On 9 November 2024 the Federal Law No. 381-FZ “On Amendments to the Labor Code of the Russian Federation” was published. Amendments introduce Article 3518 to the chapter regulating the work of other categories of employees (hereinafter referred to as the “Article”). The Article regulates the mentoring in labor relations. The regulation will enter into force on 1 March 2025.
Definition
The Article itself contains the definition of mentoring:
Mentoring in labor relations is a performance by an employee based on his written consent on the employer’s instruction of work to assist another employee in gaining skills in production and (or) workplace in the profession (specialty) received (to be received) by the other employee.
The following features of mentoring can be determined based on the above definition:
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The substance of mentoring – to assist another employee in obtaining professional skills.
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The employer’s assignment is necessary to act as mentor.
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The employee’s written consent is also necessary to hold this position.
Formalizing of relationships
Mentoring should be agreed upon in additional agreement to the employment contract or directly indicated in the employment contract. The Article provides necessary terms and conditions that shall be stipulated in the additional agreement or employment contract with the mentor:
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The substance of the function
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The mentoring period
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The form of doing work
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The amount and conditions of compensation
Previously the Ministry of Education of the Russian Federation in its letter No. MR-42/02 of 23 January 2020 concerning mentoring of students and pupils by employers explained that the “form” means a way of organizing mentoring process in pairs or group of students. We assume those clarifications can also apply to mentoring concerning employees.
The amount of compensation may be established in:
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collective labour agreements
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sectoral agreements
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local internal regulation of the employer
Based on strict construction of the Article, the employer is still obliged to agree with the mentor on compensation in terms of employment contract. Moreover, the amount and conditions of compensation should be no worse than the ones established in legal acts and agreements in the relevant sector.
The mentor is entitled to wave from this function before the date specified in mentoring agreement. The employer also has the right to cancel assignment by notifying the mentor within three business days.
Aims of novelties
The mentoring function regulation by law may have a positive impact on both employees and employers:
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New joiners
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Mentors |
Employers |
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