How can employees continue to work under high alert mode conditions not violating the law? BBNP specialists have developed a set of measures for their Clients.

Case Description

The spread of coronavirus disease (COVID-19) in the Russian Federation and government measures to stop it have caused many problems for domestic business.

The Decree of the President of the Russian Federation \"On Announcing Non-Working Days in the Russian Federation\" was issued on 25 March 2020, and BBNP lawyers immediately began to receive questions about further activities of companies and their legal opportunities as employers, whose situation was seriously complicated by the obligation to maintain wages for the period of introduction of non-working days.

BBNP specialists faced a completely new \"non-working days\" concept, because the legislation of the Russian Federation does not provide for such a format. The Labor Code defines only two types of days-off: weekends (weekly continuous rest) and non-working holidays, which are non-working days due to the establishment of public holidays on these days.

Even before 2 April 2020, when the Ministry of Labor and Social Protection gave explanations on the announced non-working days, BBNP specialists prepared a step-by-step guide for their clients based on their experience and expected actions of the public officials.
Having analyzed the arisen circumstances and realizing that there is no law enforcement practice on this issue (since it was the first time that both the society and the government faced with such concept), BBNP specialists provided their clients with detailed strategic and tactical plans.

In accordance with the provisions of the Labor Code of the Russian Federation, documentation was prepared to transfer the employees, if permissible, to a remote work format. The issues of working and rest hours, the actual place of performing the job function, as well as the timely interaction between the employer with the employee were worked out.

Result

Using the results of work of BBNP specialists, clients, not violating the labor legislation, were able to maintain the working regime of their employees and continue their business in full.

For Reference

One of the most serious difficulties faced by almost all organizations during the COVID-19 pandemic is the non-working days announced by the President of the Russian Federation from 30 March 2020 to 3 April 2020 and repeatedly extended up to 12 May 2020. After the removal of non-working days mode at the federal level, the authorities of many constituent entities of the Russian Federation, by virtue of their powers to apply measures to counter the spread of the virus, continued a high-alert mode in case of emergencies with mandatory compliance with the self-isolation, in the managed regions.

In accordance with the Decree, for the period of the introduced non-working days, employers retained the obligation to pay wages to employees.