Over the past few years, representatives of the state labor inspectorate noted that for 1 mistake in 100 employment agreements, a company could be fined 30,000 RUB (minimum fine for one breach) multiplied by 100. Now, the Russian Supreme Court has changed its view concerning the method of imposing administrative fines on employers for breaches of labor law. Similar breaches of law (e.g., delay of salary payment for 100 employees) shall entail one fine. At the same time, when an employer delays both the wages and interest for the delay, there are two different breaches and consequently two fines.
The Russian Supreme Court stated that a pregnant woman has the right to annul her application for termination of employment agreement by her own will at any stage (even after dismissal) if she did not know about the pregnancy. Also, a pregnant woman may unilaterally annul the mutual agreement for termination in case she did not now about her pregnancy when signing the agreement.
Before making a complaint to a supervisory (higher instance) court, all the previous official stages must be followed. Thus, it is impossible to immediately make a claim in a supervisory court without first passing through a lower court.
1) 22% of Russian Companies Employ Distant Workers. 2) According to the official statistics of the Russian Ministry of Labor, the general number of dismissals for the 1st half of 2016 decreased in comparison with 2015 by about 5%.
1) Ministry of Labor will prepare the List of Persons Dismissed due to Loss of Confidence. 2) Standard form of the Employment Agreement is Established. 3) New Rules of Employee’s Medical Checkings.
1) Novosibirsk region court decided that the death of the employee from overtime work (employee’s burn-out) shall be deemed a workplace accident. Thus, all rules of workplace accident formalization, insurance and payment shall be observed by the employer. 2) Nizhegorodsky region court stated that in case the dispute between the company and its contractor – physical person on actual labor relationships between them is lost by the employee, the company has the right to reimburse its court costs from the employee as it is not a labor dispute. Under the general rule, employers have no right to reimburse their court costs from the employees in labor disputes. 3) Moscow city court stated that prolongation of the fixed-term employment agreements does not, per se, mean that the employment relationships are concluded for an indefinite term. The employee has to prove other features of indefinite term employment relationships. 4) Russian Supreme court declared that it is illegal for the state labor inspectorate to fine the companies in case they pay the fist part of the salary in the current month and the second part of the salary for the actually worked period in the next month. From 03.10.2016, the respective amendments in the RF Labor code are entering into force.
Statistics for 2015 show that mediation is not very popular in Russia: only 0.007% of all cases in courts of general jurisdiction engage mediators in disputes arising from labor relations.
From 1 January 2017, all Russian courts of general jurisdiction shall officially start using electronic document management. This innovation shall simplify the procedure of going to court for employers and employees.
It is expected that it will be used by citizens for submission of statements, letters, complaints and other appeals to the Federal Labor Inspection. The Russian Ministry of Labor also established 209 basic requirements of Russian labor legislation, which shall be observed by the companies. It is expected that the companies will use this information in order to be prepared for inspections by state authorities.
The Russian Ministry of Labor issued a series of acts regulating labor protection issues: assembly works, jobs related to heavy lifting and at determined heights. The Ministry also issued a bill that provides for liability of the construction owner for conclusion of labor or civil law contracts with “illegals” with significant penalties for violations.