In January 2025. Rostrud clarified the issues of educational and annual leave, issuance of documents to the employee, bonuses, attendance at the HR department, etc.
- Can study leave be curtailed?
A study leave of shorter duration than that indicated in the summons does not comply with the law. Such vacation has a strictly intended purpose and must be used only within the prescribed period of time.
- Is it permissible to take a vacation from a day off?
Rostrud reminded us that it is permissible to do so.
It should be noted that the Ministry of Labor also expressed a similar opinion.
- Do I need to provide the employee with documentation of office supplies issued to him/her for the period of employment?
Rostrud believes that an organization is obliged to provide such documents at the employee’s request if office supplies were issued in connection with work.
- Can a bonus be reduced without notifying and familiarizing the employee with the order?
Yes, if such a bonus procedure is established by labor, collective bargaining agreement, agreement or local act.
- Does an employee have the right to refuse to report to HR when requested to do so by the HR Officer?
Yes, if it is not the specialist’s duty under the employment contract, job description or local act with which he is familiarized.
- Does the organization have the right to require residence registration at the place of work?
Such a requirement is illegal.
- What if the notice period cannot be met when vacation is rescheduled?
Rostrud considers that an organization has the right to notify an employee of leave immediately after receiving an application to postpone it. It also reminds that an employer has the right not to agree on such a postponement.
- Can only an order assign additional duties to an employee?
In order to assign additional work to a specialist, an additional agreement to the employment contract must be concluded.
- Wages cannot be reduced during the probationary period, reminded the Labor Ministry
An employer does not have the right to reduce the salary of an employee on probation. It is accrued in full under a contract, the terms of which correspond to the organization’s remuneration system.
In addition, the Ministry of Labor pointed out that specialists during the probationary period are subject to the same rights and obligations as the rest of the staff. This also applies to local acts on labor remuneration.
The Supreme Court of the Russian Federation shares the same position.
- Fixed-term employment contracts with heads of structural subdivisions must be adjusted by March 1
Employers need to check documents with heads of structural divisions as soon as possible and add a new reason for urgency, if any.
The Labor Code of the Russian Federation stipulates that fixed-term employment contracts can be concluded by agreement of the parties only with the head of the organization, his deputies and the chief accountant.
This ground cannot be used when hiring the head of a structural subdivision (Branch, Representative Office). If it was used until December 13, 2024, the contract is usually considered indefinite. However, if there is another basis for setting the term, the document must be adjusted no later than March 1, 2025.
Links:
Order of the Ministry of Education and Science of Russia from 19.12.2013 N 1368 (ed. of 26.05.2015) “On approval of the form of the certificate-call …
“Labor Code of the Russian Federation” of 30.12.2001 N 197-FZ (ed. of 28.12.2024)
Information of the Ministry of Labor of Russia from 17.02.2025
Federal Law of 13.12.2024 N 470-FZ
Our experts will help to review documents in the field of labor law, taking into account the changes and additions 2025 in the current legislation, as well as, if necessary, to make appropriate amendments and analysis to identify risks for employers.
Author
Anna Reznikova
- Head of legal practice in Labor & Migration
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