It is proposed to supplement the Labor Code of the Russian Federation with a chapter on temporary transfer to another job at the direction of the employment service, as well as with an article on temporary transfer to remote work during seasonal allergies.

On 15.05.2024, Draft Federal Law N 625769-8 “On Amending the Labor Code of the Russian Federation” was submitted to the State Duma.

In particular, it is planned to supplement the Labor Code of the Russian Federation with the chapter “Temporary transfer to another job on the referral of a state employment service institution”.

Temporary transfer to another job may be carried out by the employer with the written consent of the employee in the case of receipt by the employment center of the employer’s proposal containing information on the need for temporary transfer of employees from another employer or in the case of receipt by the employment center of information from the employer on the suspension of work.

Such a transfer will be possible upon the referral of the employment center containing an offer to the employee specifying the position (profession, specialty), conditions of remuneration, working conditions at the workplace, other conditions in cases stipulated by the labor legislation and other normative legal acts containing norms of labor law.

According to the new Article 76.1 of the Labor Code of the Russian Federation, during the period of temporary transfer of an employee to work for another employer, the initially concluded employment contract is suspended, but the duration of its validity is not interrupted.

At the same time, it is prohibited to transfer an employee to work that is contraindicated for them due to their health condition.

Within the framework of bill N 625769-8, it is also proposed to:

  • amend Article 115 of the Labor Code of the Russian Federation to include a provision for granting an annual basic paid vacation of at least 30 calendar days to working individuals with disabilities;
  • establish the main directions for countering the formation of overdue wage arrears and to provide the highest executive authorities of the subjects of the Russian Federation with the power to create corresponding interdepartmental commissions;
  • clarify and expand the powers of Rostrud (Federal Service for Labor and Employment) to monitor employers’ compliance with labor agreements, adherence to labor legislation requirements, including legislation on the special assessment of working conditions, and the compliance of private employment agencies with accreditation requirements for the provision of labor services (personnel);
  • specify the regulations governing the labor of employees temporarily assigned to other employers under a labor provision agreement.

On 21.05.2024, draft law No. 629624-8 was submitted to the State Duma, according to which the Labor Code of the Russian Federation is to be supplemented with an article on the procedure for the temporary transfer of an employee to remote (remote) work during seasonal allergies.

According to the amendment proposed in this draft law, the employer will be obliged to temporarily transfer an employee to remote (remote) work during the seasonal allergy period in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation at the written request of the employee.

At the same time, the employer provides the employee temporarily transferred to remote (remote) work during the seasonal allergy period at the initiative of (the employee) the employer with the equipment, software and hardware, information protection means and other means necessary for the employee to perform the labor function remotely, or pays compensation to the remote employee for the use of equipment, software and hardware, information protection means and other means owned or leased by him/her, reimbursed by the employer. If necessary, the employer trains the employee in the use of equipment, software and hardware, information protection means and other means recommended or provided by the employer.

It is also proposed to supplement the Labor Code of the Russian Federation with Article 312.11, according to which, employees with seasonal allergies shall be granted annual paid vacation at their request at a time convenient for them.