The State Duma will consider the draft amendments to the TC to expand their labor rights
The government yesterday introduced to the State Duma a draft amendments to the Labor Code (TC), which will allow partners additional rights when the employer reduce the state. Now they, like ordinary workers, will be able to apply for the payment of average monthly earnings for the employment period up to three or six months. The basis for the development of the bill was the decision of the Constitutional Court in the case of an employee of the socialization of the Far North.
Government April 24 contributed for consideration State Duma draft Federal Law « On Amendments in the Labor Code of the Russian Federation ». With the help of amendments, the White House plans to equalize in rights when reducing the staff of ordinary workers and those who are employed part -time. The development of the bill, the Ministry of Labor, was pursued to pursuance Solutions Constitutional Court of November 22, 2024 No. 54-P.
Then, recall, the court issued him in the case of Vyacheslav Sergeyev, a social worker of the State Social Service of one of the regions of Karelia. In 2021, the center was reduced by the staff of employees – and Mr. Sergeyev was fired, paying him a weekend allowance in the amount of the average monthly earnings. At the same time, the employer also refused to pay him average earnings for the second or six months, referring to the fact that at the time of reduction the employee also worked in another company part-time.
Having lost cases in lower courts, Mr. Sergeev appealed to the Constitutional Court – and invited him to check the constitutionality of the provisions of Art. 318 TC. We recall, describes the procedure for the payment of compensation when the states reduce the state to employees of the Far North and does not specify whether the employer has an obligation regarding part -time in such a situation.
The KS agreed with the arguments of the plaintiff and decided to add the appropriate clarification as in Art. 318 TC, and in Art. 178 TC. Moreover, due to the introduction of amendments to Art. 178 of the Labor Code of the Constitutional Court of the Constitutional Court, the norm will spread not only to certain territories of the Far North, but to the whole country as a whole. Therefore, now employees who, at the time of staff reduction or liquidation, are issued to work “part -time”, will be able to apply for the payment of average monthly earnings for up to six months in the Far North and up to three months – in the remaining territories when they are fulfilled by all conditions.
As Anna Ivanova, head of the BGP Litigation Labor Labor Practice, notes, the payment of such compensation requires a dismissed registration with the State Employment Service – and few people are ready to do this in practice. « Employers themselves have the opportunity to dismiss the part -time method in another way, which also allows him to pay other compensation, » she says.
Nevertheless, Ms. Ivanova notes, the logic of the KS decision is understandable: according to the TC, part -time are the same rights to leave and sick leave as ordinary employees, therefore, uniformity should apply to situations with a reduction in the state.
According to the expert of the Central Department Store, Igor Poleva, the number of part-time working in recent years has grown up-due to a shortage of personnel. “Now in the country, according to Rosstat, about 600 thousand people work as it works,” he says. This, we note, is about 1% of those employed in the Russian Federation. However, as noted by Mr. Polevoy, a compoundation is much more popular in which the relationship between the employee and the employer is drawn up by a civil contract-and the new norm of the Labor Code will not be extended to such cases.
