Partial mobilization, introduced in Russia from 21 September 2022 by Presidential Decree No. 647 (“Decree”), raises many questions. Consequently, state bodies issue additional acts and clarifications, including those that cover employment relations.
General information about the introduced mobilization can be found in our update of 21 September.
In the current version of the Labor Code, the conscription of a citizen for military service, including mobilization, is the basis for termination of its employment contract (article 83 of the Labor Code).
However, on 22 September 2022 the Government adopted Resolution No. 1677 (“Resolution”). Under the Resolution, workplaces for employees called up for military service on mobilization under the Decree are to be retained, and their employment contracts are to be suspended, termination of the employment contract is prohibited in this case. The Resolution is applied from 21 September 2022.
According to the official explanations of the Ministry of Labor, set out in its Letter No. 14-6/10/B-13042 dated 27 September 2022 in connection with the adoption of the Resolution:
- the employer cannot dismiss a mobilized employee. His workplace must be retained, and the employment contract must be suspended for the duration of his service. Workplaces are also retained for employees who are on probation, working under a fixed-term employment contract. Employment contracts with employees who are in the middle of the reduction process and continue to work are also suspended;
- during the absence of the mobilized employee, it is allowed to conclude fixed-term employment contracts and hire temporary employees to temporally replace him;
- all employees called up for mobilization from 21 September 2022 can later return to their workplace on the same terms;
- to suspend an employment contract, an employee must submit a summons to the employer, remote workers and employees involved in electronic document flow must send the scanned copy of a summons to the employer. The employer issues an order to suspend the employment contract, the conclusion of a special agreement with the employee is not required;
- based on the issued order, the employer makes all payments due to the employee at the moment, including wages for all days worked, but not yet paid, without waiting for the date of salary payment, as well as other payments;
- if an employee received a summons starting from 21 September 2022 and was dismissed, it is necessary to issue an order to cancel the dismissal order, send information about this to the Pension Fund, and also make an entry about the cancellation of the dismissal order in the employment record book (if it is on paper). Then it is necessary to issue an order to suspend the employment contract based on a summons for military service on mobilization. The refusal of the employer from these actions entitles the employee to file a complaint with the prosecutor’s office.
Besides, the Federation Council approved and handed over to the President for signing draft federal law No 112293-8 that proposes to introduce similar amendments to the Labor Code (“Bill”). At the same time, under the Bill the conditions, and grounds for suspending an employment contract also apply to citizens who have concluded certain types of contracts for military service. If the Bill is signed by the President, it will enter into force on the day of its official publication.
The Bill provides for additional guarantees – the term of suspension of the employment contract is counted in the employee’s work experience, as well as in the work experience in the specialty (except in cases of early appointment of an old-age insurance pension). Moreover, there is a special ground for termination of the employment contract at the initiative of the employer – if the employee has not returned to work after 3 months after the end of the employee’s military service on mobilization or military service under contract.