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.
i) Recent amendments to Russian anti-terrorist legislation proposes storage of personal correspondence (text messages, voice information, images, sounds, video, calls, etc.) within territory of the Russian Federation. Facts of such correspondence shall be stored by operators within 1 year, its content – within 6 months. The challenge is that storage of personal data of such volume requires significant investments. Partial amendments will come into force on 20 July 2016. All the remaining measures to be in compliance with the law shall be undertaken by operators until 1 July 2018. ii) On 1 July 2016, Federal Law No. 122, drafted by the Russian Ministry of Labor and Social Protection, came into effect. Under the Law, professional standards will become compulsory for employers so far as they relate to qualification requirements applicable to employees (level of knowledge, abilities, professional skills and working experience). In case employees of the company do not meet qualification requirements indicated in the professional standard of their job position, the employer has to conduct an internal evaluation of the employee’s qualification or arrange for the employee’s professional education in this respect. iii) The RF Labor Code rules on salary payment and protection of employees’ rights were strengthened. Administrative liability for non-payment or incomplete payment of salary is now stricter (company officials could be fined up to 20,000 rubles, legal entities – up to 50,000 rubles). The employee may file a claim with the court with respect to non-payment of salary within 1 year (previously – 3 months). Moreover, the employee may choose the court located at the place of his permanent registration (previously, it was the company’s legal address). Changes are coming into force on 3 October 2016. iv) Labor law requirements were provided for small-sized businesses (having less than 15 employees and observing legal requirements to such categories of companies) are now less burdensome. From 1 January 2017, they will be released from duty to formalize all obligatory internal documents (e.g., Internal labor regulations, Remuneration policy, Bonus policy, etc.). It will be possible for such companies to indicate all necessary provisions in employment agreements. Therefore, such amendments do not influence obligations of small-sized businesses on completing employees’ individual labor books.
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.