The difficult codeHere already whole year the Russian companies live under the new Labour code. How labour relations of employers and employees in this time have changed?
the new Labour code (TK) has taken effect on February, 1st last year. Its working out and acceptance were accompanied by rough discussions, and was much said that TK is written exclusively under the employer. However despite all fears, the code it has appeared liberal enough in relation to the hired worker. Workers (at least 20 % which have taken part in our poll) consider that basic changes in their labour life for the last year have not occurred. Many employers (24 %) too have answered that the new code has not complicated it life.
and still to say that has changed nothing, it would be wrong.
It is necessary to agree
For the past year to personnel officers has essentially increased paper work. New TK unlike the old Labour Code has established that the labour contract should consist in writing and contain personal and professional data, the rights and duties of the worker and the employer, a working condition, indemnification, a privilege and etc. These innovations have forced many companies to update texts of labour agreements with the personnel. For example, personnel department of factory “ Kampomos “ has spent for copying about 2 thousand labour contracts more month, and in contracts of employees of consulting company KPMG there was a new point on additional payments. Olga Volzhina, the manager on personnel KPMG: “ Now the employee precisely knows that it can award, for example, for individual successes or by results of company work for a year “.
According to the partner of legal company Baker & McKinsey Evgenie Rejzmana, practice has shown, it is how much important to register labour duties of the employee in the smallest details: “ it would Seem, have employed the loader - well and let to itself loads, the beginning and the end of the working day on a door it is written. But, unfortunately, in many companies from - for it there is an array of problems. For example, the worker speaks: “ I was not employed red chushki to load, only dark blue, at me witnesses are “. The employer rushes to the labour contract, and there is specified that the employee is accepted by the loader in shop dark blue chushek, and about red chushki and about that in case of shortage dark blue it is possible to load red, - words. And here there would be a thought over description of labour duties, it would load both dark blue chushki, and red “.
TK allows to bring in the contract point on possibility of return of the means enclosed in training of the personnel. So, if the employee send on paid courses from it can demand to fulfil then in the company certain term, and at preschedule dismissal - to compensate study cost. Alexey Litvinov, the director for human resources of the company “ Kampomos “: “ In practice we see that many, leaving, do not want to compensate training. Happens, the person already and itself has forgotten that where - that studied. Meanwhile spent means sometimes reach several hundreds, and sometimes and thousand dollars - for example if study is connected with zagranpoezdkami. The new norm is some kind of keeping the factor from leaving of the worker from the company “.
the New Labour code has put before personnel officers and one more problem. So, each worker on receipt should acquaint with order of processing of its personal data - to explain, where its personal and professional information to whom and in its what cases will give also etc. Therefore to many companies will contain it was necessary to develop urgently position “ About protection of the personal data “ and at special forums of personnel officers till now there are plaintive requests to colleagues to share the document text.
in concern “ Babaevsky “ last year have started to acquaint without fail employees with, where and as their personal data will be stored. Olga Volzhina: “ We began to take the special receipt from employees, granting to us is right in certain cases to extend the personal data without their permission. We will tell, we should give the information to the insurance companies, tax inspection. And when our workers make out international passports, to us call from OVIRs and ask, whether really these people work for us. This receipt for the present did not become the obligatory internal document, but a part of workers it is already signed “.
Other paper innovation - if after a trial period the company refuses to conclude the labour contract should state the reasons in writing with the employee. Still one year ago it was possible not to do it. For workers the given norm, naturally, is useful: with the document to address in court easier. However, this rule observe far not everywhere. Many employers admitted that are ready to give out such paper, but only after the persevering request of the employee.
the Deserved rest
Owing to new position about calculation of holiday time (now it makes 28 calendar days, instead of 24 workers as earlier) personnel services should make now obligatory schedules of holidays. Besides it is possible to go on leave already after six months of continuous work in the organisation, instead of eleven. Though to some personnel officers it became easier to count holiday time. Alexey Litvinov: “ such order is more convenient For us, after all our enterprise works round the clock. Earlier when the actual working days got on formal days off, we had only a confusion “. Pragmatic employers allow to break to employees holiday, but demand, that its pieces made not less week. As the manager on the personnel of a large trading network, " speaks; To us is unprofitable to grant leave from Monday till Friday that then for the days off to pay to the person the salary “.
