Recent changes in labor law and important rulings in court practice
- The dismissal of an employee for failure to achieve labour indicators is illegal, unless the employer proves the employee’s fault and the fact that, within the framework of labour relations, the employee is obliged to achieve specific indicators, as well as the fact that the employer has created all the necessary working conditions to achieve the necessary indicators. Ruling of the 1st Cassation Court of General Jurisdiction dated November 01, 2022 No. 88-28704/2022.
- Dismissal for absenteeism is illegal, unless the employee was requested an explanation for each day of absenteeism. As follows from Ruling of the 5th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-8733/2022, if in the dismissal order for absenteeism the employer refers to several episodes of absenteeism (absence from the workplace for more than 4 hours in a row), explanations are to be requested from the employee with regard to each of them.
- As follows from Ruling of the 7th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-17397/2022, the employer may recover only the actual costs of training from the employee, the collection of interest, indexation and penalties in such cases is illegal, as it worsens the position of the employee as compared with the rules of the labour law.
- In 2023, the minimum wage will be RUB 16,242, which is RUB 963 higher than in 2022.
- According to Draft Federal Law No. 270457-8, it is planned to allow confirming the passage of labour protection briefings by an employee through electronic document management, if the employer has implemented such a system. Confirmation can be arranged through the enhanced qualified electronic signature. Conducting targeted briefing on labour protection is planned to be confirmed as previously.
- As follows from Ruling of the 4th Cassation Court of General Jurisdiction dated October 18, 2022 No. 88-23846/2022, the dismissal of a pregnant employee based on testing results is illegal. The court recalled that it is impossible to establish a probation period for pregnant employees, and if it was established in the contract, these provisions shall not apply. The employer will have to return the employee dismissed for this reason to her position, even if it was unaware of the pregnancy at the time of dismissal.
TaXmas 2022
TaXmas is an annual event we traditionally hold for our clients and partners to take stock of the year. This year we will talk you through the main regulation changes that will become effective in 2023. After the presentations, it will be possible to mingle with the event speakers and organizers.
Details
Languages
- Russian
Admission
Free
Number of participants
Limited
Locations and dates
Saint Petersburg
- Date: 01.12.2022
- Address: House of Finland:
Bolshaya Konyushennaya 8
Moscow
- Date: 15.12.2022
- Address: Business center "Fili Grad"
Beregovoy Proezd 5
Program
- 15:30-16:00 Registration of guests and welcoming coffee-break
- 16:00-16:30 Opening, greetings
Ekaterina Zelenina. General Director of Konsu
- 16:30-17:00 Changes in tax and accounting legislation 2022-2023
Olga Mazina. Director of tax consulting and audit department at Konsu
- 17:00-17:30 Review of changes in legislation 2022-2023
Maxim Dmitriev. Senior lawyer at Konsu.
- Digitization of key processes in companies in Russia. Overview of russian technologies by international IT expert
Ilya Karyakin. Director of technological innovation at WONE IT, chairman of the committee on import substitution and innovations at "Delovaya Rossiya".
- 18:00-18.30 Russia-Kazakhstan: barriers and opportunities. Cross-culture peculiarities
Irina Kurilenko. Director, business-trainer, couch of the Institute of Resource Management
- 18:30 Completion of presentations
Givi Enukidze. Director of Customer service at Konsu
- 18:40-21:00 - Netwroking, drinks, light refreshments
Download presentations
Changes in tax and accounting legislation 2022-2023
Olga Mazina. Director of tax consulting and audit department at Konsu
Review of changes in legislation 2022-2023
Maxim Dmitriev. Senior lawyer at Konsu
Digitization of key processes in companies in Russia. Overview of russian technologies by international IT expert.
Ilya Karyakin. Director of technological innovation at WONE IT, chairman of the committee on import substitution and innovations at “Delovaya Rossiya”
18:00-18.30 Russia-Kazakhstan: barriers and opportunities. Cross-culture peculiarities.
Irina Kurilenko. Director, business-trainer, couch of the Institute of Resource Management
Event partner
Important
- To obtain a pass to the business center territory (Moscow, 15.12.2022), please take your passport or ID.
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Explanations of the Plenum of the Supreme Court on compensation for moral harm
On November 15, the Plenum of the Supreme Court adopted Resolution No. 33 "On the Practice of Application by Courts of the Rules on Compensation for Moral Harm" (hereinafter referred to as the "Resolution"). The new interpretations replace the previous interpretations approved in 1994 and amended in 2007. The new Resolution reflects the approaches that have developed in judicial practice and clarifications on controversial issues on which the Supreme Court has not previously expressed its position.Read more
Electronic document management with SBIS
Our partners from SBIS have prepared a short video about electronic document management in Konsu: how it allows our company to optimize all HR administration processes and makes possible hiring remotely without having our workers to visit one of our offices solely for bureaucratic reasons.
