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June 16, 2021
SberSolutions experts on restrictive measures in Moscow and St. Petersburg
According to the Moscow Mayor Decree No. 29-UM dated June 12, 2021, as well as the St. Petersburg Government Decree No. 393 dated June 13, 2021 Amending St. Petersburg Government Decree No. 121 dated March 13, 2020, in order to prevent the spread of coronavirus infection in Moscow and St. Petersburg, additional restrictions are imposed on organizations and individual entrepreneurs.

SberSolutions experts figured out who is working in the coming days, how and in what time frame the employer should pay for them and how to reflect them in the reports.
Days from June 15 to June 19, 2021 will be days off in Moscow
Moscow Mayor Decree No. 29-UM dated June 12, 2021

Expert comment:


In order to prevent the spread of coronavirus, the Mayor of Moscow has issued a decree providing that organizations and individual entrepreneurs in Moscow are to operate from June 15, 2021 to June 19, 2021 inclusive as they did up until June 12, 2021, i.e. as they would on the weekend (Sunday).

The decree requires employers to do the following from June 13, 2021 onwards:

1. Switch to remote work at least 30% of their employees (including employees over the age of 65 and people suffering from any of the diseases listed by Moscow City Health Department) and contractors under civil law contracts.

An exception is made for employees whose presence in the workplace is critical for the running of their organizations/individual entrepreneurs.

People who have been vaccinated will not need to be included among the employees, contractors under civil law contracts to be switched to remote work.

2. Minimize the physical presence of employees, contractors under civil law contracts at workplaces.

3. Put in place some incentives for employees, contractors under civil law contracts to get vaccinated against coronavirus.

4. From June 15, 2021 to June 19, 2021, revert to the work schedule that was in place in organizations until June 12, 2021, i.e. operate as they would on the weekend.

An exception is made for organizations whose activities cannot be limited as set out in Presidential Decree No. 316 dated May 11, 2020 Determining the Procedure for Extending Measures Ensuring Public Health in the Constituent Entities of the Russian Federation due to the Spread of COVID-19:

а) continuously operating organizations, organizations with equipment designed for continuous technological process;

b) medical and pharmacy organizations;

c) organizations providing with public with food and basic necessities;

d) organizations fulfilling urgent work in emergencies and/or in the event of a threat of the spread of a disease constituting a danger to the public, in other cases endangering life, public health, or normal living conditions;

e) organizations carrying out urgent repairs and engaged in loading and unloading operations;

f) organizations providing financial services, in particular, urgent functions (primarily settlement and payment services).

If the running of organizations cannot be suspended for the abovementioned period, we recommend enlisting for work on days off only the employees whose presence at the workplace is critical to ensure the running of the organization. This should be done with the employees' prior consent as prescribed in Article 113 of the Russian Labor Code.

We do not recommend enlisting during this period any employees over the age of 65 as well as employees suffering from any of the diseases listed by Moscow City Health Department.

Please note that it is prohibited to request the following employees to work on weekends:

1) pregnant women (Article 259(1) Russian Labor Code);
2) employees under the age of 18 (Article 268 Russian Labor Code).

Article 153 of the Russian Labor Code sets out how the hours worked by employees who are requested to work during days off should be paid:
  • Piece-workers – at least double piece-rate;
  • Workers paid a daily and hourly rate – at least double their daily or hourly rate;
  • Employees receiving a salary (fixed salary) – at least a single daily or hourly rate (salary per day or hour of work) in addition to salary (fixed salary) if work on weekend or public holiday is performed within monthly working hours, and at least double daily or hourly rate (salary per day or hour of work) in addition to salary (fixed salary) if work is performed beyond monthly working hours;
  • Employees working on weekends or public holidays may at their request be granted a day off in lieu. In such case, the hours worked on weekends or public holidays are paid as usual, and the day off is not paid.
Payment
The set days off are not included in working hours. The days off from June 15 to June 19, 2021 will not affect salary amounts.

Working days will be reduced in the occupational calendar, and all calculations (vacation, business trips, work on weekends) will be made based on the reduced number of working days. In other words, the cost of a working day/hour will be greater.
Payment dates
If salaries are due to be paid in the period of days off (June 15 to June 19), then according to Article 136 of the Russian Labor Code, they should be paid on the eve of the relevant date. We recommend finding out how banks will be working over this period of days off from June 15 to June 19 and scheduling when to pay salaries accordingly.
Timesheet recording
These days off should be recorded in timesheets using the following letters: "В" – for day off / "РВ" – for work on day off (where applicable).

In our opinion, employees' working hours should not be reduced when calculating overtime based on the total hours worked.
Reporting
Given the set days off, we recommend submitting reports (SZV-M, SZV-TD, P-4) on the first working day following the period of days off, i.e. on June 21, 2021.
Personal income tax
Personal income tax and social insurance contributions should be paid on the first working day following the period of days off, i.e. on June 21, 2021.
HR cases during the period of days off

Vacation
If employees happen to be on vacation over the period from June 15 to June 19, 2021, their vacation will not be extended by these days off as these days are not recognized as public holidays (Article 120 Russian Labor Code). Annual and unpaid leave falling in the period from June 15 to June 19 may be postponed by agreement between the employer and the employee. Postponing vacation is a right, not an obligation of the employer.
Dismissal

We recommend observing the dates of termination of employment contracts in case of expiration of fixed-term employment contracts, termination of employment contracts by agreement of the parties, and resignation.

If an employee resigns, it is recommended to postpone the date of dismissal to June 21, 2021. If the employee declines, we recommend (if it is possible to make full payment on the day of dismissal) calling to work the specialists handling dismissal formalities.

When an employer dismisses an employee, the date of dismissal may be postponed under Article 14 of the Russian Labor Code to June 21, 2021 provided that the employee is notified in writing of the postponement of the dismissal date and its reasons.
Restrictive measures in St. Petersburg
St. Petersburg Government Decree No. 393 dated June 13, 2021 Amending St. Petersburg Government Decree No. 121 dated March 13, 2020

Expert comment:

The decree requires organizations/individual entrepreneurs to:
  • Put in place some incentives for employees to get vaccinated against coronavirus.
  • Step up measures to minimize the physical presence of employees/contractors under civil law contracts at workplaces.
  • Update by June 17, 2021 the details of employees/contractors under civil law contracts switched to remote work (in compliance with the requirements of personal data laws) by sending information (messages) through their personal account on the website of St. Petersburg State Budgetary Institution Center for the Development and Support of Entrepreneurship reporting to St. Petersburg Committee for Industrial Policy, Innovation and Trade https://lk.ecp.spb.ru/clientauth/

If organizations/individual entrepreneurs fail to fulfill statutory requirements, the unique QR code issued to them earlier will be canceled.
This position held as of June 13, 2021 may be changed if additional developments arise.