Review of changes and clarifications of Rostrud, judicial practice in labor legislation for 2024

A brief overview of the major changes in labor law in 2024.

Rostrud allows employment without a military ID card

Companies have the right to conclude an employment contract with a citizen who does not have military registration documents. The law does not stipulate that this circumstance prevents employment. It is not related to the business qualities of the applicant.

The employer must inform the military registration office that the citizen has not fulfilled this obligation.

When an employee does not have a military card at all, the employer sends information about the identification of a person who is not registered.

This position was expressed by the Ministry of Labor.

Rostrud also explained: it is the employee’s obligation to present a military ID upon employment, and failure to do so can be penalized.

Document: Letter from Rostrud dated 20.12.2023 N PG/26681-6-1.

An employer is not obliged to transfer an employee to telecommuting at his request, the courts have confirmed

The courts have indicated that only the employer decides on such a transfer. It takes into account the nature of the employee’s duties and the organization’s capabilities. If the employer did not have them, he was not obliged to transfer to telecommuting.

This position has already been expressed by courts, such as the 8th CCJEU and Rostrud.

Document: Determination of the 6th CCJEU of 16.11.2023 in case N 88-23511/2023.

From January 1, 2024, the obligations of employers to inform the employment service have been clarified

Staff reductions, bankruptcy, liquidation of an organization, and other actions and events must be reported exclusively through information resources, in particular the Work in Russia platform. It is now required to report not only on decisions taken, but also on their amendments and revocations.

It has been stipulated that notification, including of vacancies, should be given within 5 working days.

Document: Federal Law of 12.12.2023 N 565-FZ.

From January 1, 2024, the age limit of army deferment for IT specialists was raised

Deferment from military service for employees of IT companies has been granted up to the age of 30 instead of 27. The changes are connected with an increase in the upper limit of the draft age.

Decree of the President of the Russian Federation of 04.09.2023 N 660.

From January 1, 2024, the amount of the minimum wage is 19,242 rubles per month

The minimum wage has been increased by 18.5%. Raising salaries is not the only way to bring the level of wages up to the “minimum wage”. It can be done at the expense of other payments. For example, special additional payments to employees whose wages are below the minimum wage.

Document: Federal Law of 27.11.2023 N 548-FZ.

As of January 8, 2024, the list of risk indicators for employer inspections has been expanded

Two indicators have been added to the list of indicators which are used when deciding on an unscheduled inspection:

• Average employee pay below the MROT when comparing the size of the payroll and the number of employees for the quarter. No consideration for leave of absence at own expense, removal from duty without pay, reduction in hours, rate or salary;
• No personnel changes for the quarter when mandatory contributions to the SFD are reduced by 50%.

Document: Order of the Russian Ministry of Labor of 28.11.2023 N 836n.