i) The Russian Federation Ministry of Labor and Social Protection is now planning to implement a special online service to check compliance of employees’ labor agreements with current Russian labor legislation. The service will start working by the end of 2016. Each employee will be able to upload its employment agreement to the online service and check whether it contains any breaches of Russian labor legislation. ii) On 1 June 2016, the Russian Federal Migration Service (state body authorized to deal with foreign citizens in Russia) officially terminated its activities. Now all issues connected, inter alia, with foreign citizens’ work in Russia, including obtaining of permission documents, filing notifications, etc. shall be resolved by regional departments of the Russian Ministry of Internal Affairs. A special department (Chief Migration Directorate) was established at the Ministry of Internal Affairs for this purpose.
The Russian Federation Supreme Court Judicial Department summarized case law for 2015 with respect to labor disputes. In comparison with 2014, the general number of labor disputes increased by 13.7% and the number of disputes on reinstatement at work increased by 12%. Only 2.5% of all cases regarding salary payments were won by employers. 58.4% of reinstatement claims were satisfied by courts.
The Russian Ministry of Justice is drafting a bill that introduces substantial amendments to labour regulations for CEOs. Under the bill, relations between a CEO and a company shall be regulated by civil law; provisions of the Labour Code regarding work time, rest time, remuneration, guarantees and compensations, and industrial safety shall apply, unless otherwise provided by statute or agreement with the CEO. Another important amendment is that an agreement with a CEO (which will no longer be an employment agreement) can be terminated under grounds provided for by civil legislation, including by grounds set forth in the agreement. Overall, the bill reflects a general trend of establishing the priority of civil law over labour law in terms of labour regulations for CEOs.
i) In February 2016, the Rostrud clarified that companies which entered into outstaffing agreements before 1 January 2016, should continue performing obligations thereunder in due course. It means that companies are not allowed to terminate the outstaffing agreements if they are compliant with requirements of the new legislation on outstaffing, if not – agreements should […]
i) The Russian Parliament is considering a draft law, which is aimed at clarifying provisions of the Labour Code regarding salary payment dates. The current language of the Labour Code envisages that the salary should be paid every half-month on the day set forth by “the rules of internal order, collective bargaining agreement, employment agreement”. […]
The Russian Parliament will consider a bill, which introduces insurance of salary against the risk of employer’s insolvency. If the bill is adopted, the employees will receive one-off compensation of wage arrears for three months preceding commencement of the insolvency proceedings. The insurance contributions shall be (a) paid by all companies and individual entrepreneurs hiring […]
The Russian Ministry of Labour and Social Protection elaborated a draft law whereby employers will be allowed to enter into fixed-term employment agreements with employees having harmful (subclass 3.3 or 3.4) or hazardous (class 4) work conditions. An agreement may be executed for a fixed term in case an employee is being hired for harmful […]
In January, a clarification to the Russian Labour Code came into effect that, during the period of suspension of work, the employees reserve the right to receive his/her average salary. Under Russian law, in case an employer delays payment of salary for more than 15 days, employees are entitled to suspend work (i.e. stop working […]
As from 1 January 2016, amendments to Russian employment laws that restrict staff outsourcing and impose a set of requirements for staff providers came into effect. As the general rule, agency labour (‘zayomny trud’), i.e. labour performed by an employee under instruction of the employer in favour and under control of another person that is […]
Despite the fact that rules on accreditation of private recruitment agencies will come into force from 1 January 2016, in November the Rostrud (state authority responsible for issuing accreditations) started receiving and considering documents from the applicants. The Rostrud plans to make decisions on the applications received and inform applicants thereabout by the end of […]