the Ministry of labour has developed a draft resolution on peculiarities of regulation of labor relations. From the document, among other things, that until the end of 2020 received “in connection with the quarantine hospital” the basis for the renewal or transfer of planned vacation time is not. Will affect whether this rule of the Russians at risk, who were sitting in the hospital by order of the authorities – is not clear.
“MK” repeatedly wrote about the “anti-crisis” law, which was adopted by the state Duma in three readings and is now waiting for the approval of the Federation Council and the President’s signature. In the law that put many measures. One of them is absolutely extraordinary: the government gets right up to the end of 2020 for its regulations to regulate relations between employees and employers. By the way, one of the largest employers in Russia, the country officials and security forces, is the state itself.
the Government did not disclose in advance their plans – what and in what direction it is going to bend in the complex relationships of employees and employers, and deputies voted, we can say, for a “pig in a poke.” And so, although the law has not yet been earned, may 29, the labour Ministry suggested that the Russian tripartite Commission (it includes officials, representatives of trade unions and unions of employers) in the adopted today the remote mode to discuss the draft decree “On peculiarities of regulation of labor relations in 2020”.
the text of the document has “MK”, and I hope that it will be completed, and many important details are clarified. Otherwise, problems in the courts, where inevitably tumble down soon citizens will not be gathered. Besides, the Labour code has not been canceled, and in all other matters, except for those that regulate the government continues to operate.
Here are just some of the most important, in our view, innovations.
the question of dismissal of employees of the Ministry of labor has a different approach to the employees of industries subject to restrictive measures and the sectors to which such measures are not applied.
the document has a reference to the President’s decree of may 11, 2020. To dismiss, at the initiative of the employer of the employees of the enterprises which are closed by the authorities, will be impossible. But if the employee wants to leave of their own accord or by agreement of the parties. That sometimes hides behind his own desire – all we know.
But if the organization or enterprise and an epidemic worked because they allowed the President’s decree to dismiss there under the old rules, that is, at the request of the employer too. We will remind: the President has allowed to work to the enterprises of the continuous cycle, pharmacies, hospitals and clinics, to all who provide the population with food and first ��your essay, repairmen, and movers, emergency services, and partly to banks and officials.
In certain cases, employees of these organizations and institutions will be send to easy. If “temporary stop” their work is connected with the epidemic – the employer has the right to pay them two-thirds of the tariff rate or salary. But salaries in the budget sphere are often below the minimum wage (12310 rubles a month), the law allows, and the level of the minimum wage salary “dogonyaetsya” different incentive, bonus and other allowances. So, fall under the simple worker may not be able to income is 5-6 thousand rubles per month, which is below the unemployment benefits.
the document Has another provision which will allow employers, many of whom are now experiencing not the best times to save on salaries, and the state for the unemployment benefits. The incomplete working day or incomplete working week is itself permitted, and to notify that to work you can walk a day less, and get less for it, the employer shall no later than two weeks before the new timetable will take effect.
the same term established for the warnings about transfer on a partially remote or fully remote work. The draft resolution recommends that priority be translated into a schedule of pregnant women, parents with young children and people with disabilities. Now, incidentally, when translated into incomplete working day or week I should warn for 2 months, not later.
If we consider that many workers, particularly in private enterprises, in employment contracts as salary specified minimum wage, and the rest – in an envelope, that employers have an opportunity, if does bad things, to pay less than the minimum wage. After all, the Labour code guarantees the Russians paid not less than the minimum wage only under full load and full working week.
in addition, the employer is entitled to transfer to another job of the employee and without the consent of the latter (it is required only in the case if transferred to more low-skilled jobs) for up to three months, not one month as it is now. When? If it is necessary “to prevent an epidemic, its consequences”, or in the event of temporary suspension of work, replacement of temporarily absent employee – for example, sitting in quarantine.
Another kind of puzzling point – the proposal is not considered temporary incapacity “in connection with the quarantine” ground “for the extension or postponement of the vacation.” How to understand it – is not clear.
the Usual procedure is: if a person is sick while on holiday, he is paid sick leave, then the vacation shall be extended the same number of days. This is due to the fact that for the first��e three days sick leave the employer pays for the rest – the social insurance Fund, and leave – the employer and the rules of accrual of vacation and sick leave are different. What does “in quarantine”? If the hospital discharged sick with coronavirus, or the virus carrier or representative of the group of risk to which the prescribed and healthy to sit at home? Who will pay and in what amount, if this hospital is partially or fully falls on a scheduled vacation – in this approach?
One of the main questions which arise after reading of the draft resolution – which date will come into force these new rules. Since the adoption of the resolution by the government that may not happen until next week? That is, from the beginning of June? But the limitations of different hardness we deistvovat already more than two months… let’s just pretend that “bygones are bygones”, and will continue to be different? Yes, to enter in force a new rule and retroactively, if they do not worsen position of citizens. But any law that regulates the working world, if beneficial to the employee – the employer is not profitable, or not profitable and that, and another.