How to pay dividends: requirements, procedures and documents
One of the main goals of creating a legal entity is to make a profit from its activities. However, in order to receive income in the form of dividends, it is not enough to have positive financial results, it is also necessary to resolve correctly the issue of formalizing their payment. In practice, quite often there are disputes concerning the procedure, timing and grounds for paying dividends. The most common of them are discussed in this article.Read more
Changes in the field of migration from 15.11.2022
Within the framework of labor activity and stay in the Russian Federation of foreign citizens from 15.11.2022:
Read more
Possibility of remote work abroad, procedure for paying personal income tax and insurance premiums
In the remote work mode, the employee performs work outside the office, and interacts with the employer via the Internet. It does not matter how far from the location of the employer the place of work of the remote employee is located. There are no restrictions in this case, suggesting that the employee can work remotely while abroad.Read more
Persons who have entered into a military service contract for a period of one year or more will receive additional support in the form of a one-time payment
In accordance with Decree of the President of the Russian Federation dated November 02, 2022 No. 787, it was established that citizens of the Russian Federation called up for military service for mobilization in the Armed Forces of the Russian Federation, military personnel who served in the military by conscription in the Armed Forces of the Russian Federation (with the exception of military personnel replacing military positions of cadets of military professional educational organizations, military educational organizations of higher education under the jurisdiction of the Ministry of Defense of the Russian Federation), other citizens of the Russian Federation (foreign citizens) who concluded a contract for military service in the Armed Forces of the Russian Federation during the period of a special military operation for a period of one year or more, will receive a one-time cash payment in the amount of RUB 195 thousand. This decree shall apply to legal relations that arose from September 21, 2022.
The payments stipulated for the mobilized will not be taken into account when assessing their income when assigning social benefits
In accordance with Decree of the Government of the Russian Federation No. 1933 dated October 29, 2022, as well as information provided by the Government and the Ministry of Labor, it is established that when calculating the average per capita income, which is a criterion for assigning various social payments and benefits, starting from November 01, 2022, income and one-time amounts of financial assistance paid from the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and other sources to citizens called up for military service for mobilization in the Armed Forces of the Russian Federation in accordance with Decree of the President of the Russian Federation dated September 21, 2022 No. 647, will not be taken into account. Types of social support, which are subject to this Decree:
- Provision of state social assistance on the basis of a social contract established by Article 8.1 of the Federal Law "On State Social Assistance"
- Monthly cash payment for a child aged 3 to 7 inclusive, established by Decree of the President of the Russian Federation dated March 20, 2020 No. 199
- Monthly cash payment for a child aged 8 to 17, established by Decree of the President of the Russian Federation dated March 31, 2022 No. 175
- Monthly allowance for a woman registered with a medical organization in the early stages of pregnancy, established by the Federal Law "On State Benefits for Citizens with Children"
- Monthly payment in connection with the birth (adoption) of the first child or second child, established by the Federal Law "On monthly payments to families with children"
The resolution also established that the decision to refuse to assign a monthly allowance to a woman registered with a medical organization in the early stages of pregnancy, a monthly cash payment for a child aged 3 to 7 inclusive, a monthly cash payment for a child aged 8 to 17 due to the absence in the settlement period for the able-bodied members of the applicant's family of income received in cash, shall not be made if such family members were called up for military service for mobilization in the Armed Forces of the Russian Federation.
It is planned to make changes, according to which court cases and enforcement proceedings involving mobilized people will be suspended
According to Draft Federal Law No. 223501-8, it is planned to make amendments to the Arbitration Procedure Code, the Civil Procedure Code, the Administrative Procedure Code, according to which, in court cases involving mobilized people who act as defendants in the case, the court will issue rulings to suspend the case. If a person called up for military service for mobilization is a plaintiff, the suspension of the case is possible on the basis of his/her application. The draft law provides for making similar amendments to the Federal Law on enforcement proceedings: the bailiff will be obliged to suspend enforcement proceedings if the mobilized citizen is a debtor, and if the mobilized citizen is a recoverer, the suspension will be carried out at his/her request. At the same time, the suspension of enforcement proceedings on this basis will not apply to claims for maintenance obligations in respect of minor children, as well as for obligations for compensation for harm in connection with the death of the breadwinner.