Who can return to work after the end of the non-working period and how?
The President announced the end of the period of non-working days in Russia on May 11, 2020[1]. What does this mean for business? Which organizations can return to work and how?
You will find below the brief comments we have prepared regarding the most important issues.
What does “the end of the non-working period” mean in practice?
A period of non-working days was introduced earlier by the President during which employees did not work and received full pay. Moreover, if employers had introduced downtime/standby/furlough or dismissed employees during that period, they would have incurred significant risks.
The period of non-working days ended on May 12. For companies that are unable to resume work completely despite the lifting of restrictions but want to keep their staff, the end of this period means that they now can introduce downtime/standby/furlough. Furlough will allow reducing employee payments down to 2/3 of salary or average salary depending on the circumstances. It will also be possible to complete any dismissals, which were planned but were postponed due to the “non-working days” (for example, dismissal due to downsizing).
The Presidential decree also provides that the regions are entitled to suspend the activities of individual organizations and individual entrepreneurs located on their territory. The organizations and individual entrepreneurs whose activities are suspended must keep and continue paying their staff. Are these organizations entitled to furlough, cut wages, or lay off workers? We believe so, as the President is not entitled to change the regulation of labor relations provided by the Labor Code by issuing decrees. However, if certain organizations choose to do so, they might be subject to claims from state authorities.
Which companies can start working and which activities are still prohibited?
All companies and entrepreneurs whose activities are not expressly prohibited can now return to work provided they comply with certain sanitary rules. Bans on certain types of activities are set at the regional level, so they differ from region to region. For example, restaurants, cafés, canteens, refreshment rooms, bars, snack bars, some retail outlets, as well as the provision of services entailing personal presence are not allowed to open in St. Petersburg until May 31, 2020 (complete list can be viewed here).
Restaurants, cafés, canteens, refreshment rooms, bars, snack bars, beauty salons, cosmetic, spa salons, massage parlors, tanning salons, saunas and other facilities providing such services are also not allowed to open in Moscow until May 31, 2020 (complete list can be viewed here).
Is it possible to visit the office and premises of organizations whose activities are not prohibited?
The answer to this question should also be found in regional legislation. The government of St. Petersburg imposed earlier a ban on individuals visiting the premises of enterprises (organizations) prohibited to work during the non-working period. This ban was lifted on May 12, 2020 by St. Petersburg Government Decree No. 276 dated May 9, 2020. Employees are now entitled to work from their employer’s office provided they comply with sanitary requirements and Rospotrebnadzor recommendations.
It is also recommended that employers maintain remote work for employees who are not directly involved in technological and other processes necessary to ensure the functioning of organizations (individual entrepreneurs) and were switched to remote work earlier.
Visiting the premises of organizations (enterprises) has been suspended in Moscow for the types of activities expressly stated in Mayor Decree No. 55-UM dated May 07, 2020.
What should be done before starting work?
Rospotrebnadzor has published on its website General Principles for Lifting Restrictions Upon Risks of the Spread of COVID-19. These principles set out sanitary requirements for work in companies based on different types of activities. These principles can be viewed here.
If a company in St. Petersburg plans to resume its activity, then it will be required to do the following before May 18, 2020 or before starting its activity:
- Approve internal regulations establishing safety standards; and
- Notify St. Petersburg Industrial Policy Committee of the performance (resumption) of activity by sending a message through its online account on the website of St. Petersburg State Budget Institution Center for Entrepreneurship Development and Support;
- Comply with a number of sanitary requirements to prevent the spread of coronavirus (ensure compliance with safety standards and Rospotrebnadzor recommendations, social distancing of at least 1.5 m between employees, ensure that gloves and masks are used).
In the event of activity resumption, we therefore recommend drafting safety standards as soon as possible and notifying St. Petersburg Industrial Policy Committee.
Moscow Mayor Decree No. 55-UM dated May 07, 2020 also provides for sanitary measures that must be fulfilled by organizations that have decided to return to work. In particular, employers must ensure:
- Compliance with PPE use (masks, gloves);
- Regular measurement of employees’ body temperature;
- Test at least 10% of employees for coronavirus;
- Take blood from employees for coronavirus tests;
- Compliance with other sanitary requirements from Rospotrebnadzor.
Employees are also required to inform their employer if they and those living with them get ill, pregnant, have symptoms of acute respiratory viral infections, pneumonia, or coronavirus.
How to get employees working remotely back in the office?
If additional agreements were signed to switch employees to remote work, and if these additional agreements provide for a period during which employees are to work remotely, then employees should return to the office upon expiration of this period with no formal additional notification. Be that as it may, we still recommend sending (for example, by email) a notice to employees to let them know about their upcoming return to the office. If no period was set in the additional agreements providing for remote work, then it will be necessary to sign another additional agreement to switch to office work again.
How to conduct mandatory medical examinations of employees if medical organizations do not work?
It might be difficult to conduct mandatory medical examinations in practice when the activity of medical organizations is limited or stopped altogether. The Ministry of Health issued Order No. 198-n on March 19, 2020 to suspend preventive medical examinations and medical checkups. The Ministry of Health has now prepared draft amendments (link) to allow employers to postpone medical examinations of employees during the period of high alert.
In any case, we recommend employers that are required to conduct mandatory medical examinations to consider in advance how they should go about this process.
We look forward to providing you with more detailed information on any questions you may have about the end of the non-working period.
If you have any further questions, please feel free to write to Julia Talagaeva or Ekaterina Belyaeva.
Truly yours,
[1] Presidential Decree N 316 dated May 11, 2020 Determining the Procedure to Ensure Public Health in the Constituent Entities of the Russian Federation Due to the Spread of COVID-19
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