In Russia, the Labour Code of the Russian Federation (LC RF) provides the legal framework for employment termination, outlining lawful grounds for dismissal, notice periods, and severance pay entitlement.

Lawful Grounds for Dismissal

Dismissal reasons are categorized into two main groups:

• Initiated by the Employer: The employer can terminate the contract based on grounds such as:
  • Unsatisfactory performance: This includes poor work quality, repeated disciplinary infractions, or lack of qualifications after a probationary period (Art. 81 LC RF).
  • Employee redundancy: In cases of company restructuring or staff reductions, employers may resort to layoffs, adhering to specific procedures (Art. 81 LC RF).
  • Employee misconduct: Serious breaches of discipline, absenteeism, or intoxication can be grounds for dismissal (Art. 81 LC RF).
  • Company closure: If the company ceases operations entirely, termination is lawful (Art. 81 LC RF).
• Initiated by the Employee: An employee can resign at any time by submitting a written notice (Art. 80 LC RF).

The employer must provide a documented explanation for dismissal, and the reasons must be demonstrably valid. If an employee contests the termination, they can challenge it in court (Art. 391 LC RF).

Notice Periods

Notice periods for termination depend on the initiating party and employment contract details (Art. 80, 81 LC RF):

• Employee: Employees generally must provide two weeks' written notice of their intention to resign, unless a different period is stipulated in the contract.
• Employer: For most employer-initiated terminations, the notice period is two months. However, shorter periods apply in specific situations, such as probationary terminations (three days) or company closure (one month).

Severance Pay

The obligation to provide severance pay in Russia hinges on the reason for dismissal (Art. 178 LC RF):

• Employer-initiated termination (except for gross misconduct): In most cases of employer-initiated dismissal, the employee is entitled to severance pay equivalent to one month's salary.
• Company closure or redundancy: In situations of company closure or redundancy, employees are entitled to severance pay equal to two months' salary.
• Employee-initiated termination: Employees who resign generally do not receive severance pay unless otherwise specified in their employment contract.

Accrued but unused vacation days and outstanding wages must be paid to the employee upon termination. Certain categories of employees, like pregnant women or single parents, have additional legal safeguards against dismissal.

Russia's legal framework regarding anti-discrimination is complex and evolving. While it offers some protections, there are significant gaps compared to more robust anti-discrimination legislation in other countries. This guide explores the current landscape, outlining protected characteristics, redress mechanisms, and employer responsibilities.

Protected Characteristics

Federal Law No. 131-FZ "On the Prohibition of Discrimination" establishes a general prohibition against discrimination but does not provide an exhaustive list of protected characteristics. However, other legal acts offer limited protections based on specific characteristics:

• Constitution of the Russian Federation: Article 19 guarantees equality before the law and the prohibition of discrimination based on sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, convictions, membership in public associations, or other circumstances.

• Labour Code of the Russian Federation: Article 3 prohibits discrimination in employment based on sex, race, nationality, language, religion, political or other beliefs, age, marital status, disability, membership in a trade union, or other reasons not related to the employee's business qualities.

It's important to note that these protections are not all-encompassing. For instance, there are currently no federal laws prohibiting discrimination based on sexual orientation or gender identity.

Redress Mechanisms

If you believe you have been discriminated against in Russia, the options for seeking redress are limited:

• Labor disputes: If the discrimination occurred in the workplace, you can file a complaint with the labor inspectorate or challenge the employer's actions in court.
• Civil lawsuits: In some cases, you may be able to file a civil lawsuit against the discriminating party. However, the burden of proof lies with you, and success can be challenging.

Important Note: LGBTQ+ individuals face significant hurdles in pursuing legal action due to the absence of anti-discrimination protections based on sexual orientation or gender identity.

Employer Responsibilities

The Labour Code prohibits discrimination in employment, placing some responsibility on employers. Employers should:

• Avoid discriminatory practices: This includes refraining from job advertisements or recruitment processes that exclude candidates based on unprotected characteristics.
• Implement fair and objective hiring practices: Selection criteria should focus on job-related qualifications and experience.

While these are positive steps, the lack of a comprehensive anti-discrimination law weakens enforcement mechanisms and leaves room for ambiguity.

In Russia, working conditions are regulated by a specific set of rules that outline limitations on work hours, mandated rest periods, and ergonomic considerations for employee well-being.

Work Hours

The standard workweek in Russia, as established by the Labour Code of the Russian Federation (LC RF), is 40 hours. This translates to eight hours per day, Monday through Friday. However, there are exceptions and limitations:

• Shorter Workweeks: Certain professions or hazardous work environments may have shorter workweeks mandated by law.
• Overtime: Overtime work is permitted with employee consent, but is capped at four hours per day and a total of 120 hours per year. Overtime work exceeding these limits requires special authorization from the labor union.
• Part-Time Work: Part-time employment arrangements are legal, with working hours determined by agreement between the employer and employee.

Rest Periods

The LC RF mandates rest periods for employees to prevent fatigue and ensure alertness:

• Daily Rest Break: Employees are entitled to a minimum uninterrupted rest break of 30 minutes during the workday. This break is typically unpaid, but employees are free to leave the workplace.
• Weekly Rest: All employees are entitled to two consecutive days of rest per week, typically Saturday and Sunday.

Ergonomic Requirements

While the LC RF emphasizes the importance of safe working conditions, it doesn't provide extensive details on ergonomics. However, guidelines set forth by the Federal Service for Labor, Employment and Migration (Roskomnadzor) establish ergonomic considerations in the workplace. These guidelines address factors like:

• Workstation Design: This includes proper furniture dimensions, lighting, and space allocation to minimize musculoskeletal strain.
• Work Equipment: Employers should provide ergonomically designed equipment to suit the specific tasks performed by employees.
• Work Organization: Tasks should be designed to avoid repetitive motions and prolonged awkward postures.

It's important to note that enforcement of ergonomic guidelines can be inconsistent.

In Russia, the well-being of its workforce is a priority, upheld by a comprehensive framework of health and safety regulations. This framework outlines employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

The Labour Code of the Russian Federation (2001) is the cornerstone of occupational health and safety (OSH) legislation. It mandates employers to provide a safe and healthy work environment, which includes:

• Risk mitigation: Employers are required to identify and assess workplace hazards, implementing control measures to minimize risks.
• Safe work practices: Employers are tasked with establishing and enforcing safe work procedures to prevent accidents and injuries.
• Personal protective equipment (PPE): When necessary, employers must provide employees with appropriate PPE and ensure proper training on its use and maintenance.
• Workplace hygiene: It is the employer's responsibility to maintain a clean and sanitary work environment.
• Health and safety training: Employers must provide training programs to educate employees on OSH risks, prevention measures, and emergency procedures.

Employee Rights

The Russian Constitution (1993) guarantees every worker the right to "fair working conditions, including working conditions which meet the requirements of occupational safety and health" (Article 37). Employees have the right to:

• A workplace free from hazards that threaten their health and safety.
• Access to information on workplace hazards and safety procedures.
• Refuse to perform unsafe work.
• Participate in workplace safety inspections.

Enforcement Agencies

Several agencies are entrusted by the Russian government with enforcing OSH regulations:

• Federal Labor Inspectorate (Roskomnadzor): This federal agency conducts inspections, investigates violations, and imposes administrative penalties for non-compliance.
• Trade Unions: These worker organizations play a vital role in advocating for employee safety and health, collaborating with employers on OSH improvements.
• Self-Regulatory Organizations (SROs): In specific high-risk industries, SROs establish and enforce OSH standards for their members.