ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us français | español
> GOVERNANCE - home > Employment protection legislation database - EPLex >

Russian Federation
 


Source and scope of regulations - 2019    

References
  • Labour Code of 2002, last amended 2018 (consolidated text available only in Russian)
    Date: 2018; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • Article 59 provides that a fixed-term contract may be concluded upon agreement by the worker and the employer in entreprises employing less than 35 workers (or 20 workers in enterprises of retail and services).

Workers' categories excluded: army; managerial / executive positions
Remarks:
  • Article 11 of the Labour Code

Types of employment contracts - 2019    

+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Article 70 of the Labor Code: the probationary period cannot exceed 3 months for all workers and 6 months for some managers and financial officers.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Article 59 of the Labour Code lists the cases where the use of fixed-term contracts are authorised
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Article 58 of the Labour Code
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • Article 58 of the Labour Code

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Article 81 of the Labour Code


Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity
Remarks:
  • Article 81 of the Labour Code


Prohibited grounds: marital status; pregnancy; race; colour; sex; political opinion; social origin; nationality/national origin; age; trade union membership and activities; financial status; language; ethnic origin
Remarks:
  • Article 3 of the Labour Code prohibits discrimination at work on several grounds.
    Article 261 of the Labour Code prohibits to dismiss a pregnant worker and provides some protection against dismissals to women workers with children.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; minors
Remarks:
  • Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

    Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

    Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.



Procedural requirements for individual dismissals - 2019    

+ show references

Notification to the worker to be dismissed: written

Remarks:
  • Article 84-1 of the Labour Code

Notice period:
Remarks:
  • Article 180 LC provides that the employees should be notified no less than two months if the reason for the dismissal is liquidation or downsizing of the enterprise.

    Moreover:
    • if a fixed-term contract for a period of up to 2 months is terminated, a notice must be sent not less than 3 calendar days for the reasons of expiry of the contract (Article 79 LC) and for liquidation or downsizing of the enterprise (Article 292 LC);
    • if a seasonal work contract is terminated, a notice must be sent not less than 7 calendar days (Article 296 LC)
    • if the employee is a migrant worker or a stateless person, a notice regarding the termination of the contract for liquidation or downsizing of the enterprise reasons must be sent not less than 3 calendar days before the dismissal (Article 327.6 LC)
    • tenure ≥ 6 months
      • economic dismissal - 2 month(s).
    • tenure ≥ 9 months
      • economic dismissal - 2 month(s).
    • tenure ≥ 1 year
      • economic dismissal - 2 month(s).
    • tenure ≥ 2 years
      • economic dismissal - 2 month(s).
    • tenure ≥ 4 years
      • economic dismissal - 2 month(s).
    • tenure ≥ 5 years
      • economic dismissal - 2 month(s).
    • tenure ≥ 10 years
      • economic dismissal - 2 month(s).
    • tenure ≥ 20 years
      • economic dismissal - 2 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Article 180 of the Labour Code provides on the pay in lieu of notice in case of dismissals for economic reasons.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Remarks:
    • Article 82 of the Labour Code: in case of termination of employment for economic reasons or for worker's conduct or performance, an employer cannot dismiss a worker, member of a trade union, without having taken into account the motivated opinion of the entreprise trade union.

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

    + show references

    Definition of collective dismissal (number of employees concerned):
    Article 82 of the Labour Code provides that collective dismissals for economic reasons are to be defined by collective agreements at the branch and/or territorial level.

    In addition to several branch and territorial collective agreements, Council of Ministers' Decree of 1993 No. 99 defines collective dismissals from 50 dismissals upwards within the period of 30 calendar days.

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Article 180 of the Labour Code

    Notification to the public administration: Yes

    Remarks:
    • Under Articles 21 and 25 of the Law on Employment, the employer has to inform the public service of employment three months in advance about any expected collective dismissals for economic reasons.

    Notification to workers' representatives: Yes

    Remarks:
    • Article 82 of the Labour Code: the employer must inform the trade union about any expected reduction of the workforce for economic reasons 2 months in advance and 3 months in advance in case of expected collective dismissals for economic reasons.

    Approval by public administration or judicial bodies: No

    Remarks:
    • However, pursuant to Article 7.4) of the Law on Employment and Council of Ministers' Decree of 1993 No. 99, the employer's decision on collective dismissals for economic reasons may be suspended by the local authorities up to 6 months, upon proposal of the public service of employment and trade unions to take into account the employment situation at the labour market.

    Approval by workers' representatives: No

    Remarks:
    • Article 82 of the Labour Code: an employer cannot dismiss a worker, member of a trade union, without having taken into account the motivated opinion of the entreprise trade union.

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Remarks:
    • Article 179 of the Labour Code "Preferential right to retain the job on reducing the number of staff of the organization":

      On reducing the number of staff, employees having higher qualifications and higher productivity are granted a preferential right to retain the job.

      If employees have equal qualifications and productivity rates the preference is given to:
      - married employees having two or more dependants (disabled members of the family who are dependent on the employee for support or who receive assistance from him which is the only source of means of subsistence for them);
      - employees in whose families there are no other employees having independent earnings;
      - employees who got a maiming in work or a professional disease in this organization;
      - invalids of the Great Patriotic War and invalids of military actions in defending the Motherland;
      - employees sent by the employer to improve their qualifications while continuing their work.

      The collective agreement may stipulate other categories of employees who may be granted the preferential right to retain the post while having equal qualifications and productivity rates with others.

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Article 81 of the Labour Code

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2019    

    + show references

    Severance pay:
    Remarks:
    • Article 178 of the Labour Code: the worker is entitled to a two-week salary severance pay in some cases of dismissals.
    • tenure ≥ 6 months: 2 week(s)
    • tenure ≥ 9 months: 2 week(s)
    • tenure ≥ 1 year: 2 week(s)
    • tenure ≥ 2 years: 2 week(s)
    • tenure ≥ 4 years: 2 week(s)
    • tenure ≥ 5 years: 2 week(s)
    • tenure ≥ 10 years: 2 week(s)
    • tenure ≥ 20 years: 2 week(s)
    Redundancy payment:
    Remarks:
    • Article 178 of the Labour Code: any worker dismissed for economic reasons is entitled to a redundancy pay whose amount is one-month average salary. In addition the worker is entitled to an average salary during three months if the worker applied to the employment agency within two weeks after dismissal and was not placed in a job.
    • tenure ≥ 6 months: 1 month(s)
    • tenure ≥ 9 months: 1 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 1 month(s)
    • tenure ≥ 4 years: 1 month(s)
    • tenure ≥ 5 years: 1 month(s)
    • tenure ≥ 10 years: 1 month(s)
    • tenure ≥ 20 years: 1 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

    + show references

    Compensation for unfair dismissal - free determination by court: Yes

    Remarks:
    • Article 394 of the Labour Code

    Reinstatement available: Yes

    Remarks:
    • Article 394 of the Labour Code

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): ordinary courts

    Remarks:
    • Article 391 of the Labour Court

    Existing arbitration: No

    Burden of proof: employer

    Length of procedure:

    Remarks:
    • Article 392 of the Labour Code: the worker may bring a complaint about the dismissal to the court within one month after the date of the termination of his or her employment.

      Article 154 of the Code of civil procedure provides that any case on dismissal must be considered within one month.

    Source of additional information - 2019    

    + show references