Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. Entered into force on February 1, 2002, instead of the Labor Code of the RSFSR (Labor Code of the RSFSR) of 1971, which was in force before it. The Code defines labor relations between employees and employers and has priority over other adopted federal laws related to labor relations, Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates issues of labor protection, professional training, retraining and advanced training, employment, and social partnership. The rules for remuneration and labor standards and the procedure for resolving labor disputes are established. Separate chapters are devoted to the peculiarities of legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

• Section I. General provisions
• Section II. Social partnership in the sphere of labor
• Section III. Employment contract
• Section IV. Work time
• Section V. Rest time
• Section VI. Payment and labor standards
• Section VII. Guarantees and compensation
• Section VIII. Work routine, labor discipline
• Section IX. Professional training, retraining and advanced training of workers
• Section X. Labor protection
• Section XI. Material liability of the parties to the employment contract
• Section XII. Peculiarities of labor regulation for certain categories of workers
• Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
• Section XIV. Final provisions

Story

1918 Code

The first Russian labor code was adopted by the Bolsheviks in 1918. The main objective of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

• workers- persons working for remuneration;
• remuneration for work- provided in the form of money, services (for example, provision of housing) or products (including food);
• living wage- the minimum remuneration for labor established for a given area;
• preliminary test- a certain period preceding the final hiring for long-term work;
• normal working hours- the time established for the production of this work by the tariff regulations;
• shift work- continuous work, which requires several work shifts;
• overtime work- work beyond normal working hours was allowed in exceptional cases;
• holidays- established days on which work is not performed;
• production rate- the volume of work established by the pricing commission and approved by the labor department, performed under normal conditions during normal working hours;
• labor inspectorate- a body that protects the life, health and labor of persons engaged in economic activities;
• labor distribution department- a body responsible for registering the unemployed and providing them with jobs.

The first code introduced the following duties of workers:

• labor service- the duty of every citizen of the RSFSR;
• personal employment history- a document with notes on the work performed, remuneration and benefits received;
• the possibility of attracting the adult male working population to overtime work;
• performing a quantity of work not less than established production standards;
• compliance internal regulations;
• notification to the force distribution department and the trade union about the fact of replacement in the workplace of a worker who left the workplace without permission.

The following workers' rights were declared:

• right to work- the right to use labor in one’s specialty and for an established remuneration;
• remuneration for work is not lower than the established subsistence level;
• receiving remuneration for work at least once every two weeks;
• the possibility of dismissal at one's own request (in fact, this right was eliminated by the need to justify the reason for dismissal, which would satisfy the body of workers' self-government);
• The duration of normal working hours is no more than 8 day or 7 night hours per day.
• reduced working hours for persons under 18 years of age;
• reduced working hours in hard and hazardous work;
• lunch break;
• additional break for breastfeeding babies;
• weekly uninterrupted rest for at least 42 hours;
• shortened working day before a day of rest;
• annual leave;
• cash benefits and free medical care in case of illness, pregnancy and childbirth;
• unemployment benefits in the amount of remuneration due to the worker for work according to his tariff, group and category;
• benefits for workers working outside their specialty.

The Code explicitly prohibited workers from working during annual leave and holidays. When the fact of such work was established, the remuneration he received was withheld from the worker. It was also prohibited to receive additional remuneration for work other than for normal working hours and overtime. Payment of labor in advance was prohibited.

The following funds were introduced:

• Unemployment Insurance Fund;
• Local health insurance funds.

Four years later, in 1922, the code was revised.

1922 Code

The second code was adopted by a resolution of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, and Secretary of the All-Russian Central Executive Committee Enukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.

Compared to the previous code, new concepts were introduced, such as:

• pay book;
• severance pay;

The Code established an 8-hour working day, continuous rest of at least 42 hours, and an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the period before and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.

The Code established a list of public holidays, and also introduced the concept of “clerical and mental work” professions. There was no old-age pension, instead there was only a “right to social security for disability.”

With some amendments, the code remained in effect for almost half a century.

Labor Code of 1971 (LC)

In 1971, a new code was adopted, which established a 41-hour work week, added new holidays and new benefits, including establishing the right to parental leave until the child reaches 3 years of age while maintaining his job. The new code was more lenient compared to the code

No. 125-FZ dated June 18, 2017 “On Amendments to the Labor Code of the Russian Federation” (it comes into force on June 29, 2017). The amendments affected the issues of establishing and paying for part-time work and irregular working hours. There are also changes in terms of remuneration for overtime work and for work on weekends and holidays. We'll tell you what an accountant needs to know about the new payroll rules effective June 29, 2017.

