Изменения в Трудовом кодексе Российской Федерации в связи с пандемией COVID-19

Shevchenko D.K.,
Student at the Russian State University of Justice named after V.M. Lebedev

Scientific consultant 
Novikova M.G.,
Professor of the Foreign Languages Department,
Russian State University of Justice named after V.M. Lebedev,
Doctor of Sciences, (Philology)

Changes in the Russian Federation Labor Code in connection with the COVID-19 pandemic

Abstract. The article analyzes the changes in the Russian Federation Labor Code caused by the COVID-19 pandemic and their impact on labor relations, the rights of employees and employers, as well as long-term consequences for the labor market and social policy. Each question is considered with references to current legislation and is provided with the author's opinion. The work convincingly proves that legislative changes were introduced in the Russian Federation in a timely manner, which allowed not only to overcome the economic crisis successfully by supporting both employees and employers, but also to lay the foundations for the further successful development of the state.

Keywords: COVID-19 pandemic; changes in the Russian Federation Labor Code; labor relations; the rights and obligations of employees and employers; long-term consequences for the labor market and social policy.

Sudden events to which it is impossible to prepare in full extent occur periodically in the history of mankind. One of these events was the outbreak of an unknown virus in 2019, which spread rapidly around the world and claimed the lives of many people. In times of crisis the legal systems of different states should also undergo changes, adapting to new reality. In this connection, it is interesting to trace how the Russian Federation Labor code changed during the pandemic. The purpose of this article is to analyze the changes in the Labor Code of the Russian Federation introduced in response to the COVID-19 pandemic, assess their impact on labor relations, the rights of employees and employers, and identify the long-term consequences of these changes for the labor market and social policy in our country.

To begin with, it is important to study the main changes made to the Labor Code of the Russian Federation aimed at adapting labor relations to new conditions [6]. In total, there are 8 amendments that affect various aspects of relationships at work:

1. Remote work

Now the employer and the employee can arrange both permanent or temporary remote work. The rights and obligations of the parties, the procedure for registration and accounting of working hours, as well as the provision of equipment and compensation for communication and Internet costs have been clarified [20].

2. Temporary transfer to remote work

In case of a threat of spreading the disease, the employer may temporarily transfer employees to remote work without their consent. This provision can be applied in exceptional cases, such as a pandemic [21], [4].

3. Days off

During the pandemic, the President of the Russian Federation had the right to declare paid days off. This was done to reduce the risks of the virus spreading [8].

4. Sick leave payment

During the pandemic, the rules for sick leave were simplified, including for those who were in quarantine. Sick leave was paid in full at the expense of the Social Insurance Fund [9], [3].

5. Guarantees for employees at risk

Employees over the age of 65, as well as people with chronic diseases, could be transferred to remote work with pay. If such work was not possible, they were given paid leave [10].

6. Employment contracts suspension

In case of suspension of the organization’s activities due to the pandemic, employment contracts could be suspended with the consent of the employee. During this period, salary was not paid, but the employees retained their place of work [17].

7. Dismissal procedure simplification

During the pandemic, dismissal procedures were simplified due to the liquidation of the organization or staff reduction. Thus, for example, employee notification periods could be shortened [18].

8. Compensation and benefits for employees

Additional payments and benefits were introduced for the employees who continued to work in high-risk conditions (for example, doctors) [11].

An analysis of these amendments to the legislation shows that the state tried to explain as fully as possible the specifics of the relationship between employer and employee in the context of a pandemic in order to protect the rights of both parties and reduce the negative economic impact on the state.

However, not only working relationships changed, the crisis also forced the labor legislation itself to be modified. In this case, we can talk about 6 main changes that are undoubtedly positive in nature as they were aimed at adapting labor legislation to the new conditions caused by the spread of coronavirus infection. The key points of these changes are as follows.

1. Remote work

As one of the most important changes is the expansion of opportunities for transferring employees to remote work, the Labor Code of the Russian Federation was amended to clarify the procedure for registration and implementation of remote work. According to Article 312.1 of the Labor Code of the Russian Federation, the employer has the right to transfer employees to remote work without their consent in case of emergency, such as a pandemic [19], [22].

