Legal overviews
Additional Social Guarantees Against Dismissal for Certain Categories of Employees
- Author: Olga Anisimova
- Service: Labor and Migration Law
- Date: 19.04.2024
1. GUARANTEES FOR SINGLE PARENTS AGAINST DISMISSAL ON EMPLOYER'S INITIATIVE
In February of this year, amendments were introduced[1] to the Russian Labor Code (the "Labor Code") concerning guarantees for persons with family responsibilities in cases where an employment contract is to be terminated.[2]
Starting February 25, 2024, the law increased the age for children whose single parent cannot be dismissed on the employer's initiative. Previously, an employment contract with a single mother or other person bringing up a child under the age of 14 without a mother could not be terminated. The age limit has now been increased to 16.
The amendments are justified by the fact that children, as a rule, attend school until age 16, and single mothers raising them or other persons raising children without a mother need additional protection from the state.
However, despite this restriction, the employer can still dismiss such an employee on the following grounds:
- Liquidation of an organization or termination of an individual entrepreneur's activity[3];
- Repeated failure to perform work duties without a valid reason, if the employee has previously been subjected to disciplinary action[4];
- A single gross violation of work duties[5];
- Culpable actions of an employee who directly services cash or commodity valuables, if the actions give grounds for loss of the employer's confidence in them[6];
- Failure to take measures to prevent or resolve conflict of interest to which an employee is a party, as well as other grounds[7];
- An employee who is engaged in educational functions committing an immoral misdemeanor incompatible with continuing such work[8];
- A single gross violation of employment duties by the head of an organization (or branch, or representative office) or their deputies[9];
- An employee submitting false documents to an employer when entering into a labor contract[10];
- Use, including one-time, of educational methods associated with physical and/or mental abuse of a student or pupil.[11]
Employers should note these changes in their HR work.
2. GUARANTEES FOR SPOUSES OF DECEASED COMBAT VETERANS AGAINST DISMISSAL ON THE EMPLOYER'S INITIATIVE
At the beginning of April this year, another law was published,[12] which envisages additional guarantees for spouses of deceased combat veterans.
The Labor Code is supplemented with a provision[13] which establishes that termination of a labor contract with the spouse of a deceased combat veteran on the employer's initiative is not allowed within 1 year of the death of the combat veteran, provided the spouse of the deceased has not remarried.
The amendments are aimed at increasing the level of social protection for persons participating in the Special Military Operation and their family members.
However, despite the guarantee introduced, such an employee can be dismissed on the same grounds as a single parent bringing up a child under age 16 (see above).
The amendments took effect on the day of official publication. We will keep you informed of further developments. We hope you find this information useful.
[1] Federal Law No.12-FZ dated February 14, 2024
[2] Article 261 of the Labor Code
[3] Clause 1 Part 1 Article 81 of the Labor Code
[4] Clause 5 Part 1 Article 81 of the Labor Code
[5] Clause 6 Part 1 Article 81 of the Labor Code
[6] Clause 7 Part 1 Article 81 of the Labor Code
[7] Clause 7.1 Part 1 Article 81 of the Labor Code
[8] Clause 8 Part 1 Article 81 of the Labor Code
[9] Clause 10 Part 1 Article 81 of the Labor Code
[10] Clause 11 Part 1 Article 81 of the Labor Code
[11] Clause 2 Article 336 of the Labor Code
[12] Federal Law No.70-FZ dated April 6, 2024
[13] Article 264.1 of the Labor Code