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Risks Associated With Failure To Notify FTS Of Employing A Former Tax Inspector


When hiring a former government employee it is wise to investigate whether their former work position is included in the list established by legislative acts and to determine if the required two-year period has passed since their resignation or dismissal. This advice is found at the beginning of a newly published brochure of the Ministry of Justice for employers regarding rules of hiring former government or municipal officials.

When signing a labor contract with a former government employee released from their civil service less than two years ago, the new employer must notify their former place of service within 10 days.

The former government employee, in turn, must notify the new employer of his/her last place of service. Failure to observe these regulations is punishable by a fine: from 2000 to 4000 rubles for individuals, 20,000-50,000 for officials, 100,000-500,000 for legal entities.

However, the abovementioned responsibility emerges when hiring not just any former government employees, but only those whose former positions are included in several lists established by statutory regulations (Ministry of Justice offers several lists at federal and regional levels). These lists may be found in the databases of legal documents and also official sites of government bodies where the person was formerly employed. Information about specific positions included in this list may also be obtained by request from these government agencies.

As for former tax inspectors, new employers are obligated to notify the government of the new hires. At least in Moscow, it is strictly monitored, which is confirmed by a large number of penalties issued to companies by the local public prosecution office.

An important criterion that also must be taken into consideration is the date of termination of the employee from the position included in the abovementioned lists. The former employing government agency must be notified within ten days if less than two years has passed since the date of termination; if more than two years have passed, there is no obligation to notify the former employer. 

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