Legislators have taken care and of payment, and now it is better to companies not to detain the salary to employees. So, in the middle of last year one Russian firm almost did not pay two months the salary. Workers have considered it as rough infringement of their rights and have complained in labour inspection. As a result the company administration has been compelled to pay it indemnification. TK establishes its size - not less than 1/ 300 rates of refinancing of the Central Bank from an outstanding sum per every day of delay. Besides, the employee can not come to work, if the salary to it detain more than for 15 days. However, the companies where the collective would use this right, we and have not found.
you are dismissed
In the list of the bases for dismissal too there were some new points. So, the employer can dismiss the employee for disclosure of secret protected by the law (state, commercial or office) or for granting of obviously false data at a conclusion of employment agreement. However it has not untied a hand to the employer. After all, for example, it is authorised to dismiss for which lie, the law does not specify. Sergey Kuksa, the director of legal firm “ labour law Bureau “/ PLB: “ There was a case when the employee has attributed in the resume some additional years of the seniority and a work place where it never formally worked. In some months about it have learnt also it have dismissed. However the court has restored it on work, having considered that if the worker executed the labour functions normally it can remain in the company “. As the personnel officer of one large firm, " has noticed; we try not to use new articles TK for dismissal of employees because in them it is too much subtleties. We prefer to dismiss people in the old checked up way - under the agreement of parties “.
Under the old Labour Code of the person could dismiss for absence on a workplace without a good reason over three hours. Now have added one “ superfluous “ hour. But, as it has appeared, anybody has not noticed it. Zynaida Koksanova: “ What is the hour that four-zdes new anything is not present “.
Here already whole year of the company have the right to establish for general directors, their assistants and chief accountants a new trial period - six months (instead of three which are provided for the ordinary personnel). But in firms this norm use not always. For example, “ Ajs - Fili “ recently has employed the new chief accountant. As the director for the personnel of this company Zynaida Koksanova, " speaks; As on such post we take only very skilled people for the new person have established only three months of test. In our opinion, it is enough of it “.
Besides, the top - managers became easier for dismissing. With the head, it zamami and the chief accountant many companies have started to conclude urgent labour contracts, and the expiration of their terms becomes the direct basis for refusal of their services. On new TK to terminate the labour contract about a top - managers the new proprietor of property of the organisation can also. However, in this case to them are obliged to pay indemnification - not less than three average monthly earnings.
according to one lawyer, the new norms regulating work of heads, open a good opening for disposal of unnecessary employees. For example, in one company the general director wanted to dismiss the objectionable person, but could not find a suitable occasion. Then it has appointed its zamom, has concluded with it the urgent contract, and then has absolutely lawfully dismissed upon termination of agreement term.
According to the new code, the head of the organisation, it zamy and the chief accountant should suffer a full liability for the direct damage caused to the company. So, more recently from - for errors of the chief accountant the small Russian bank has lost about $10 thousand, and from the chief accountant have collected all sum of the suffered damage whereas still one year ago it could bring indemnification which is not exceeding the average size of its salary.
it is better not to be ill and not to give birth
to Employees who often are ill, the new code has made an indulgence. So, now them cannot dismiss for a finding on the sick-list over four months. However for illness TK guarantees only grant payment on the social insurance which size is at the moment limited by 11,7 thousand roubles (approximately $370). If the salary is more, the person appears in loss. However, some companies pay to patients, for example, with a flu all salary if only they were at home and did not infect other employees.
pregnant women also cannot count on high-grade established by decree. Under the new code maternity and birth benefit payment is limited by the same 11,7 thousand roubles a month even if the official salary of the employee made $5 thousand to Employers such norm only on a hand, however some of them consider that it is unfair. Zynaida Koksanova: “ Women should give birth. We pay 100 % for a maternity leave “. In company KPMG too have declared that pay established by decree completely at the rate of salaries of the employee.
and what employees think of changes in the labour legislation? The majority of them have declared that in their companies has changed nothing, because employers as did not observe the old law, so do not observe also the new. Dmitry Yerokhin, the expert of the state organisation: “ the state supervises Taxes and accounting rigidly, and to observe labour norms it forces nobody. The personnel officer on new work can not ask at all, whether he knows the Labour code. Therefore the companies which worked by own rules, most likely, at all have not paid attention that the law has changed. The project head of a group of companies “ Borlas “ Yury Mazitov has completely agreed with this opinion and has added: While the majority of the companies will not pass on “ white “ payment, the Labour code and remains for them mere formality “.