Member Article

On October 7, 2022 Federal laws No. 376-FZ and No. 379-FZ which provide supplementary guarantees for employees came into effect. Among other things, new grounds for termination of an employment contract have been introduced and opportunity and procedure for an employment contract suspension for the period of military service have been formalized.

Employment Contract Suspension

New regulation provides for suspension of an employment contract with an employee for the period of their military service (either due to mobilization or under a contract) or voluntary assistance to the Armed Forces of the Russian Federation (“RF AF”).

An employment contract with a mobilized or contractually called up for military service employee cannot be terminated on the grounds of their being drafted to military service (subject to cl. 1 p. 1 art. 83 of the Labour Code of the Russian Federation).

To suspend an employment contract an employee shall:

• File an application with the employer;

  1.

• Attach a copy of the military summons (or a corresponding authority’s notice);

  2.

• After discharge form the military service notify the employer not later than 3 business days prior to their job start date.

  3.

Pursuant to this the employer shall:

• Issue an order on suspension of the employment contract;

  1.

• Submit the information on suspension of the employment contract to the Pension Fund of the Russian Federation not later than on the following business day after the issuance of the order;

  2.

• Pay to the employee their salary and other payables (for example, compensation for unused leave) due for the whole period until the date of suspension not later than on the day of the employment contract suspension;

  3.

• Not later than on the following business day of the employee’s return to work issue an order and submit the information to the Pension Fund of the Russian Federation.

  4.

During the suspension period the parties neither exercise their rights nor perform their obligations under the contract. However, the employee’s position has to be retained. The period of the employment contract suspension shall be included into the employment record and into the record providing for the right for the annual main paid vacation.

During the employment contract suspension period the employer has no right to terminate the contract with the employee on its own initiative (other than due to liquidation or expiration of the fixed term employment contract). However, there is an opportunity to enter into a fixed-term employment contract with a temporary employee to cover for absence.

Dismissal of the Employee

The employer has the right to terminate the employment contract with the employee in case of the employee’s absence from work upon the expiry of 3 months after their discharge form the military service (due to mobilization or under a contract).

Supplementary Guarantees

• Preferences in keeping at work

  In case of equal labour efficiency and competence it is preferred to keep at work a parent of a child under 18 y.o. if their other parent has been called up for military service (due to mobilization or under a contract).

• Guarantees for persons with family obligations

  If one of the parents of a child under 14 y.o. has been called up for military service (due to mobilization or under a contract) it is possible to send their other parent on business trips, attract to overtime or night works or works in weekends or non-working public holidays only subject to such other parent’s written consent.

• Preemptive employment right

  Citizens who (a) have concluded a military service or the RF AF voluntary assistance contract in the period since February 24 till September 21, 2022, and (b) have been fired within this period have a preemptive employment right to take their former position.
  
  This right may be exercised within 3 months after discharge from the military service or expiration of the contract. Herewith, if the employer has no opportunity to offer the employee their previous position it shall offer them a different job medically permissible for the employee.

ALRUD Labour Practice experts are ready to provide all necessary legal assistance on the issues relating to mobilization in the territory of the Russian Federation.

Please note that all information was taken from public sources. The author of this material is not responsible for any consequences resulting from decisions made on the basis of this information.