Part-time work: important amendments

The normal length of the working week, in general, should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the week, working time must be distributed in such a way that its total duration does not exceed the specified limit. Most often you can find this option - an eight-hour working day with a five-day working week with days off on Saturday and Sunday.

However, in addition to the normal working hours, part-time working hours may be established. Part-time work involves working part-time during the week, or during a working day or shift. Issues of establishing part-time working hours are regulated by Article 93 of the Labor Code of the Russian Federation.

An example of establishing part-time work

An employee is busy not five working days, but four, or not eight hours per shift, but six.

Partial time: how it can be installed

From June 29, 2017, employers have the right to simultaneously assign an employee a part-time day and a part-time week. For example, a four-hour schedule on Monday and Thursday. Before this, Article 93 of the Labor Code of the Russian Federation allowed to shorten either a week or days.

Also, in Article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can have a part-time working day, dividing it into parts. For example, two hours in the morning and three hours in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation.

This is how part one of Article 93 of the Labor Code of the Russian Federation is read after amendments have been made to it:

When will it be necessary to take into account the wishes of employees?

The employer can transfer any employee to work with a part-time schedule at his request. However, in some cases the employer is obliged to establish a part-time working schedule for the employee. This must be done as requested:

• pregnant woman;
• one of the parents (guardian, trustee) with a child under 14 years of age or a disabled child under 18 years of age;
• an employee who cares for a sick family member in accordance with a medical certificate.

The adopted amendments supplemented, from June 29, 2017, the provisions of Article 93 of the Labor Code of the Russian Federation with a new norm stating that the above categories of working time and rest time, including the duration of daily work (shift), the start and end time of work, the time of breaks in work, must be established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.

Thus, for example, a pregnant woman may want her work day to start two hours later than usual. The employer will be obliged to take this kind of wish into account when establishing part-time work. Similarly, at the request of the employee, the time of, say, a lunch break or shift can be changed.

Prohibition on establishing irregular working hours

An irregular working day is a work mode when some employees may, by order of the employer, if necessary, be involved in work outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).

A feature of an irregular working day is the nature of work when, for reasons beyond a person’s control, it is not possible to perform all of one’s functions during working hours. For example, establishing irregular working hours for a lawyer will help to attract him to participate in court hearings that take place outside the normal working day.

But is it permissible to establish an irregular working day for an employee who is employed part-time? Can. Let us explain why.

The introduction of an irregular working day means that a person works outside the working hours established for him, including outside part-time working hours: a day or a shift (Article 101 of the Labor Code of the Russian Federation). Therefore, for an employee who works part-time, the employer has the right to establish an irregular working day.

The law commented on Article 101 of the Labor Code of the Russian Federation since June 29, 2017, supplemented by the rule that an irregular working day may be established for an employee working on a part-time basis. But only if two conditions are simultaneously met:

1. the agreement of the parties to the employment contract establishes a part-time working week;
2. a person works full time (shift).

Thus, it turns out that if a person works, for example, part-time (shift) in a part-time work week, then he cannot be assigned an irregular working day. After all, then the two above conditions are not met.

Now the Labor Code of the Russian Federation prohibits the establishment of both irregular and part-time working hours. If the employment contract contains both conditions, then the contract should be amended after June 29, 2017.

Who can now be left without lunch?

Article 108 of the Labor Code of the Russian Federation defines the rules governing the establishment of breaks for rest and food. It is stipulated that the lunch break is fixed in employment contracts or in local acts (for example, in the Internal Labor Regulations). In this case, the duration of the lunch break cannot be less than 30 minutes and more than two hours.

The law being commented on clarifies that from June 29, 2017, employees can be left without a lunch break if they work for four hours or less. A provision regarding this must be included in the employment contract or in the internal labor regulations. Before this, the rules were the same for everyone. The break must be regardless of the length of the working day.

Overtime pay: less confusion

The employer's management may require a person to work overtime. It should be understood as work outside the established working hours (Article 99 of the Labor Code of the Russian Federation).

Overtime work is work at the request of the employer outside the established working hours:

• in addition to daily work (shift) (with daily recording of working hours);
• in excess of the normal number of working hours for the accounting period (with cumulative accounting of working hours).

