Latest amendments to labor law
In order to keep you informed of the latest amendments to labor law, we have compiled below a brief review of the topical issues:
1. Addition to Article 213 of the Labor Code of the Russian Federation (the “Labor Code”) as to medical examinations entered into force (13.07.2015).
The federal laws and other regulatory acts of the Russian Federation may provide for medical examinations for certain categories of employees, in particular chemical-toxicological tests for narcotics, psychotropic substances and their metabolites.
The categories of employees:
– Vessel crew members
– Aviation personnel
– Employees of internal affairs bodies
– Employees of transport safety subdivisions
– Persons employed at a job related to train movement and shunting operations
– Foreigners who arrived in the Russian Federation under procedure which does not require a visa, based on patent
– Persons engaged in private detective activity
2. The Labor Code was supplemented by new Article 262.1 establishing that one of the parents raising a disabled child under age 18 is to be given annual paid leave according to his/her request and at the time convenient for the parent.
3. Part 5 Article 64 of the Labor Code was amended as of 29.06.2015 to the extent that the employer must inform of the reason for refusal of employment in writing no later than within seven business days from the date such request was lodged (in other words, a specific timeframe for providing the response is established).
4. Starting from August 8, the period of a business trip can be confirmed not just by travel documents
If such documents are not available, the documents on renting residential premises at the place of the business trip or receipt, if living in a hotel, etc. can serve as a confirmation. In the event the said documents are not available, a memo or other document confirmed by the hosting party, specifying the business trip period, can be provided.
Document: Decree No.771 of the Russian Government dated 29.07.2015
5. The time limit for extending a scheduled field inspections of small businesses is increased
Starting from July 30, the time limit has been increased from 15 to 50 hours. Such inspections are performed as part of federal state supervision over compliance with the labor law and other regulatory acts containing norms of labor law. The period can be extended in exceptional cases (for instance, if long-term examination is needed).
Document: Decree No.701 of the Russian Government dated 13.07.2015
6. Starting from July 11, 2015, the Employer must extend a fixed-term employment contract until the end of maternity leave
If the term of such agreement expires in the course of pregnancy, the employer must extend the agreement until the end of maternity leave provided in due manner. Previously, a fixed-term agreement expiring within the period could be extended only until the end of the pregnancy.
Document: Federal Law No.201-FZ dated 29.06.2015
7. The relations at a local level of social partnership are regulated only by a collective agreement
The Federal Service for Labor and Employment (Rostrud) has come to such conclusion. However, it should be noted that the Labor Code of the Russian Federation provides for other agreements which regulate certain aspects of social labor relations and can be concluded at any level of social partnership (including at the local level).
Document: Letter No.1036-6-1 of Rostrud dated 30.04.2015
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Should any questions arise in connection with the above or if you need any additional materials, please contact Irina Onikienko, St. Petersburg Office of Capital Legal Services.
This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.