Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 4.09.2008

Regulations of the Central Bank of Russia No. 321-P of August 29, 2008 on the Procedure for Supplying by Credit Institutions to the Authorised Body the Data Provided for by the Federal Law on Counteracting Legalisation (Laundering) of Criminally Obtained Earnings and Financing of Terrorism

A credit institution (a branch thereof) is obliged to supply to the authroised body (Rosfinmonitoring) data on monetary transactions to be controlled without fail, as well as on other monetary transactions in respect of which there is a suspicion that they are made for the purpose of legalisation (laundering) of criminally obtained earnings and of financing terrorism.
A new procedure for compiling and forwarding the said data by a bank is established.
The new wording specifies the procedure for using by a bank reference data when preparing a report in the form of an electronic message (OES). The purpose of each reference book is defined enumerating the data contained in the reference books which are necessary for formulating an electronic message. The rules for formulating an electronic message and filling out some spaces for records to be made in an electronic message are introduced. Thus, a bank shall prepare information for transmittance to the authorized body as a DBF file in the DOS code. One file may contain data on several transactions. While formulating a record containing data on an operation, it shall be necessary to cite some separate service information, data on a bank, transaction etc.
The regulations shall enter into effect as of January 1, 2009 and are subject to official publication in the "Vestnik Banka Rossii".

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 425n of August 14, 2008 on Endorsing the Recommendations for Drawing Up by Federal State Bodies and Institutions Which Are Chief Administrators of the Federal Budget Funds Model Regulations on Labour Remuneration of Employees of Subordinate Federal State-Run Institutions

It is recommended to include into the section "Basic Wage Conditions" of the model regulations a procedure for applying, and rates of, minimum employees' salaries (wage rates). They shall be determined by way of referring occupied positions to appropriate professional qualification groups. With this, the minimum sale (wage rate) of an employee must not be lower than the tariff rates (official salaries) in the unified tariff system which are effective in the period while new labour remuneration systems are introduced. Moreover, by decision of the head of an institution an increasing coefficient may be established for the minimum salary (wage) specifically for each employee. In so doing, the professional qualification level, complexity and importance of the work being carried out by him/her, degree of independence and responsibility while accomplishing the tasks set, record of work at an institution and other factors shall be taken into account.
The specifics of establishing compensation and incentive payments and of determining the procedure for labour remuneration for the head of an institution, deputies thereof and the chief accountant is stated. Recommendations are also given for arranging the preparation of model regulations at governmental bodies and institutions.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 424n of August 14, 2008 on Approving the Recommendations in Respect of Making a Labour Contract with an Employee of a Federal State-Run Institution and in Respect of the Model Form Thereof

Owing to the introduction as of December 1, 2008 new labour remuneration systems for employees of state-run institutions it is recommended to be guided by the following rules while making a labour contract with an employee.
Employees shall be notified in writing of changes in obligatory provisions of a labour contract in connection with introduction of new labour remuneration systems at an institution at latest two months before their introduction. At latest on December 1, 2008 new labour contracts or additional agreements (whose model forms are stated in the annex) shall be made with employees. As obligatory conditions to be cited in a labour contract shall be an employee's labour functions, starting date of work, labour remuneration terms (in particular the rate of salary (official salary), an employee's wage rate, additional payments, bonuses and premiums, including compensation and incentive payments), working routine and resting time rules; compensation for hard work and work with harmful and/or hazardous labour conditions, provisions defining the nature of work (mobile, traveling, on way and other nature of work) and the provision on an employee's obligatory social insurance. A labour contract may likewise contain additio nal provisions which do not deteriorate an employee's position (specification of the working place thereof, on probation period, on non-divulgence of secrets protected by law, on kinds and terms of an employee's additional insurance etc.)
An employer is entitled to attract employees under the terms of a time labour contract. With this, it shall specify its validity term (a specific validity term of a labour contract within five years, within the time period while some specific work is carried out etc.), as well as the reasons for making it. It is recommended when making a labour contract to approve an employee's job description.
A labour contract or an additional agreement to be attached to a labour contract shall enter into effect as of the date when it is signed by an employee and employer or as of the date when an employee is actually admitted to work. Before signing a labour contract an employee shall be familiarized with the internal working regulations and other acts connected with the employee's working activities. An employee shall be hired on the basis of a labour contract made by an order of the employer.

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