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Labour law

The Labour Code of the Russian Federation was adopted on December 30, 2001 and provides for some flexibility in labour relations, particularly in the conclusion of labour agreements for a fixed term and in the establishing of working hours.

The labour agreement is an innovation of the Russian labour law especially in comparison with the previous one adopted in 1971.

Labour agreement is an agreement in writing between the employer and the employee (parties to the agreement) according to which the employer shall provide the employee with the work specified in the labour agreement, ensure proper labour conditions, pay labour remuneration in full and on time and the employee shall personally carry out the work specified in the agreement and observe in-house labour rules.

It comes into effect upon signing by both parties (unless otherwise stipulated by the Russian legislation and the agreement itself) or on the day the employee de facto gets access to work and starts working (if the employee starts working before the agreement is concluded, the employer shall draw up the agreement in writing within three days of the employee starting work). Any labour agreement contains such substantial terms and conditions as:

as well as optional terms&conditions such as:

The labour agreement can be concluded either for an indefinite time period or for a definite one, but not over 5 years (so called fixed-term labour agreement). A labour agreement is recognised as concluded for an indefinite period if the agreement does not stipulate its duration period.

Conclusion of labour agreement

As a rule, a labour agreement is concluded with employees of 16 years of age or older.

Persons applying for a job in the field of education may not be employed if they are prohibited from such jobs by court ruling, due to medical indications or previous convictions, as established by federal laws.

The following persons may not be employed:

Special requirements established for conclusion of certain labour agreements

Before being employed, the following persons shall undergo compulsory medical examination:

Employees at jobs related to transport communications are employed and trained according to the procedure set by a corresponding federal authority

Persons applying for a job:

Restrictions on conclusion of certain labour agreements

An effective court sentence (Art. 47 of the Civil Code) may deprive the citizens of the right to:

Documents submitted for conclusion of labour agreements

*Are drawn up by the employer if an employee concludes a labour agreement for the first time

Employment procedure

The hiring of an employee is formalised in an order (directive) of the employer which is drawn up in compliance with the labour agreement.

The order (directive) shall be read out to the employee against the latter?s signature within three days of the labour agreement being signed (at the employee’s request (s)he must be given an attested copy of the order).

The employee is obliged to start working on the day set by the labour agreement (if the agreement does not stipulate any specific day, the employee must begin working the next day after the agreement comes to force).

Probation period

The parties may agree to establish a probation period (generally not exceding 3 months) for an employee in order to check the compliance of the latter with job requirements; the probation clause must be included into the labour agreement (otherwise the employee is considered to be employed without probation).

Should the probation’s result be poor, the employer has the right to terminate the labour agreement with the employee before the end of probation without severance pay and approval of the trade union; however, the employer must notify the employee in writing at least three days before the dismissal (and name the reasons for the dismissal). The employee may appeal the dismissal in court.

If the employee keeps working after expiry of the probation period, (s)he is considered as passed the probation successfully, and the labour agreement may be terminated on the general grounds only.

During probation, an employee has the right to terminate the labour agreement at his/her initiative provided (s)he informs the employer on the decision in writing three days before.

No probation is established for:

Job record book

A job record book is the major document certifying the employee’s labour activity.

The employer (except for employers — natural persons) shall keep a job record book for each employee having been on payroll for more than five days (at employee’s principal work).

A job record book contains relevant information on the employee, his/her job, transfers to other permanent jobs, dismissals and their reasons (must repeat the wording of the Labour Code or of other federal laws, and refer to appropriate paragraphs), entries on the employee’s rewards for efficient work (information on penalties imposed on the employee for poor work performance are not included).

The employer gives the employee his/her job record book (at request of the employee — together with copies of documents related to the job) on the day of dismissal (the last day of work).

Grounds for termination of labour agreement
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