People Advisory Services. Compliance health check services

Transcription

1 People Advisory Services Compliance health check services

2 Payroll compliance Aspects subject to a compliance review of payroll and related payments accruals include the following: Basic salary amounts based on the employment agreement and timesheet information Bonus payments based on the bonus policy and bonus orders Business trip payments (average earnings, per diems) based on business trip orders and timesheets Vacation payments (average earnings) based on HR vacation documents and timesheets Social allowances (sick leave, maternity leave, childcare leave) based on medical certificates and other necessary documentation Other payments based on the company s policies and documentation Income in kind Compensation/deductions related to expense reports Remuneration under civil law agreements Payroll tax A review of payroll taxes includes the following: A review of how personal income tax and social contributions are calculated based on the summary tables of income and accrued taxes and contributions, including a review of the applicable rate depending on tax residency and immigration status A review of the applicable deductions for personal income tax and the respective supporting documentation A review of the approach to taxation for various types of payments (monetary payments, benefits in kind, remuneration under civil law agreements) in order to identify items included and excluded from the taxable base, including a review of nontaxable items A review of the timeliness of social contributions and personal income tax payments A review of the correctness of completion and timeliness of submitting annual reports to the social funds and tax authorities

3 HR compliance A review of HR compliance includes the following: I. Analysis of the mandatory companywide HR documents, including: Local regulations Vacation schedule Staffing schedule Time sheets Other mandatory documents II. Analysis of personnel files, including: Employment agreements with the necessary attachments Labor books Hiring documentation Vacation applications and orders Business trip-related documentation Employment history cards Termination documentation Immigration compliance The scope of the immigration compliance is the following: I. Analysis of mandatory company-wide immigration documents, including: The forecast notification on anticipated foreign labor (if applicable) The company s permit for the engagement of specified foreign labor Notifications to the tax, labor and employment services, and to the immigration authorities, on the engagement of foreign labor (in the period under review) Notifications to the statutory authorities on the early termination of employment of foreign employees Information on the company s vacancies provided to the employment service Quarterly reports on meeting obligations to pay salaries to highly qualified specialists (HQS) and, if relevant, on the termination of employment agreements or civil law agreements with HQS, or on unpaid leave taken by HQS for a period

4 exceeding one month within a calendar year (in the period under review) Notifications to the immigration authorities of the tax registration of HQS (in the period under review) II. Analysis of foreign employees immigration related documents, including: Individual work permits/patents, and checking the consistency of job titles of employees indicated in the work permits/patents and staffing schedule, employment agreements and other employee-related HR documentation Advance payments by patent holders Visas of employees and their family members Enrollments and the meeting of respective deadlines Annulment of work permits for early terminated employees Temporary and permanent residence permits III. Analysis of the specifics of engaging foreign nationals: Review of employment agreements of foreign employees to ensure their compliance with immigration and labor law Review of quarterly reports on the compliance of salaries paid to HQS with the minimum threshold Review of personal files of foreign employees to ensure that they contain all the necessary documentation Review of compliance of temporary and permanent residence permit holders with immigration requirements Based on the review EY prepares a summary report that includes: Our findings on the compliance of the documentation with the legal requirements The identification of potential risks of noncompliance and potential financial sanctions An indication of missing or incorrectly completed documents Our recommendations on how to mitigate and eliminate the risks identified

5 Contacts Zhanna Dobritskaya Tel.: +7 (495) Sergei Makeev Tel.: +7 (495) Anton Ionov Tel.: +7 (495) Gueladjo Dicko Tel.:+7 (495) Ekaterina Ukhova Tel.: +7 (495)

6 EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY works together with companies across the CIS and assists them in realizing their business goals. 4,500 professionals work at 20 CIS offices (in Moscow, St. Petersburg, Novosibirsk, Ekaterinburg, Kazan, Krasnodar, Rostov-on-Don, Togliatti, Vladivostok, Yuzhno-Sakhalinsk, Almaty, Astana, Atyrau, Bishkek, Baku, Kyiv, Tashkent, Tbilisi, Yerevan, and Minsk). EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com Ernst & Young (CIS) B.V. All Rights Reserved. This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither EYGM Limited nor any other member of the global EY organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor.