Overtime work will be paid according to new rules: the law has been signed

The President has signed Federal Law No. 91-FZ of 22.04.2024 with new rules for the payment of overtime work. Amendments to Part 1 of Article 152 of the Labor Code were developed on behalf of the Constitutional Court (ruling of 27.06.2023 № 35-P). According to the ruling of the Constitutional Court, when paying for overtime work, it is necessary to take into account not only the employee’s net salary, but also compensatory and incentive payments.

It will be necessary to pay as follows: for the first 2 hours of work – not less than one and a half times the rate; for the following hours – not less than double the rate.

The changes will come into force on September 1, 2024. But already now act in accordance with the CC ruling and taking into account the new rules.

In addition, the amendments do not cancel the right of an employee who has worked overtime to choose time off in lieu of extra pay.

The Constitutional Court of the Russian Federation has clarified how to pay for unused time off when an employee is dismissed

If on the day of dismissal an employee still has unused time off and the reason for its granting is documented, it is necessary to make payment for them in cash according to the rules on the basis of which the time off was granted. For example, if the time off was granted for working on a day off, Article 153 of the Labor Code of the Russian Federation should govern. This rule also applies to time off for overtime work only according to the rules of payment provided for such work, Art. 152 of the Labor Code of the Russian Federation.

But there are exceptions. For example, no compensation is paid for “donor” days not taken off.

The law obliges to pay for work on a day off (non-working holiday) at an increased rate (Article 153 of the Labor Code of the Russian Federation). At the same time, the law allows an employee to be granted another day of rest at his/her request for work on such a day. In this case, work on a day off or a non-working holiday is paid at a single rate, and the day of rest is not paid (part 4 of Article 153 of the Labor Code of the Russian Federation).

At the same time, if the employee does not manage to use such a day of rest before dismissal, pay him for the time actually worked up to double the amount (or more, if it is established by a local normative act, collective or labor agreement in accordance with part 2 of article 153 of the Labor Code of the Russian Federation). Such additional payment must be made for work on weekends (non-working holidays) for the entire period of work for a particular employer (Decision of the Constitutional Court of the Russian Federation of 06.12.2023 N 56-P, Letter of the Ministry of Labor of Russia of 18.05.2021 N 14-6/OOOG-4466). By refusing him, the Employer will deprive the employee of legal labor remuneration, and thus risks violating the law. This follows from Part 1 of Article 21, Part 2 of Article 22, Part. 1 of Art. 129, part 1 of Art. 140, part 1 of Art. 149, part 1 – 4 of Art. 153 of the Labor Code of the Russian Federation. Document the granting of a day of rest in this case in order to exclude possible disputes with the employee and inspectors.

The Law on Youth Policy has clarified the concept of “young specialist”

Until April 2024, a young specialist is a Russian up to and including 35 years of age who, after graduation, finds a job in his or her profession for the first time. But many students start working while they are still studying. It turns out that after they receive their diploma and go to work, they are no longer young specialists. This was changed by Federal Law No. 95-FZ of 22.04.2024: those who worked during their studies and now find a job in their specialty are now recognized as young specialists. This refers to any labor experience: both student teams and temporary employment will be considered.

In addition, the law will now include the concept of “young worker”. This is not the same as “young specialist”.

A young worker is a Russian up to 35 years old, who got a job for the first time and has been working at it for 3 years in a row. Specialization and diploma do not play a role here. This is support for those students who have had to change their profession.

There is a clarification that “when establishing support measures for certain categories of young citizens, young families, young professionals and young workers, a different maximum age may be established than is stipulated in paragraphs <…> of this Federal Law, but not less than 35 years of age inclusive”.

Recall that young professionals have a number of labor guarantees. Namely:

  • Hiring without a probationary period, if the employee enters work for the first time in the specialty received within a year from the date of obtaining professional education.
  • Creation of conditions for professional and social adaptation in the organization.
  • Assistance in employment (employment by specialty; provision of jobs for graduates of vocational education institutions).
  • Wage supplements and other payments.

As of May 1, 2024, the rules for electronic sick leave will change

It will be possible to request information from the FIS only if a machine-readable power of attorney (MPO) has been issued by the insured person.

At present it is possible to request sick leave data from the SFRS using, inter alia, the electronic signature certificate of an individual who has been issued a paper power of attorney to work with the SFRS.

However, as of May 1, 2024, it will be possible to request information on employees’ sick leave only from the CDM.

To work with other forms in the SFR, paper powers of attorney may be used either until July 1, 2024, or until the expiration of the electronic signature certificate specified in the information on the confirmation of authority. It is possible to generate a CDO through:

  • by means of accounting and personnel accounting software (if available);
  • services of electronic document management operators;
  • ARM CDA (free SFD software available on the Fund’s website);
  • by means of own software (specifications for finalization will be required).

In the law on social insurance it is proposed to prescribe the right of fathers to paid sick leave

The State Duma Committee on Labor, Social Policy and Veterans’ Affairs has drafted a bill according to which fathers will be able to count on sick leave benefits in the event that a certificate of incapacity for work is issued to care for a sick child during a spouse’s childcare leave.

The State Duma explained: the law does not provide for the simultaneous payment of temporary disability allowance and monthly childcare allowance while one of the family members is on childcare leave.

Thus, if the child’s mother falls ill and cannot care for the child, the child’s father will not be able to receive paid sick leave while caring for the child.

In this regard, the deputies have prepared amendments to Part 1 of Article 5 of the Federal Law “On Compulsory Social Insurance for Temporary Inability to Work and in Connection with Maternity”, providing for the provision of insured persons with temporary disability benefits in the event of the need to care for a sick child up to the age of 3 years during the illness of the insured person: mother, father, other relative, guardian, who is on leave to care for the child.

Recall: according to Article 256 of the Labor Code, at the request of a woman, she is granted leave to care for a child until the child reaches the age of three years. As of January 1, 2024, the right to child allowance is preserved if the woman or other persons actually caring for the child leave early or work for another employer during this leave.

But there are nuances: in order for the benefit to be received by a relative who will take a leave of absence and care for the child, the employee must submit an application for waiver of the benefit.

There will be new rules for sending information for payment of sick pay and child benefits

As of May 3, new rules have been in force, according to which insurers must send information and documents to the FIS in electronic form for the assignment of benefits for temporary incapacity for work, child care and traumatism (FIS Order No. 9 of 12.01.2024).

Employers must send the data and documents required for payment of sick pay, child care and injury benefits to the FIS via the Fund’s electronic document management system. The Fund has 3 working days from the date of receipt of such data to process the request. The obligation to transmit the data is considered fulfilled after the EDM system records the date and time of receipt of the information and its identifier. Information and documents must be signed with an enhanced qualified electronic signature of the insured or his authorized representative.