References
Labour Code, entered into force on 1st July 2009 (in Russian)
Date:
1 Jan 1970;
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: managerial / executive positions
Article 5 of the Labour Code
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Article 18 of the Labour Code
Maximum cumulative duration of successive FTCs: 5year(s)
Article 18 of the Labour Code
Maximum probationary (trial) period (in months): 6 month(s)
Article 28 of the Labour Code: the probationary period cannot exceed 3 months for workers and 6 months for managerial employees.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, race, sex, religion, political opinion, social origin, nationality/national origin, disability, language, property, place of residence, ethnic origin
Article 7(1) of the Labour Code provides that ¿no restriction with respect to employment rights or the granting of any advantages is permitted on the basis of nationality, race, sex, origin, property or employment status, place of residence, language, attitude to religion, political convictions, party affiliation or non-membership of any party, or other factors unrelated to the abilities and performance of workers.
In addition, art. 265 of the Labour Code establishes a general prohibition of discrimination against disabled persons.
Workers enjoying special protection: pregnant women and/or women on maternity leave, workers with family responsibilities, minors
Art. 241 of the Labour Code.
Art. 257 of the Labour Code
Notification to the worker to be dismissed: written
Article 44 of the Labour Code
Pay in lieu of notice: Yes
Article 44(2) of the Labour Code
Notification to the public administration: No
Notification to workers' representatives: Yes
Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives
Approval by public administration or judicial bodies: No
Approval by workers' representatives: Yes
Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives
Definition of collective dismissal (number of employees concerned) No
Notification to the public administration Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.
Notification to trade union (workers' representatives) Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
Notification to workers' representatives: Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
Approval by trade union (workers' representatives) No
Approval by workers' representatives Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Article 54 of the Labour Code: during collective redundancies, the workers with higher productivity and qualification have the preferential right to keep their job. At equal productivity and qualification, the preference not to be dismissed is given to such categories of workers as workers with the tenure of at least 10 years in the entreprise, people with disabilities, workers with two and more dependants, young specialists etc.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...)
Priority rules for re-employment
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
:
Article 54 of the Labour Code
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
mine workers: Yes
Article 56 of the Labour Code
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 56 of the Labour Code: the judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.
managerial / executive positions: Yes
Article 56 of the Labour Code
Reinstatement is the primary remedy for unfair or unlawful dismissal. In addition, the employer has to pay back all foregone earnings, as well as expenses associated with hiring a lawyer. Only in case the employee requests replacing reinstatement by a compensation, can the judge award paying such compensation (the payback and the expenses are still awarded in addition to the compensation).
police: No
Existing arbitration: No