Temporary transfer of employees to another employer-Publication
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Olga Abashnikova
Olga Abashnikova

Lead Methodology Expert, Unicon Outsourcing

Due to the current geopolitical situation, some companies have to suspend their activities and declare downtime for their employees.

We remind you that in accordance with the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment in the Russian Federation", the employer is obliged to inform the employment service authorities in writing about the suspension of production (suspension of activities) within three working days after the decision to carry out the relevant measures

Failure to provide or late submission of data provided for by Law of the Russian Federation No. 1032-1 "On Employment in the Russian Federation" provides for administrative liability in the form of a warning or the imposition of an administrative fine (Article 19.7 of the Administrative Offenses Code of the Russian Federation): for officials - from 300 to 500 rubles, for legal entities - from 3,000 to 5,000 rubles.

As anti-crisis measures aimed at retaining staff and maintaining a high level of income for employees, the Government of the Russian Federation established specifics of the legal regulation of labour relations and other relations directly related to them in 2022, which were approved by Decree of the Government of the Russian Federation of March 30, 2022 No. 511 “On specifics of the legal regulation of labour relations and other relations directly related to them in 2022”. According to the said decree, companies that have suspended their activities can temporarily transfer their employees to work for other employers. In this case, the effect of the initially concluded employment contract is suspended, but its validity is not interrupted.

The Decree was published on the official Internet portal of legal information on April 4, 2022.

The document entered into force on April 4, 2022 and is valid until December 31, 2022.

The Decree defines the following procedure and conditions for interaction between employment centers, employers and employees:

  1. the Employment Center receives information from the employer about the suspension of production/activities;
  2. the Employment Center, if there is a need for employees of the corresponding profile from other employers, sends the employee a proposal for a temporary transfer to another employer indicating information about the vacancy and notifies the employer of sending the specified proposal;
  3. if the employee agrees with the proposal received, he/she concludes a fixed-term employment contract with another employer, which can be further extended for a period until December 31, 2022 with the consent of the former employer;
  4. the suspension of the originally concluded employment contract is carried out for the duration of the fixed-term employment contract with another employer;
  5. in case of refusal of another employer to conclude a fixed-term employment contract, the originally concluded employment contract continues to be valid;
  6. upon termination of the employment contract concluded for the period of temporary transfer, the originally concluded employment contract resumes its validity;
  7. the procedure for interaction between an employee and an employer with whom an employment contract was originally concluded is established by local regulatory act, taking into account the opinion of the representative body of employees.

 







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