2. Temporary rules for registration of employment relations

During the pandemic, the procedures for registration of labor relations were simplified. For example, it was possible to make employment contracts in electronic form using an electronic signature [19]. This allowed employers and employees to formalize relationships quickly without the need for personal presence.

3. Downtime and remuneration

As a result of the forced downtime due to quarantine measures, changes were made to the regulation of downtime. According to Article 157 of the Labor Code of the Russian Federation, downtime due to the fault of the employer is paid in the amount of at least 2/3 of the average salary of an employee. However, during the pandemic, exceptions were provided to reduce wages if downtime was caused by objective circumstances, such as restrictive measures [12].

4. Sick leave and quarantine

Special rules were established for employees who were quarantined or caring for COVID-19 patients. According to Federal Law No. 104-FZ of 04/01/2020, sick leave in such cases was paid in the amount of 100% of average earnings, regardless of the length of service of the employee.

5. Protection of workers’ rights

Measures to protect workers’ rights were strengthened during the pandemic. It was prohibited to dismiss employees on the initiative of the employer, except in cases of liquidation of the organization or commission of disciplinary offenses by the employee [13]. This made it possible to reduce the unemployment rate and ensure the stability of labor relations.

6. Flexible work schedule

The Labor Code was amended to allow employers to set flexible working hours for employees. This included the possibility of changing the working hours, including a shorter working day or week, without coordination with the trade union authorities [19].

A close look at the modifications to labor legislation shows that the main trend is to simplify bureaucratic procedures and increase measures aimed at reducing unemployment in the context of the pandemic. These measures made it possible to adapt to new conditions and minimize negative consequences for employees and employers. However, some of these changes were temporary, and their long-term impact on labor relations required further analysis.

An important part of labor legislation is a detailed description of not only the rights, but also the responsibilities of the employer and employee, so the study devotes a separate section to this issue. The COVID-19 pandemic has brought significant changes to labor relations, which required adjustments to the rights and obligations of both employees and employers. These changes were fixed in the regulations and amendments to the legislation. Here is the analysis of the parties’ basic rights during the pandemic.

Workers’ rights

1. The right to transfer to remote work

During the pandemic, workers were given the right to transfer to remote work, if their working conditions allow it. The employer is obliged to provide the employee with the necessary means to fulfill his work obligations [2].

2. The right to pay for sick leave

Employees who have contracted COVID-19 or are in quarantine are entitled to pay sick leave in the amount of 100% of average earnings, regardless of length of service [16].

3. The right to maintain a workplace

During the pandemic, it was prohibited to dismiss employees on the initiative of the employer, except in cases of liquidation of the organization or gross violations of labor discipline [13].

4. The right to safe working conditions

The employer is obliged to ensure safe working conditions, including the provision of personal protective equipment (PPE) and compliance with sanitary and epidemiological requirements [3].

5. The right to pay for downtime

If the downtime is due to the fault of the employer, the employee is entitled to pay at least 2/3 of the average salary [4].

Employers’ rights

1. The right to transfer employees to remote work

The employer has the right to transfer employees to remote work without their consent in case of emergency, such as a pandemic [2].

2. The right to introduce an idle mode

In case of forced downtime due to restrictive measures, the employer has the right to introduce a downtime regime with payment in the amount of at least 2/3 of the tariff rate or salary [4].

3. The right to change the terms of the employment contract

During a pandemic, an employer may unilaterally change the terms of an employment contract, including working hours and wages, if this is caused by extraordinary circumstances [5].

4. The right to suspend activities

In case of introduction of restrictive measures, the employer has the right to suspend the organization's activities while maintaining jobs [14].

5. The right to receive state support

Employers affected by the pandemic are entitled to receive government support, including subsidies, tax benefits and deferred payments [15].

Obligations of the parties

The employer is obliged to:

- comply with sanitary and epidemiological requirements [2];

- provide employees with personal protective equipment;

- pay salaries and benefits on time;

- inform employees about changes in working conditions [6].

The employee is obliged to:

- observe the rules of labor discipline;

- comply with the employer’s requirements related to ensuring occupational safety;

- inform the employer in a timely manner about the COVID-19 disease or the need for quarantine [7].

