The President of the Russian Federation has signed Federal Law On Amendments to the Russian Labor Code

The President of the Russian Federation has signed Federal Law N 125-FZ dated June 18, 2017 On Amendments to the Russian Labor Code.

Commented by: Elena Rybnikova, Head of Internal Audit, Expertise and Methodology Department

Elena Rybnikova
Head of Internal Audit, Expertise and Methodology Department
These amendments to the Russian Labor Code clarify the notion of part-time work as it previously used to be defined in the Russian Labor Code only as: “Part-time working day (shift) or part-time week.” Employees and employers used to determine any number of hours/days fewer than those in the approved occupational calendar, and this gave rise to many questions and disputes because this matter did not use to be properly regulated by labor laws.

The amendments introduced by Federal Law N 125-FZ give a more detailed definition of part-time work and allow for a more customized approach to the work organization of each employee, by providing, in particular, for: “A part-time working day (shift) and/or working week, including dividing the working day into parts. Part-time work may be set out with no time limit and for any employment contract term agreed by the parties.”

The amended Russian Labor Code also requires employers to set out part-time work at the request of pregnant women, parent of a disabled child, person caring for a sick family member as evidenced by a medical certificate. The most important change for employees is that “in such case, part-time work is set for a period convenient for the employee, but this period may not exceed the term of circumstances serving as grounds for mandatory establishment of part-time work.”

Employees may also work without lunch break if their daily work/shift does not exceed 4 hours, and this option should be provided for in companies’ internal regulations.

The second part of Federal Law N 125-FZ clarifies the rules for calculating and paying work performed on weekends and public holidays. The amendments introduced to the Labor Code have changed, in particular, the rules for calculating the hours already paid at a higher rate. These hours are not taken into account when calculating the duration of overtime at the end of the reporting period. Before the introduction of this clarification, employers used to follow the explanations of labor and wages issues provided by the State Committee of USSR Council of Ministers and Order N 13/П-21 of the Presidium of the Central Soviet of Trade Unions dated August 08, 1966 for compensation of work on public holidays.

These newly-introduced amendments have thus settled most questions and disputes between employers, employees and executive bodies of the Russian Federation.