28
Thu, Mar
72 New Articles

Russian Employees Can be Granted Leave During Non-Working Days, Says Labour Ministry

Russian Employees Can be Granted Leave During Non-Working Days, Says Labour Ministry

Russia
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

In response to the proclamation of non-working days in Russia from 4 to 30 April, many employers subject to the President’s Executive Order* dated 2 April 2020 (the “Executive Order”) have asked if they can provide their employees with “leave” during this period.

In its updated clarifications*, the Russian Ministry of Labour confirmed it is possible to grant leave to employees during the period of non-working days. If an employee opts to go on leave during that time, the employer may allow it. One issue remains unclear. The Ministry of Labour’s clarifications do not specify the type of leave envisaged – paid or unpaid. The Ministry is expected to issue additional explanations on this matter in the coming days.

In our opinion, however, paid leave would be the most appropriate option for employees of companies which are subject to the Executive Order. Granting leave without pay would be contrary to paragraph 1 of the Executive Order under which, during the period of non-working days, the employee’s salary must be paid. It should be noted that to grant leave to employees by their request during the period of non-working days, employers must receive applications from them and then issue orders on granting leave. Employers must also provide payment for this leave at least three days before it commences.

*in Russian

By Valeriy Fedoreev, Christophe Huet, Partners, Ekaterina Elekchyan and Irina Skvortsova, Senior Associates, CMS Russia

CMS at a Glance

CMS Sofia is a full-service law firm, the largest international law firm in Bulgaria and one of the largest providers of legal services in the local market as a whole. The breadth and depth of our practice means that our lawyers are specialised, with a level of specialisation that few of our competitors can match.

CMS Sofia is the Bulgarian branch of CMS, a top ten global legal and tax services provider with over 5000 lawyers in 43 countries and 78 offices across the world.

CMS entered the Bulgarian market as one of the first internationally active law firms in 2005 and is now among the most respected legal advisors in the country. We have 7 partners, 4 counsel and over 30 lawyers in our office in Sofia.

Our legal experts, who are rooted in Bulgaria’s local culture, can also draw on years of experience in foreign countries and are at home in several legal systems at once. We know the particularities of the local market just as well as the needs of our clients and combine both to achieve optimum solutions. Our lawyers are Bulgarian qualified and we also have English qualified experts – all of them regularly working on cross-border mandates.

In our work, we focus on M&A, Energy, Projects and Construction, Banking and Finance, Real Estate, Media, IP and IT law, Tax, Employment law, Competition, Procurement and any kind of Dispute resolution, including arbitration and mediation. What’s more, we also take care of the entire legal management of our clients’ projects.

Firm's website.