Labor relationships between employees and employers are based on labor contracts that must be executed as a precondition for employment (article 57 of the RF Labor Code).
Labor contracts are executed in written form in two counterparts, each signed by the employee and employer. The copy held by the employer must contain the employee’s signature confirming receipt of his/her copy of the contract.
Labor contracts can be executed:
1) for an indefinite term;
2) for a fixed term of up to five years (fixed-term labor contract), unless another term is established by this Code or other federal laws.
If the labor contract does not indicate the term, the contract is considered executed for an indefinite term.
A labor contract executed for a fixed term without adequate grounds as established by court is considered executed for an indefinite period.
Fixed-term labor contracts cannot be executed to avoid provision of rights and guarantees established for employees contracted under indefinite-term labor contracts.
Labor contracts can be executed with persons aged 16 or older.
In specific cases, labor contracts can be executed by persons of 15 years for light labor that is not detrimental to their health, or, with consent of one of the parents (guardians) and child custody and protection agencies, by persons of 14 years for light labor outside of school hours that is not detrimental to their health and does not interrupt their education.
The standard length of a work week cannot exceed 40 hours.
Reduced work hours are established for:
· employees younger than 16 years – not more than 24 hours per week;
· employees aged 16 to 18 years — not more than 35 hours per week;
· employees with I and II grade disability — not more than 35 hours per week;
· employees working in harmful and (or) hazardous conditions – not more than 36 hours per week.
The length of a workday or shift immediately preceding a public holiday is reduced by one hour.
In organizations with non-stop work cycles and for specific types of works where reduction of the length of a workday (shift) preceding a public holiday is impossible, the overtime is reimbursed by providing the employee with additional rest time or, with the employee’s consent, payment in accordance with rates established for overtime work.
Nighttime — from 22:00 to 6:00.
The length of a nighttime workday (shift) is reduced by one hour with no further work off.
Types of rest time:
- breaks during the workday (shift);
- daily (inter-shift) rest time;
- days off (uninterrupted weekly rest time);
- public holidays;
Breaks during the workday (shift)
During the workday (shift), employees must be provided with breaks for rest and meals lasting from at least 30 minutes up to two hours that are not counted as work hours.
For specific types of works that due to their nature make it impossible to provide employees breaks for rest and meals, the employer must provide employees with opportunities to rest and have meals during work hours. The list of such works as well as areas for rest and meals are established by internal regulations.
Special breaks for warm-up and rest
For specific types of works, employers are required to provide employees with special breaks during work hours as conditioned by technological processes and organization of production and labor. Types of such works, the length and procedure for provision of such breaks are established by internal regulations.
Employees working outdoors or in unheated premises during cold months of the year, loaders involved in loading/unloading works and other employees when necessary must be provided with special breaks for warm-up and rest that are counted as work hours. The employer must organize specially equipped premises for employee warm-up and rest.
Weekly uninterrupted rest time
The length of weekly uninterrupted rest cannot be less than 42 hours.
All employees must be provided with days off. In case of a five-day work week, employees are provided with two days off per week, and in case of a six-day work week – one day off.
The common day off is Sunday. The second day off provided in case of a five-day work week is established by the collective contract or internal regulations. Both days off are generally provided back to back.
Employers that cannot interrupt work processes for common days off due to technological and organizational reasons, must provide days off on different days of the week consecutively to each group of employees in accordance with internal regulations.
Public holidays of the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 – New Year holidays (new edition of Federal Law No. 35-FZ of 23.04.2012)
January 7 — Christmas;
February 23 — Defender of the Motherland Day;
March 8 —- International Women’s Day;
May 1 — Spring and Labor Day;
May 9 — Victory Day;
June 12 — Russia Day;
November 4 — National Day of Unity.
If a day off corresponds with a public holiday, the day off is moved to the workday following the public holiday.
Employees, except employees receiving salaries, are paid additional remuneration for public holidays when they were not involved in work. The amount and procedure of payment of such remuneration are established by the collective contract, agreements, local regulations adopted with consideration of the opinion of the elective body of the primary trade union organization, or the labor contract. Costs associated with payment of additional remuneration for public holidays are fully assigned to labor costs.
Employee guarantees in case of short-term disability
Employees are paid allowances for short-term disability, pregnancy and childbirth on the basis of short-term disability certificates. Such certificates also confirm that the employee’s absence for work was based on a legitimate reason.
In case of short-term disability, employees are paid an allowance for short-term disability in accordance with federal laws: the first three days of short-term disability are generally paid for by the employer, and the rest – by the Social Insurance Fund of the Russian Federation.
On the basis of an application and duly issued short-term disability certificate, women are provided maternity leaves of up to 70 (in case of a multifetal pregnancy – 84) calendar days before childbirth and 70 (in case of obstructed labor – 86, in case of birth of two or more children – 110) calendar days after childbirth with payment of a social insurance allowance in the amount established by federal laws.
The length of the maternity leave is calculated in combination and the leave is provided in full regardless of the number of days actually used before childbirth.
On the basis of an application, women are provided childcare leaves until the child’s achievement of the age of three years.
Childcare leaves can be used in full or in parts. On the basis of an application, a woman can work part-time or out of home while being on childcare leave with maintenance of her entitlement to the social insurance allowance.
The job (position) of the employee on childcare leave is secured throughout its entire length.
During the childcare leave that lasts until the child’s achievement of the age of three years the employee is paid a monthly allowance in the amount of 40% from the average income until the child’s achievement of the age of 18 months. This allowance is paid at the place of employment;
Maternity leaves are included in total and uninterrupted length of service as well as length of professional service.