Rostrud: the amount of advance payment is not set at the discretion of the employer
Rostrud clarified whether an employer has the right to set the amount of an advance payment at its discretion, for example 50% of the amount of the salary.
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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.
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Permissible share of foreign labor force for 2024
For 2024, the Government has approved the permissible proportion of foreign workers who may work for Russian employers.
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Legal support for the employer in the area of labor law in the process of staff reduction
Client
International company. Activities:
- Wholesale and retail trade in clothing and footwear in specialized stores
- Sale of products via the Internet
- Rental and management of owned or leased real estate property
Objective
- Resolution of individual labor disputes with an employee in connection with dismissal on the employer's initiative (staff reduction).
- Minimizing risks for the company in terms of fines, compensation payments, and reinstatement.
Work stages
- Analysis of documents prepared by the client for dismissal
- Negotiating with the client on identified violations and inaccuracies in the course of the redundancy procedure
- Study of the statement of claim to identify weaknesses of the plaintiff, preparation of the defendant's legal position, response to the statement of claim in order to maximize the client's defense and prevent reinstatement at work
- Finalization and development of necessary documents, identification of inaccuracies, preparation of a package of documents for the court
Result: successful conclusion of the case in favor of the company, dismissal of the claim in full.
From October 1, fines for employers for violations of military registration rules will increase
In 2023, there were significant changes in legislation regarding the maintenance of military registration. This applies to all employers who are legal entities.
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Changes in personal income taxation of payments to remote workers
Since 01.01.2024, payments when an employee performs labor functions remotely under a contract with an employer that is a Russian organization or with a separate subdivision of a foreign organization registered in the territory of the Russian Federation, is recognized as income from sources in the Russian Federation [1]. Such income is subject to personal income tax at the rate of 13% (15% for payments exceeding 5 million rubles per year).
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Is it necessary for companies to conduct salary indexation in 2023 and what factors should they take into account?
What is indexation
Salary indexing is the increase in employee wages in accordance with the rise in prices. Indexing the salary level is an obligation, not a right, of the company. This is stated in Article 130 of the Labor Code. The Supreme Court also indicates this in the definition of 08.04.2019 No. 89-KG18-14.
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Immunization of foreign workers against measles
Legal entities, individual entrepreneurs, and citizens are obliged to comply with the requirements of sanitary legislation, as well as with the provisions and orders of officials exercising federal state sanitary and epidemiological supervision (Article 11 of the Law No. 52-FZ "On the sanitary and epidemiological welfare of the population" of March 30, 1999).
Changes in requirements to special assessment of working conditions
The draft law to amend the Federal Law "On special assessment of working conditions" has been publishedRead more
Special assessment of working conditions – terms and procedure
Article 212 of the Russian Labor Code requires employers to conduct a special assessment of working conditions. The relations, obligations and rights of employers and employees associated with special assessments of working conditions are regulated by Federal Law N 426-FZ dated December 28, 2013.
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