Article 152 “Payment for overtime work” of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times the amount. And in the following hours - no less than double the amount.

Now Article 152 of the Labor Code of the Russian Federation has been supplemented with a new paragraph. It says that the rules of Article 152 of the Labor Code of the Russian Federation apply to work beyond the norm only on weekdays. If an employee works on weekends or holidays, then his work is paid according to Article 153 “Payment for work on weekends and non-working holidays” of the Labor Code of the Russian Federation. That is, no less than double the amount.

For work on weekends or holidays, the salary will be paid double.

For example, the daily rate is 1000 rubles. This means that for working on a day off, the salary will be 2000 rubles (1000 rubles x 2).

Let us add that Article 153 of the Labor Code of the Russian Federation has also been amended to the effect that if only part of the working day (shift) falls on a weekend or non-working holiday, then an increased amount must be paid for the actual time worked on the weekend or non-working holiday (from 0 to 24 hours).

As of June 29, 2017, hours in excess of normal working hours do not need to be counted as overtime. The employee only needs to be paid double for work on a non-working day (Article 153 of the Labor Code of the Russian Federation). For example, a standard day is 8 hours, and an employee worked 10 hours on a holiday. The company will pay them double. There is no need to pay time and a half for the extra two hours as overtime. Before the amendments were made, such a conclusion followed only from the decision of the Supreme Court of the Russian Federation of November 30, 2005 No. GKPI05-1341.

We believe that the commented amendment will protect against disputes with employees. After all, it is now stipulated that the employer pays double the amount only for hours worked on days off. If an employee worked part-time, he will receive double pay for part of the day.

The Code defines labor relations between employees and employers and has priority over other adopted federal laws related to labor relations, Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

The Labor Code of the Russian Federation, in particular, establishes the rights and obligations of the employee and the employer, regulates issues of labor protection, professional training, retraining and advanced training, employment, and social partnership. The rules for remuneration and labor standards and the procedure for resolving labor disputes are established. Separate chapters are devoted to the peculiarities of legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Encyclopedic YouTube

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  The first Russian labor code was adopted by the Bolsheviks in 1918. The main objective of the code was to regulate the relationship between the worker and the employer.

  The Code introduced the following concepts:

  • workers- persons working for remuneration;
  • remuneration for work- provided in the form of money, services (for example, provision of housing) or products (including food);
  • living wage- the minimum remuneration for labor established for a given area;
  • preliminary test- a certain period preceding the final hiring for long-term work;
  • normal working hours- the time established for the production of this work by the tariff regulations;
  • shift work- continuous work, which requires several work shifts;
  • overtime work- work beyond normal working hours was allowed in exceptional cases;
  • holidays- established days on which work is not performed;
  • production rate- the volume of work established by the pricing commission and approved by the labor department, performed under normal conditions during normal working hours;
  • labor inspectorate- a body that protects the life, health and labor of persons engaged in economic activities;
  • labor distribution department- a body responsible for registering the unemployed and providing them with jobs.

  The first code introduced the following duties of workers:

  • labor service- the duty of every citizen of the RSFSR;
  • personal employment history- a document with notes on the work performed, remuneration and benefits received;
  • the possibility of attracting the adult male working population to overtime work;
  • performing a quantity of work not less than established production standards;
  • compliance internal regulations;
  • notification to the force distribution department and the trade union about the fact of replacement in the workplace of a worker who left the workplace without permission.

  The following workers' rights were declared:

  • right to work- the right to use labor in one’s specialty and for an established remuneration;
  • remuneration for work is not lower than the established subsistence level;
  • receiving remuneration for work at least once every two weeks;
  • the possibility of dismissal at one's own request (in fact, this right was eliminated by the need to justify the reason for dismissal, which would satisfy the body of workers' self-government);
  • The duration of normal working hours is no more than 8 day or 7 night hours per day.
  • reduced working hours for persons under 18 years of age;
  • reduced working hours in hard and hazardous work;
  • lunch break;
  • additional break for breastfeeding babies;
  • weekly uninterrupted rest for at least 42 hours;
  • shortened working day before a day of rest;
  • annual leave;
  • cash benefits and free medical care in case of illness, pregnancy and childbirth;
  • unemployment benefits in the amount of remuneration due to the worker for work according to his tariff, group and category;
  • benefits for workers working outside their specialty.

