Some newsworthy labor cases

Bonus reduction for mess on a workplace

An employee could be disciplined by cutting bonuses for a failure to maintain workplace cleanliness. Such measure is especially applicable for employees working in clients’ visible spaces (retail and services consultants and workers, etc.).

  1. the obligation must be stipulated in the company’s internal regulations (e.g., corporate code of conduct, job description or employment contract);
  2. it should be clearly stated that the bonus payment or its amount depends on the fulfilment of such obligation;
  3. employees should be duly informed in advance on the rule.

Ruling of the 9th Cassation Court of General Jurisdiction dated 03.08.2023 No. 88-7163/2023

Employer is entitled to refuse of sending employment related documents by e-mail to an employee

An employer is obliged to hand over paper documents upon employee’s official request, but not by e-mail, unless there is an EDI (electronic document interchange).

NB: not applicable to remote employees.

Ruling of the 7th Cassation Court of General Jurisdiction dated 04.07.2023 in case No. 88-11370/2023

Employment without military registration documents is not a violation

One may hire an employee without military registration documents and will not be in breach of law if:
  1. it is proved that such documents had been requested;
  2. and the Military Registration and Enlistment Office had been notified within 2 weeks.

NB: the latest draft law set forces new fines for employers hiring a person without miliary registration documents. The highest fine for officials is up to 20.000 rubles, for companies – up to 100.000 rubles.

Letter of the Ministry of Labor of the Russian Federation dated 14.08.2023 No. 14-6/V-960

Information on disciplinary punishment is non-public

Information on disciplinary punishment shall not be disclosed neither internally (e.g., at meetings, by e-mails) nor externally (e.g., in a reference letter) without an employee’s consent. Such actions might damage a person’s reputation and result in damages and moral harm compensation claims.

Only employee’s supervisors, HR and accounting departments may be informed of an employee’s liability insofar as it relates to their job duties (e.g., for payroll and document processing).

NB: risk of fines for unlawful spread of personal data (the highest fine for officials is up to 20.000 rubles, for companies – up to 100.000 rubles).

Ruling of the Constitutional Court of the Russian Federation dated 21.07.2023 No. 44-P