It is proposed that the procedure for compensation for work on weekends and holidays during dismissal should be set out in the Labor Code of the Russian Federation

Where, prior to dismissal, an employee has not used time off for work on weekends or public holidays, the employer will have to compensate for it. The rule will be introduced into the Labor Code of the Russian Federation on the instruction of the Constitutional Court of the Russian Federation.

The employee will be able to choose the option of compensation:

  • to take vacation days and get laid off;
  • receive additional pay.

It is planned that the amendments will come into force on September 1, 2024. Until that date, employers need to apply the position of the RF Constitutional Court.

Document:

Draft federal law

From 2024, childcare allowance for children up to 1.5 years of age will also be paid when they leave work early

Amendments to the Labor Code of the Russian Federation, the Law on Benefits for Citizens with Children and the Law on Disability Insurance have been published.

From 2024, the right to benefits will also be preserved in the case of a mother or other relative (Article 1, paragraph 2, Article 2 of the Act on Amendments to the Labor Code of the Russian Federation, Article 1, paragraph 2, Article 2, paragraph 2, Article 3 of the Act on Amendments to Laws):

  • have taken leave to care for a child up to 1.5 years of age early (including part-time, telecommuting or telecommuting);
  • are employed by another employer during the period of such leave.

Documents:

Federal Law of 19.12.2023 N 614-FZ (on amendments to the Labor Code of the Russian Federation)

Federal Law of 19.12.2023 N 620-FZ (on amendments to laws)

Vacation schedules do not need to include mobilized workers, Rostrud reported

Mobilized workers have their employment contracts suspended, and during this period the parties do not exercise their rights and obligations. Therefore, according to the agency, the vacation schedule does not include such workers.

Document:

Letter of Rostrud from 19.12.2023 N PG/26132-6-1

Pregnancy allowance can be paid to a part-time employee who has been working recently, the court ruled

An employee worked for two companies, one at her main place of work and the other at her part-time job. The employee submitted information to the SFD for the purpose of assigning and paying maternity benefits. After an audit, the fund considered the payment to be unlawful. Prior to the insured event, the employee had not worked for the organization for the two preceding years as a part-time employee. In this connection, the benefit should be paid at the main place of work.

The Court of Arbitration of the North-West District did not support the fund: there are no such conditions in the Law on Disability Insurance. On the contrary, if the employee at the time of the insured event works in several companies, she has the right to choose the employer for the appointment and payment of benefits.

Document:

Ruling of the AC of the North-Western District of 12.12.2023 in case N A56-29443/2023

Overtime pay: amendments to the Labor Code of the Russian Federation introduced in the State Duma

The Government has proposed amendments to Part 1 of Article 152 of the Labor Code of the Russian Federation, which would establish a procedure for determining the amount of increased payment for overtime work. According to the project, it will have to be paid on the basis of salary (taking into account compensatory and incentive payments) for the first 2 hours of work at least one and a half times the rate, and for subsequent hours – at least double the rate.

Specific amounts of overtime pay can be established in a collective agreement, agreement, local act or labor contract. At the employee’s request, it will be possible to provide additional rest for such work instead of increased pay, which will not be less than the time worked overtime.

The current payment procedure is as follows: for the first 2 hours – not less than one and a half times the rate, for subsequent hours – not less than double the rate. In practice, employers take only the wage rate without compensatory and incentive payments when calculating for overtime.

In connection with the amendments to the Labor Code of the Russian Federation, an employer is not obliged to revise the terms of a collective agreement, an agreement, a local act or an employment contract on payment for overtime work at an increased rate.

The amendments should come into force on September 1, 2024.

It should be noted that in June 2023, the Constitutional Court of the Russian Federation recognized the norms on overtime pay as unconstitutional and instructed to clarify the Labor Code of the Russian Federation.

Document:

Draft Federal Law N 513228-8

Court practice Labor code Labor law Legal changes