  The Code explicitly prohibited workers from working during annual leave and on holidays, and limited the length of the working day to 8 hours during the day and 7 hours at night (before that, according to the law of June 2, 1897, the working day was limited to 11.5 for hours). When the fact of such work was established, the remuneration he received was withheld from the worker. It was also prohibited to receive additional remuneration for work other than for normal working hours and overtime. Payment of labor in advance was prohibited.

  The following funds were introduced:

  • Unemployment Insurance Fund;
  • Local health insurance funds.

  Four years later, in 1922, the code was revised.

  1922 Code

  The second code was adopted by a resolution of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, and Secretary of the All-Russian Central Executive Committee Enukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.

  Compared to the previous code, new concepts were introduced, such as:

  • pay book;

  The Code established an 8-hour working day, continuous rest of at least 42 hours, and an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the period before and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.

  The Code established a list of public holidays, and also introduced the concept of “clerical and mental work” professions. There was no old-age pension, instead there was only a “right to social security for disability.”

  With some amendments, the code remained in effect for almost half a century.

  The Labor Code of the Russian Federation is a set of labor laws that regulate labor relations between employees and employers. With the help of these laws, the basic rights and obligations of those involved in the labor process are established.

  With the help of TC they are created optimal working conditions and there is an agreement in labor disputes according to the laws. The Labor Code guarantees workers the right to protection of dignity, social insurance, and compensation for harm caused to the employee’s health in the process of work.

  The Labor Code of the Russian Federation was adopted on December 30. 2001 and has the designation 197-FZ. In the process of using the Labor Code, as necessary, changes and additions are made to it related to the new requirements of working life. The TC version 2016 consists of 424 articles, located in 62 chapters, 14 sections and 6 parts.

  Who needs to know TC?

  The main provisions of the Labor Code should be understood, first of all, by employees and employers.

  Workers need to know the basic provisions of the laws in order not to be deceived in financial payments and to have their rights violated, including the right to rest.

  Employers must be aware of the provisions of the code in order to ensure all workers' rights and avoid unnecessary confrontations and. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the Labor Code.

  The main provisions of the Labor Code must also be presented to young people who are just entering the workforce. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of the agreement concluded with the employer.

  Accurate knowledge of the Labor Code is necessary for those people who often encounter the practical application of the code. This applies to personnel department employees, heads of enterprises and companies, and labor protection department employees.

  Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the process of labor activity is regulated.

  Brief history of labor legislation in Russia

  The labor code was first adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (LC). This Labor Code, with amendments and additions, was in force until the adoption of the new Labor Code of the Russian Federation.

  Comparison of Labor Code and Labor Code

  Compared to the Labor Code, the Labor Code has the following main differences:

  1. the Labor Code contains 424 articles, while the Labor Code contained only 225 articles. This speaks to the expansion of the scope of labor laws;
  2. The Labor Code is focused on market relations in the country, a variety of forms of ownership, and the acceptance of labor resources as a commodity, while the Labor Code was designed for regulated labor;
  3. The Labor Code regulates the entire variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations there were references to other laws;
  4. The Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real employment agreement. According to the Labor Code, all employers and employees had the same set of rights and obligations;
  5. The Labor Code introduced a new concept of “social partnership”. Thus, the contractual nature of labor and equality (partnership) of workers and employers are declared;
  6. According to the Labor Code, when going to work, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.

  What employees and employers need to know

  Sections of the Labor Code

  The Labor Code of the Russian Federation consists of 6 parts.

  First part

  Dedicated to the basics of labor legislation, concepts, principles and objectives of the code. It introduced articles related to the prohibition of discrimination in labor activities, forced labor, the delimitation of labor powers between various branches of government, as well as the priority of the Labor Code over other labor laws.

  This section provides a general concept of employee and employer and defines labor discrimination and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. The Labor Code also includes forced labor in cases where the employer does not fully pay or forces the employee to work in conditions that pose a danger to his life or health.

  In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. The employer may be or.

  Second part

  Relations in the sphere of labor are considered as social partnership. The basic concepts and principles of social partnership are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system must reconcile the interests of the parties involved in the labor process.

  Trade unions are recognized as representatives of employees in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.

  The third part

  Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from conclusion to termination of the contract.

  The concept of an employment contract includes the responsibilities of the employer and the employee.

  The employer is obliged to provide for the performance of labor activities and pay wages, and the employee must work and maintain discipline.

