Labor law

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

Cancelation of employment contract with foreign employee (highly qualified specialist). Risks for employers

After having gone through almost the entire procedure for hiring foreign employees with the status of highly qualified specialist (including entering into an employment contract after receipt of a work permit for the highly qualified specialist being hired), the parties sometimes change their mind or the employee stops contacting the employer. In such case, the employer should cancel the employment contract, but this entails certain risks. In this article, we describe how to cancel employment contracts and avoid risks as well as heavy fines.
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Quotas for foreign employees in Russia – Procedure and Deadlines

In order to protect their domestic labor market, many countries – Russia included – set quotas for hiring foreign employees. Companies must therefore obtain an authorization from the state to hire foreign nationals who need a visa to work in Russia.
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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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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

by Konsu Administrator

Recent changes labor law and important rulings court en konsu ou

Recent changes in labor law and important rulings in court practice

The dismissal of an employee for failure to achieve labour indicators is illegal, unless the employer proves the employee’s fault and the fact that, within the framework of labour relations, the employee is obliged to achieve specific indicators, as well as the fact that the employer has created all the necessary working conditions to achieve the necessary indicators. Ruling of the 1st Cassation Court of General Jurisdiction dated November 01, 2022 No. 88-28704/2022.
Dismissal for absenteeism is illegal, unless the employee was requested an explanation for each day of absenteeism. As follows from Ruling of the 5th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-8733/2022, if in the dismissal order for absenteeism the employer refers to several episodes of absenteeism (absence from the workplace for more than 4 hours in a row), explanations are to be requested from the employee with regard to each of them.
As follows from Ruling of the 7th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-17397/2022, the employer may recover only the actual costs of training from the employee, the collection of interest, indexation and penalties in such cases is illegal, as it worsens the position of the employee as compared with the rules of the labour law.
In 2023, the minimum wage will be RUB 16,242, which is RUB 963 higher than in 2022.
According to Draft Federal Law No. 270457-8, it is planned to allow confirming the passage of labour protection briefings by an employee through electronic document management, if the employer has implemented such a system. Confirmation can be arranged through the enhanced qualified electronic signature. Conducting targeted briefing on labour protection is planned to be confirmed as previously.
As follows from Ruling of the 4th Cassation Court of General Jurisdiction dated October 18, 2022 No. 88-23846/2022, the dismissal of a pregnant employee based on testing results is illegal. The court recalled that it is impossible to establish a probation period for pregnant employees, and if it was established in the contract, these provisions shall not apply. The employer will have to return the employee dismissed for this reason to her position, even if it was unaware of the pregnancy at the time of dismissal.

by Konsu Administrator

Possibility of remote work abroad, procedure for paying personal income tax and insurance premiums

In the remote work mode, the employee performs work outside the office, and interacts with the employer via the Internet. It does not matter how far from the location of the employer the place of work of the remote employee is located. There are no restrictions in this case, suggesting that the employee can work remotely while abroad.Read more

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