Amendments to the Labour Code to safeguard the labour rights of mobilised employees

On 27 September 2022 the State Duma adopted amendments to the Labour Code designed to regulate the status and rights of mobilised employees.

Under the new version of the Code, mobilised employees would be granted the following guarantees:

• their employment contract would be suspended while they undertake military service or provide voluntary assistance for the achievement of military objectives assigned to the Armed Forces of the Russian Federation
• they would retain their position and all social and labour guarantees (including supplementary employee insurance, private pension provision, etc.)
• the period of suspension would count towards length of employment, length of professional experience and length of service required to qualify for leave
• their employment contract cannot be terminated on the employer’s initiative during the period in which it is suspended, except in the event that the organisation is liquidated or the employment contract expires in that period if it was concluded for a definite term
• within six months after the resumption of his employment contract, an employee would have the right to be granted annual paid leave at a time of his choosing, regardless of how long he has worked for the employer
• employees may return to work within three months after completing military service, provided that they give the employer at least three working days' notice.

The suspension of an employment contract would take place as follows: the employer issues an order suspending the operation of the employment contract on the basis of the employee’s application and a copy of the mobilisation call-out notice or a notification from a federal executive body of the conclusion of a military service contract with the employee. Not later than the day on which the employment contract is suspended, the employer would be obliged to pay the employee the full amount of wages and other payments due for the preceding employment period.

The employer would be able to conclude a fixed-term employment contract with another worker to perform the duties of the mobilised employee while he is absent.

Where an employee with a child under the age of 18 years is mobilised, the second parent would have a preferential right to remain in work in the event of redundancies.

In order to become law, the bill has to be approved by the Federation Council and signed by the President of Russia. It should be pointed out that the provisions dealing with guarantees for mobilised employees would have retroactive force and apply to legal relations arising on or after 21 September 2022.