  This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of employee personal data, which the employer is obliged to protect.

  The fourth section of Part 3 of the Labor Code introduces the concept and discusses various options for its use. In accordance with the Labor Code, working time is the time an employee performs his labor duties in accordance with the employment contract.

  Working time also includes some periods of time classified as working time according to the laws of the Russian Federation and the Labor Code of the Russian Federation. In this case, normal working hours are 40 hours per week.

  Section 5 of the third part of the Labor Code is devoted to the concept of rest time, that is, time , during which the employee is freed from work and during which he can rest.

  This section covers different types of rest time - from lunch breaks to. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.

  Every employee must be granted 28 days' annual leave with pay.

  Section 6 of the Labor Code is devoted to labor standards and remuneration. The concept of wages was introduced, which represents remuneration for work depending on the complexity of the work and the qualifications of the employee. In addition, the salary may include compensation and.

  This part also describes various systems of remuneration and standardization.

  Fourth part

  Here we consider the labor relations of certain categories of workers, such as teenagers, managers, part-time workers, seasonal workers, and shift workers. Categories such as homeworkers, remote workers, people working in the Far North and other categories of workers are also considered.

  Fifth part

  Dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including with the participation of trade unions.

  Sixth part

  The final part of the Labor Code provides the procedure and timing for the implementation of this code.

  The Labor Code of the Russian Federation regulates dismissal in 2019 by Chapter 13 of the code. We present the current version of the Labor Code of the Russian Federation at the beginning of 2019. Keep in mind that there have been no dismissals under the Labor Code for many years. You can select the article you are interested in and click on the link, which will open in the same window as a drop-down text. For all questions, you can seek legal advice from a labor dispute lawyer.

  The term “dismissal” is usually applied to the termination of an employment relationship at the initiative of the employer. The Code uses a general term - “termination of an employment contract”. Termination of employment relations can occur: at the initiative of one of the parties (at the employee’s own request or at the initiative of the employer), both parties jointly (by agreement of the parties), at the will of other (third) persons not directly involved in the labor relationship.

  Articles 77 - 84.1 of the Labor Code of the Russian Federation “Termination of an employment contract”

  Article 77. General grounds for termination of an employment contract

  The grounds for termination of an employment contract are:
  1) agreement of the parties (Article 78 of this Code);
  2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;
  3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);
  4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
  5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
  6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, or a change in the type of state or municipal institution (Article 75 of this Code);
  (as amended on April 2, 2014 N 55-FZ)
  7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
  8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (parts three and four of Article 73 of this Code);
  9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);
  10) circumstances beyond the control of the parties (Article 83 of this Code);
  11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).
  
  An employment contract may be terminated on other grounds provided for by this Code and other federal laws.
  Part three is no longer valid. — Federal Law of June 30, 2006 N 90-FZ.

  Article 78. Termination of an employment contract by agreement of the parties

  An employment contract can be terminated at any time by agreement of the parties to the employment contract.

  Article 79. Termination of a fixed-term employment contract
  

  A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.
  (Part first edition dated June 30, 2006 N 90-FZ)
  An employment contract concluded for the duration of a specific work is terminated upon completion of this work.
  (as amended on June 30, 2006 N 90-FZ)
  An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.
  (as amended on June 30, 2006 N 90-FZ)
  An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).
  

  Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

  An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.
  (as amended on June 30, 2006 N 90-FZ)
  By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
  In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.
  (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated July 2, 2013 N 185-FZ)
  Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.
  Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
  If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

  Article 81. Termination of an employment contract at the initiative of the employer

