The Ministry of Labor Clarified the Procedure for Preserving Jobs of Mobilized Citizens
The Ministry of Labour explained that in case an employee is called up for mobilization, the employer suspends employment relations, including with respect to the employees who have fixed-term and open-ended employment contracts, employees on a probation period, employees who have been informed on the upcoming termination due to staff redundancy, as well as those who informed the employer of their voluntary resignation but have not been terminated yet.
In case of mobilization of an employee, the following procedure should be complied with:
In order to suspend the employment contract, the employee must provide the employer with a conscription notice for mobilization (or its copy if the employee has already been called up). Remote employees (as well as employees participating in electronic workflow management) should send a scan of the conscription notice to the employer in accordance with the local company procedures.
The employer, on the basis of the conscription notice, issues a respective order on the suspension of the employment contract. No additional agreement is required.
Based on the order, the employer must make all payments due to the employee at the moment, including wages, as well as other payments provided for by the employment contract, collective agreement, agreement of the parties to the social partnership, without waiting for the date of payment of wages. An employer has the right to make a payment in a higher amount at its own discretion.
Compensation for the unused leave days over 28 calendar days may be made at the request of the employee in accordance with the law.
The employer must submit information on the suspension of the employment contract to the Pension Fund of the Russian Federation. The employer does not pay insurance contributions for the employee during the period of military service.
If, as of September 21, 2022, an employee called up for military service under mobilization has been dismissed due to conscription, the dismissal must be cancelled by issuing a respective order and sending information to the Pension Fund of the Russian Federation.
During the suspension of the employment contract, the employer may enter into fixed-term employment contracts and hire temporary employees.
ALRUD experts have extensive expertise in employment matters and will be happy to provide legal support both to employers and employees in connection with current mobilization in the Russian Federation.