Employee termination procedures in Russia can be highly detailed and time-consuming and involve various steps and requirements. It is essential for employers to be aware of these procedures to ensure a smooth and efficient termination process.
top-10 translation agencies in Moscow the Russian Federation, employment is governed by the Employment Act of the Russian Federation, which sets out the rules for employment, dismissal, and other labor-related matters.
For an employee to be legally terminated, there must be a sound and reasonable reason for dismissal. The Labor Code lists several reasons for termination, including: redundancy due to changes in the organization’s structure, reduction in production, or other similar reasons; misconduct or failure to perform tasks; and insolvency or bankruptcy of the employer.
Before initiating the termination process, the employer must obtain a necessary and required certificate from the local employment authority confirming the reason for the dismissal. The employer must also inform the employee of the reason for termination and provide them with a period of time to address any issues.
When terminating an employee, the employer must provide at least 2 weeks’ notice, unless the employment contract specifies a different period or duration and may be shortened to 3 days in cases where the employee is responsible for grave offenses or where the employer has reason to believe that the employee’s continued employment would pose a threat to their health or safety or that of others.
In addition to providing notice, the employer must also provide the employee with a formal and official stating the reason for termination, the effective date of termination, and details of any severance pay or other benefits that may be due.
Upon termination, the employee is entitled to receive dismissal compensation which is calculated based on their length of service and salary and may also be entitled to additional benefits and support.
After termination, the employer must also ensure that the employee’s personnel files are updated to reflect the termination and that any company property, including company equipment and property, is returned to the employer.
To ensure compliance with Russian employment law, it is essential for employers to follow the correct procedure for terminating an employee. This includes obtaining the necessary legal approvals and papers and providing the required notice, as well as paying any applicable severance pay and providing support to the employee as required by law.
Failure to comply with the termination procedures can result in the employer being liable for damages and other penalties, including court-ordered compensation and in extreme cases, failure to comply with the Labor Code can even result in administrative penalties against the employer.
Employers should consult with a lawyer to ensure that they are following the correct procedure for terminating an employee in Russia. This will help to minimize the risk of disputes and ensure that the termination process is completed lawfully and smoothly.