  An employment contract can be terminated by the employer in the following cases:
  1) liquidation of an organization or termination of activities by an individual entrepreneur;
  (as amended on June 30, 2006 N 90-FZ)
  2) reduction in the number or staff of employees of an organization or individual entrepreneur;
  (as amended on June 30, 2006 N 90-FZ)
  3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;
  (Clause 3 edition dated June 30, 2006 N 90-FZ)
  4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
  5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
  6) a single gross violation by an employee of labor duties:
  a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);
  (as amended on June 30, 2006 N 90-FZ)
  b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;
  (clause “b” as amended on June 30, 2006 N 90-FZ)
  c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
  (as amended on June 30, 2006 N 90-FZ)
  d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
  (as amended on June 30, 2006 N 90-FZ)
  e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
  (as amended on June 30, 2006 N 90-FZ)
  7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
  7.1) the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or unreliable information about his income, expenses, property and property-related liabilities, or failure to provide or provide knowingly incomplete or unreliable information about income, expenses, on the property and obligations of a property nature of their spouse and minor children, opening (availability) of accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, ownership and (or) use of foreign financial instruments an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer. The concept of “foreign financial instruments” is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments”;
  (clause 7.1 introduced by Federal Law dated December 3, 2012 N 231-FZ, as amended by Federal Laws dated December 29, 2012 N 280-FZ, dated May 7, 2013 N 102-FZ, dated December 28, 2016 N 505-FZ)
  8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;
  9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
  10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
  11) the employee submits false documents to the employer when concluding an employment contract;
  (as amended on June 30, 2006 N 90-FZ)
  12) has become invalid. — Federal Law of June 30, 2006 N 90-FZ;
  13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
  14) in other cases established by this Code and other federal laws.
  The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.
  
  Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
  
  In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.
  (part four edition dated June 30, 2006 N 90-FZ)
  Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.
  (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)
  It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.
  (Part six introduced by Federal Law No. 90-FZ of June 30, 2006)
  Information on the application of a disciplinary sanction to an employee in the form of dismissal due to loss of confidence on the basis of clause 7.1 of part one of this article is included by the employer in the register of persons dismissed due to loss of confidence, provided for in Article 15 of the Federal Law of December 25, 2008 N 273-FZ “On combating corruption.”
  (Part seven was introduced by Federal Law dated July 1, 2017 N 132-FZ)

  Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer
  (as amended on June 30, 2006 N 90-FZ)

  When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements.
  (as amended on June 30, 2006 N 90-FZ)
  Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.
  (as amended on June 30, 2006 N 90-FZ)
  When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.
  (as amended on June 30, 2006 N 90-FZ)
  A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.
  (as amended on June 30, 2006 N 90-FZ)

  Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

  The employment contract is subject to termination due to the following circumstances beyond the control of the parties:
  1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;
  2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;
  3) failure to be elected to office;
  4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;
  5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;
  (as amended on June 30, 2006 N 90-FZ)
  6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
  7) the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation;
  8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;
  (Clause 8 introduced by Federal Law No. 90-FZ of June 30, 2006)
  9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;
  (Clause 9 introduced by Federal Law dated June 30, 2006 N 90-FZ)
  10) termination of access to state secrets if the work performed requires such access;
  (Clause 10 introduced by Federal Law No. 90-FZ of June 30, 2006)
  11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work;
  (Clause 11 introduced by Federal Law dated June 30, 2006 N 90-FZ)
  12) has become invalid. — Federal Law of December 1, 2014 N 409-FZ;
  13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.
  (Clause 13 introduced by Federal Law dated December 23, 2010 N 387-FZ)
  Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
  (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated December 23, 2010 N 387-FZ)
  Part three is no longer valid. — Federal Law of December 1, 2014 N 409-FZ.

  Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law
  (as amended on June 30, 2006 N 90-FZ)

  An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:
  (as amended on June 30, 2006 N 90-FZ)
  conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;
  concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;
  (as amended on June 30, 2006 N 90-FZ)
  lack of an appropriate document on education and (or) qualifications, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;
  (as amended on July 2, 2013 N 185-FZ)
  concluding an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws relating to the involvement in labor activities of citizens dismissed from state or municipal service;
  (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated December 25, 2008 N 280-FZ)
  concluding an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code or other federal law;
  (paragraph introduced by Federal Law dated December 23, 2010 N 387-FZ)
  in other cases provided for by federal laws.
  (paragraph introduced by Federal Law of June 30, 2006 N 90-FZ)
  In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
  (Part second edition dated June 30, 2006 N 90-FZ)
  If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.
  (part three edition dated June 30, 2006 N 90-FZ)

  Article 84.1. General procedure for registering termination of an employment contract
  (introduced by Federal Law No. 90-FZ of June 30, 2006)

  Termination of an employment contract is formalized by order (instruction) of the employer.
  The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).
  The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
  On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
  An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
  If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
  (as amended on June 29, 2015 N 201-FZ)

  It should be taken into account that the grounds for dismissal may be provided:

  • Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation);
  • federal laws (for example, when terminating an employment contract with a rescuer);
  • with certain categories of employees - an employment contract (in relation to the director, employee - “home worker” and some other categories of persons).