Review of labor law: July 2015
On July 11, 2015, two laws amending the Labor Code of the Russian Federation (the “Labor Code”) entered into effect: Federal Law No. 200-FZ “On introducing an amendment to Article 64 of the Labor Code of the Russian Federation” and Federal Law No. 201-FZ “On introducing amendments to Articles 84.1 and 261 of the Labor Code of the Russian Federation” dated June 29, 2015.
The amendments provide for:
- A 7-day period for an employer to inform a candidate of the grounds for denial of employment;
- An obligation to extend a fixed-term labor agreement until the end of a maternity leave.
Timeframe for informing of denial of employment
In accordance with restated Part 5 Article 64 of the Labor Code, the employer must, upon a written request of the candidate being denied employment, inform of the grounds for the denial within seven work days from the date of the request. This obligation itself existed earlier, but without a specific timeframe.
It should be noted that the law in its final version does not take into account the comment made by the Russian Government that the amendment allows the potential for abuse of the right by the person being denied employment, because the timeframe during which the request can be made is not limited by law. Therefore, employers are recommended to keep, upon the candidate’s consent, information on all candidates and results of interviews.
Obligation to extend a fixed-term labor agreement until the end of maternity leave
In accordance with the amendments introduced to Article 261 of the Labor Code, women are given an additional guarantee that a fixed-term labor agreement will be extended until the end of maternity leave, subject to provision of a certificate confirming temporary disability.
In accordance with the former version of Article 261 of the Labor Code, a fixed-term labor agreement was extended only until the end of pregnancy.
New rules have also led to changes in Part 6 Article 84.1 of the Labor Code. Now, when dismissing a woman whose labor agreement was extended until the end of maternity leave, the employer is released from liability for failure to return the employment record book if the last day of work does not coincide with the date the documents on termination of employment are executed.
Should any questions arise in connection with the above or if you need any additional materials, please contact Dmitry Churin or Vadim Kovalyov, 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.