As we can see, the COVID-19 pandemic required a balance between the rights and responsibilities of employees and employers. The legislative changes were aimed at protecting the health of employees, preserving jobs and supporting businesses. However, some measures are temporary in nature, and their application requires strict compliance with labor legislation.

Finally, it is necessary to identify the long-term consequences of changes in the Russian Federation Labor Code in connection with the COVID-19 pandemic for the labor market and social policy in the country. All in all, it is possible to distinguish 6 main groups of such consequences, each of which includes several aspects.

1. Accelerating the digitalization of labor relations

One of the most noticeable long-term consequences has been the acceleration of the transition to digital formats of interaction between employers and employees. The amendments to the Labor Code concerning remote work have created a legal basis for the widespread use of remote work [2]. This has led to the following effects:

- increased flexibility in labor relations: employees have the opportunity to work from anywhere, which is especially important for regions with limited employment opportunities;

- lower costs for employers: companies can reduce the cost of renting office space and infrastructure;

- risks: increasing the digital division between workers who have access to necessary technologies and those who lack such access [5].

2. Changing the employment structure

The pandemic and related changes in labor legislation have contributed to the redistribution of labor resources between industries, for example:

- growing demand for IT specialists: an increase in the need for digital technologies has led to an increase in employment in the IT sector [8], [24].

- reduction of employment in traditional industries: tourism, hotel business and catering suffered significant losses due to restrictive measures [7].

3. Strengthening social protection of employees

During the pandemic, measures were taken to strengthen the social protection of workers, such as:

- ban on dismissals: a temporary ban on the dismissal of employees at the initiative of the employer [13] contributed to the preservation of jobs;

- expansion of sick leave rights: payment of sick leave in the amount of 100% of average earnings for COVID-19 patients [16] has become an important support measure;

- increasing the burden on the Social Insurance Fund: an increase in the cost of benefits may require a review of the financial system;

- building trust in government social policy: strengthening the protection of workers' rights can increase the level of trust in government institutions.

4. Changes in the regulation of working hours

The introduction of flexible work schedules [5] and simplification of procedures for changing the terms of an employment contract can lead to the following long-term consequences:

- the growth of non-standard forms of employment: an increase in the share of part-time employment, temporary work and freelancing;

- risks for employees: reduced stability of labor relations and the level of social guarantees [1].

5. Impact on migration policy

The pandemic and related restrictions have led to a reduction in labor migration, which has affected the labor market in industries traditionally dependent on foreign labor (construction and agriculture industries). This can lead to:

- wage growth in these industries: due to the shortage of labor;

- automation promotion: companies can more actively implement technologies to replace manual labor [23].

6. Long-term implications for social policy

Changes in labor legislation during the pandemic may affect social policy in the following areas:

- development of the social insurance system: the need to adapt the system to new risks, such as pandemics and economic crises;

- support for vulnerable groups: strengthening support measures for workers who have lost income due to the pandemic (for example, through retraining and advanced training programs);

- stimulating digital literacy: developing programs aimed at improving the digital literacy of the population in order to adapt to new forms of employment.

Thus, it becomes obvious that long-term consequences of changes in the Russian Federation Labor Code in connection with the COVID-19 pandemic are multifaceted. They affect both the labor market (digitalization, changing the employment structure) and social policy (strengthening employee protection, developing the social insurance system). For the most part, the identified long-term consequences are positive, as they helped not only to overcome the economic crisis caused by the pandemic, but also to improve the economic situation of the country, as well as to obtain new effective areas of work. However, each innovation requires further high-quality legal analysis and an appropriate support within legal framework.

In conclusion it should be mentioned that goals of the article have been fulfilled:

1. Key amendments such as remote work and downtime management have been studied.

2. Their impact on the flexibility and stability of labor relations is assessed.

3. The rights of the parties, including the protection of employees and the opportunities of employers, are considered.

4. Long-term impacts on the labor market and social policy in the country have been identified, including digitalization, changes in employment patterns, and increased social protection.

Thus, it can be convincingly stated that changes to the Labor Code have responded to the challenges of the pandemic, ensuring the adaptation of labor relations to new conditions and laying the foundations for the sustainable development of the labor market and social policy in the future. 

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