also bring to justice a legal entity to which more stringent sanctions apply. In this case, the court is no longer so loyal to the actions of law enforcement agencies and often punishes only the official, without making the legal person liable. As a result, the process of registering former civil servants becomes even more complicated, since the punished citizen also does not plead guilty.
Ways to evade liability
Upon receiving a summons from the prosecutor's office, the employer, realizing the inevitability of responsibility, begins to look for opportunities to leave it. Among these attempts, the following can be distinguished:
- translation of an employment contract into a civil law form (such a method is absolutely useless, since the requirements for these forms are the same);
- change of dates of employment, cancellation of an order and an employment contract, etc .; the measure is also ineffective, because the response to a request to the funds, where the employer deducts contributions for the employee, will show their availability, and therefore prove the fact of labor relations;
- claim that the letter was sent by mail (and again, a request to the postal office will reveal the truth);
- refusal to provide an employment contract with reference to its absence (for this the employer can be brought to additional administrative responsibility).
Given the seriousness of the requirements for government officials, and not only during work, but also after their dismissal, do not violate the anti-corruption law. Practice shows that actions of this kind are punished without exception.
We have examined in detail the hiring of a former civil servant.