602,308,745 rubles were received by illegally dismissed employees from their employers through the courts for the period 2018 – the first half of 2020.
This figure perfectly demonstrates that the employees in Russia actively defend their rights in court, and the employers still make many mistakes while dismissing the employees.
On December 9, 2020, the Russian Supreme Court approved large Survey of the court cases related to the termination of an employment contract at the initiative of the employer (https://www.vsrf.ru/documents/all/29463/ ). In this document, the Supreme Court analyzes the courts’ mistakes and explains how the legal provisions on dismissal shall be applied.
One of the main points of this Survey is that the principle of humanity shall be applied by the courts in relation to the employees. It is forbidden to use the employment law instruments only for the purpose to get rid of an employee. The circumstances of the particular situation must be taken into account.
One interesting case was mentioned by the Supreme Court in its Survey. It concerns the dismissal of a remote employee for absence at work. Initially, this employee worked in the office. Then he started working from home. This was agreed with the employer. However, no amendments to the employment contract were made. One day (after several years working from home!), the employer decided to dismiss the employee for long absence at work. The employee filed a lawsuit and the court in this case took the side of the employee. The court indicated that the employee and the employer have reached an agreement on the remote performance of work. The employer was the one who was responsible for correct formalization of this agreement.
And we would like to remind you that as from January 1, 2021, the amendments to the Labor Code of the Russian Federation concerning remote work came into force. During this year remote work has become our new reality, and now, more than ever, it is important to have legally accurate internal regulations and employment contracts provisions associated with remote work issues.
Our team will be happy to advise you on all the nuances of the new legislation and elaborate all the necessary documents. For all the questions, please contact us.
