Changes in legislation for business in 2015
From the beginning of 2015, namely from January 1, amendments and changes to the legislation come into force that affect the entire small and medium-sized business. When planning your budget and management, you must consider all the changes.
Changes in legislation for business in 2015
Labor law in 2015
In labor relations, first of all, the changes will affect administrative law, namely, bringing employers to administrative responsibility for violations of the law. The statute of limitations will change: instead of 2 months, 1 year from the date of the violation or its termination. With this innovation, it will be easier to punish unscrupulous work and bring him to justice. It is too early to speak about the effectiveness of the new law, perhaps positive dynamics could have been unambiguously judged if the statute of limitations had been increased tenfold. As court practice shows, employees often understand offenses even after retirement.
The increase in the minimum wage to 5865 rubles is a very mixed change. The increase in this indicator will increase by only 5% compared to January 1, 2014, which is much lower than the inflation rate. Speaking of efficiency, on the one hand, it will increase the level of social benefits (pensions and other insurance payments), but on the other hand, one should not forget that today “salaries in envelopes” have not disappeared on the labor market, raising the “legal part” , the employer is likely to reduce the “black”.
It is possible to prohibit wage labor (conclusion of a civil law contract), provided that such a contract governs labor relations – the introduction of a new article in the Labor Code of the Russian Federation 56.1, which prohibits this type of activity (or contract). In judicial practice, there are already many cases that transfer employees to full-time employees, since 2015, filing a lawsuit against the employer will no longer be necessary, the labor inspectorate will be given these powers. This will free the already overcrowded courts, and significantly reduce the time to resolve this type of violation.
The size of the fine for evasion increases to conclude an employment contract between the employer and the employee from 50,000 to 200,000. This increase will allow workers to become more protected against unscrupulous employers.
A special assessment of working conditions will be introduced. The innovation is aimed at increasing the safety of workers. The procedure will be carried out once every five years in two stages. The first is security identification. The second is the level of exposure to the employee. As a result, each workplace will be assigned one of four exposure classes: optimal, permissible, harmful and dangerous. This examination will be authorized by independent certified organizations. Labor law experts are very skeptical about this bill. On the one hand, the law will work in favor of a less protected population – workers, but on the other hand (as SRO practice shows), it will increase the corruption component.
Tax system in 2015
Starting January 1, the Bill on Regional Tax Vacations for individual entrepreneurs will enter into force. The law will allow all regions to establish a zero tax rate for individual entrepreneurs who are registered for the first time and have switched to a simplified or patent system for taxation.
A very promising innovation at first glance, but if you look in more detail, it already does not look so promising.
Firstly, this benefit may be limited to each region. But what about entrepreneurs who operate in another region, and do the regions decide on this innovation?
Secondly, the zero rate itself applies to income tax, property tax, land tax and mineral extraction tax. But, as a rule, the income tax for the newly opened IP is not large, and the condition for further transition to a simplified system does not imply it at all. N
property tax and land tax – as a rule, “new individual entrepreneurs” do not have such property at all (it is impractical – since they are responsible for all this property), mining is also an unlikely benefit, according to statistics the number of individual entrepreneurs engaged in mining is negligible . The situation with the patent system is not fully understood. To grant a patent, a business plan is needed, which in the calculation of costs contains all taxes, respectively, here the state saves “on its own.”
Thus, to say that the state helps the development of small and medium-sized businesses is unjustified, and taking into account the following innovations, we can say that it even toughens the conditions for its existence.
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