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Legislative Updates

LABOR CODE AMENDMENTS

Amendments are introduced in more than 300 code articles, besides 13 new articles are introduced A number of amendments is introduced in the RF Labor Code (RF LC). Most articles are legal and technical in nature and aim at eliminating existing contradictions and inaccuracies as well as eliminating a possibility of varying interpretations of legal rules without changing the conceptual nature of clauses. Besides, amendments which considerably change individual code clauses were introduced. The notion of "organization" in the RF LC is changed for "employer". Hence, code law rules also apply to employers which are not legal entities (self-employed entrepreneurs and employers-individuals which hire employees for personal service and house-keeping). In addition self-employed entrepreneurs are requested to keep labor books of employees. Besides, self-employed entrepreneurs and small business employers are debarred from concluding a labor agreement with an employee for a certain limited period, if the total number of employees exceeds 35. These categories of employers engaged in retail business and public services can conclude fixed-term labor agreements if the number of employees does not exceed 20. The unpaid leave of absence is increased from 7 to 14 days and it is included in the record of service, authorizing a yearly paid leave. In case of a pay pause the employer is obliged to pay an appropriate money compensation irrespective of his fault. Labor unions are entitled to require bringing to responsibility for abuse of employee rights not only the head of organization but also the head of appropriate department. Within the period of work suspense caused by salary nonpayment over 15 days the employee is entitled to be absent from his work place during labor hours. In addition he is obliged to turn up to work not later the next working day after the receipt of a written notification from the employer on his readiness to make payment. The payment system of leave allowance and compensation for carry-over vacation was also subject to some changes ? on the basis of year salary and not three-month salary as earlier stated. Labor payment procedure was changed for women with a child up to 1,5 years old in case of her transfer to another job based on her request due to her impossibility to perform the previous job. According to the introduced amendment the labor remuneration is carried out for the performed job but not less than the average salary for the previous job. Therefore, there is a possibility of transfer to a more high-paying job. Breaks to woman workers for child feeding is allowed each three hours irrespective of the fact whether their job is continuous or not. Guarantees related to business trips, overtime, night work, weekends and public holidays specified in Section 2, Article 259 of RF LC are also provided for mothers and fathers bringing up children up to 5 years without husband (wife). Clauses related to guarantees for pregnant women in case of dismissal were changed. The fixed-term labor agreement is prolonged upon working woman request and if an appropriate medical certificate is provided before pregnancy termination and not before the moment of maternity leave entitlement. In this case the employer has a right to request (not more than once per three months) a medical certificate confirming pregnancy from the employee. If after pregnancy the workwoman continues working the employer has a right to cancel the prolonged agreement within a week from the day when he knew or should have know the fact of pregnancy termination. One more ground was introduced which allows woman dismissal during the pregnancy period ? expiration of the fixed-term labor agreement concluded for the period of absence of a temporarily absent employee if it is impossible with consent of the woman to transfer her before pregnancy termination to another job which allows accounting for her state of health. In this case all available vacancies meeting the specified requirements should be proposed to the working woman. Individual law rules related to labor regulation for part-time persons were changed. A minimum amount of compensation was established for a case of manager dismissal upon decision of an authorized organization body or its property owner when there is no manager guilty activity. The compensation cannot be less than the three-time average monthly salary. Strike initiation procedure is simplified. Employee meeting is considered to be authorized to approve a decision on calling a strike, taken by labor union, if there is not less than a half of all employees on the meeting, a conference ? if there are not less than two third of delegates. Formerly, a meeting and a conference of employees were considered to be authorized if there were not less than two third of all employees (conference delegates). The list of cases when it is allowed to call employees to work on weekends and public holidays without their consent was fixed. The federal law comes into effect upon expiration of 90 days after the day of official publication.



See more:
- 2015: Changes to the immigration legislation
- 2015: STANDARD WORK PERMITS
- 2015: HIGHLY QUALIFIED SPECIALISTS UPDATE
- Starting 12 December 2014 new labour regulations for foreign workforce
- Dear All



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