At the time of suspension of activity of the company due to quarantine restrictions employees will not be able to send in a simple or dismiss, at the initiative of the employer. This is the essence of “anti-crisis” decree prepared by the Ministry of labor. According to the interviewed experts, the document is extremely vague. It contains considerable risks for business and workers, is contrary to the provisions of the Labour code and in the case of implementation may lead to expansion of the shadow employment.
a Project called “On peculiarities of legal regulation of labor relations in 2020” submitted to the tripartite Commission with participation of representatives of government, employers and trade unions. Retreating from the TC regulation is proposed to extend only for the current year. Main point: the employment relationship with the employee, got “under distribution” in the context of pandemic COVID-19, should be terminated by the employee or by agreement of the parties. But in life everything will be different, analysts say.
Pavel Kudyukin, former Deputy Minister of labor, member of the Board of Confederation of labour of Russia: “From a legal point of view, it is quite vague, murky resolution. It seems to be intended to protect the interests of the employee, but can be used against him.
When the employee send in a simple on objective reasons and not on the initiative of the employer in accordance with Labor code receives two-thirds of the tariff rate. This, remember, the base salary in total pay, which is paid for the implementation of labour standards. And since we have the size of tariff rates does not exceed one third of the total salary the person would be on a starvation diet.
In many cases the employer may also be unhappy. What if him and pay the worker nothing (the company had revenues dried up), and to consider the incident a idle it does not want to?
However, it may put pressure on employee to compel that apply “on their own” that happens all the time. The problem is in the fact that in Russia in recent years has fallen dramatically the skills of civil servants. Yes, the current labour laws have a lot of complaints, but work on TC was carried out for decades. Not in a hurry to take measures, such as the one that offers the Ministry of labor”.
Alexander Safonov, Professor of the Financial University under the government of the Russian Federation: “the procedure Proposed layoffs to a certain degree tightens a liability of employers respectively, the workers will squeeze out businesses on their own.
Now the bulk of the layoffs happening by agreement of the parties. When a person leaves at his own request, he was deprived of the opportunity to obtain severance pay, in connection with staff reductions. The loss of the worker in money, and considerable – the main risk that I see.
Plus this situation will encourage business not to legalize labour relations with employees, and therefore, we are waiting for the expansion of the shadow employment. If the state does not create conditions that meet the requirements of companies with regards to labor laws, they, in turn, begins to build new forms of relations with staff”.
Sergey Smirnov, doctor of Economics (HSE): “Labor relations are governed by the Labour code, which stipulates all the motives of layoffs. As far as the Ministry is competent in this regard – the big question.
an Employer may dismiss an employee for misconduct at work: came in drunk, broke the machine, broke the computer. Probably office right intentions, but I’m not sure that his project will be implemented. Should not the Ministry of labor “threaten to Shakespeare,” he can settle matters outside of TK: material support, the duration of paid leave, the amount of unemployment benefits. And, by the way, I only for the fact that the employee had as many benefits, but the state should support and employer. He now also is not easy”.
Dmitry Potapenko, managing partner of “Management Development Group Inc”: “the authors of the project do not understand the functioning of the labour market, how to build the employment relationship. Its implementation will encourage shadow employment.
it All depends on what problem we are ultimately trying to solve. If the state wants people not working and not getting paid, at the same time, were formally, then to leave such a question on the commercial structure will fail. It’s just technologically impossible: the company must have money, and they are not and in the foreseeable future.
However, Russian decision-makers rarely had a high qualification. They still think that rolls grow on trees.”
