What employers and employees in Russia should consider in the context of partial mobilisation

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published on 30. September 2022 | reading time approx. 1 minute


On 21 September 2022 the Russian President announced partial mobilisation.

The Russian Labour Code does not include any provisions regulating rights and obligations in an event of a mobilisation. However, the Russian government has approved a decree on job retention for drafted citizens. The employment contracts of such citizens are deemed to be suspended. The decree applies to all employment relations that arose on or after 21 September 2022. As of 23 September 2022, the text of the decree has not yet been published.
  
Employers are advised to do the following in connection with the mobilisation:
  • interview each employee regarding their military professional focus,
  • identify the employee categories possibly subject to partial mobilisation during the next three months,
  • develop mobilisation plans,
  • identify positions to be filled with substitute employees in case current employees are drafted and the number of such positions,
  • analyse the labour market under the new conditions, including wage and salary rates.

In near future the Russian Ministry of Labour may issue clarifications and recommendations on the legal status of employees and the guarantees to which they become entitled during the period of partial mobilisation. For the time being, employees become entitled in the event of their mobilisation to the following:
  • to claim payment of remuneration and compensation for unused days of paid leave,
  • the dismissal shall not be documented according to Article 83 Clause 1 of the Russian Labour Code and all dismissals documented on or after 21.09.2022 shall be cancelled.

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