OREANDA-NEWS. May 30, 2011. The Moscow Court of Arbitration made a favorable decision for Ingosstrakh OJSIC: it acknowledged as illegal and abolished the decree of the Federal Financial Markets Service (FFMS of Russia) about imposing an administrative punishment No. 11-70/pn dated 12.04.2011 in the form of imposing a fine in the amount of 500 000 rubles.

Let us remind you that on April 12, 2011, FFMS imposed a fine on the insurer for failure to provide a labor agreement with the insurer’s General Director to minoritaries. Ingosstrakh OJSIC did not agree with the opinion of the state authority and successfully appealed it in Moscow Court of Arbitration.

Ingosstrakh OJSIC refused to provide a copy of the labor agreement (contract) with General Director of Ingosstrakh OJSIC to the interested persons referring to the judicial acts brought earlier on the same demand of shareholders. Besides, the insurer pointed that the shareholders are related to Generali-PPF holding company, which is the competitor of Ingosstrakh OJSIC on the market of insurance services.

The insurer’s opinion is as follows: In accordance with Art. 67 of RF Labor Code and Art. 3 of the Federal Law „On personal data”, the labor agreement is a document that contains the employee’s personal data. In accordance with Art. 86, 87 of RF Labor Code, the employer shall provide protection of the employee’s personal data. Besides, Article 88 of RF Labor Code forbids the transfer of the employee’s personal data to third parties, and in accordance with Art. 90 of Administrative Violations Code, the persons found guilty of violating the regulations on the employee’s personal data protection shall be liable under administrative, civil or criminal legislation. Consequently, the norms of the legislation forbid to transfer the said data to third parties.

Under the norms of FL „On joint-stock companies”, a Company shareholder has no authority to contest a labor contract concluded between the Company and its General Director.

Thus, neither the norms of the Labor Code nor the Informational Letter of the Presidium of the Supreme Court of Arbitration of the Russian Federation envisages disclosure of the employee’s personal data in the considered situation.