The Ministry of Labor approved a new methodology for conducting special assessment and a report form
The methodology for carrying out special assessment had to be updated in connection with amendments to the law on special assessment of working conditions. What is new: a number of documents on the conduct of special assessment have been updated.
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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.
Changes in the Labor Law of the Russian Federation in 2024
Most important changes in labor law which come into force in 2024.
New rules of filing results of special assessments of working conditions
Starting from September 1, 2023, the report on conducting a special assessment of working conditions can be submitted in electronic form.
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New rules on overtime pay
The Constitutional Court recognized that the current practice of paying overtime violates the rights of employees. The judges obliged lawmakers to amend Article 152 of the Labor Code and employers to apply the new work algorithm.
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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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Starting from September 1st, 2023, employees who care for disabled children will be able to accumulate additional days off during the calendar year and take a vacation of up to 24 days
One of the parents (guardian, custodian) of a disabled child may request four additional paid days off per month for caregiving purposes, which may be used by either of the mentioned individuals or divided among them at their discretion. Once per calendar year, it is allowed to use up to twenty-four consecutive additional paid days off within the total number of unused additional paid days off that one of the parents (guardian, custodian) is entitled to receive in that calendar year. If more than four additional paid days off are used consecutively, the schedule for providing these days off must be agreed upon between the employee and the employer. The payment for each additional day off is made in the amount of the average wage and in the manner established by federal laws.
Document: Federal Law of December 5th, 2022 No. 491-FZ
Provisions on remote work added in the Russian Labor Code
On December 8, the President signed Federal Law No. 407-FZ which amends the Russian Labor Code. These amendments will become effective on January 1, 2021. We have described them in this article as well as how employers should prepare for these changes.
