Dismissal of Russian Employees
Dismissal of Russian EmployeesUpdated on Monday 18th April 2016
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The employment contract is the main legal instrument regulating employer-employee relations in Russia. The end of work relations or dismissal of employees is based on the termination of the employment contract in Russia.
Employment falls under the regulation of the Labor Code and dismissal can only happen according to the provisions of the Employment Law and other applicable federal laws. According to the Russian legislation, there are only few grounds for termination of employment. Exceptions are only granted in case of termination of the employment contract of a director of a Russian company, a distance worker or an outworker.
The main grounds for dismissal of employees in Russia are:
- - the common grounds,
- - the termination of employment at the discretion of the employer or employee,
- - termination for reasons that cannot be controlled by either party.
What are the common grounds for dismissal of Russian employees?
The dismissal of a Russian employee may happen by mutual consent of the parties, case in which the conditions and compensation are agreed by the employee and the Russian company. However, an employee may also be dismissed on grounds of refusal to continue his or her work due to changes in the company’s ownership or to changes in the employment contract.
A Russian company may also dismiss a worker, if the latter refuses to transfer to another job due to medical reasons and the employer cannot offer an alternative. Employees may also be dismissed, if they refuse to transfer as a consequence of company relocation to another city. The breach of legal provisions while an employment contract is enforced may lead to the dismissal of the employee.
Grounds for dismissal at the discretion of the Russian employer
The right of a Russian company to dismiss an employee is limited to the following reasons:
- - company dissolution,
- - reduction of staff,
- - low-quality work caused by insufficient qualification as resulted in the company’s assessment program,
- - repeated failure to fulfill employment obligations without good reasons from the employee and only if disciplinary measures have been taken before dismissal,
- - absence from work without good reasons,
- - alcohol or drug intoxication of the employee,
- - breach of confidentiality clauses or theft,
- - violation of work safety regulations,
- - inappropriate behavior at the workplace.
All these grounds for dismissal must be properly documented by the employer before termination. Termination of the employment at the discretion of the employer is subject to special procedures.
Employees considering the dismissal unjustified may appeal to Russian courts or to the State Labor Inspectorate that will investigate the case.
For details about the Employment Law or legal representation in litigation cases, you can contact our attorneys in Russia.