Employment Law in Russia: FAQ
Russian employment relations are governed by the Labour Code of the Russian Federation, and it protects the employee far more than most US state laws do. There is no at-will employment: an employer may dismiss only on grounds listed in the Code and must follow a set procedure. Attorney Elena Petrova answers the questions foreign employees and employers ask most often.
Written Contracts and Probation
Is a written employment contract required?
Yes. The contract is signed in two copies within three working days after the employee actually starts work. Work without paperwork still counts as employment if the person was admitted to work with the employer's knowledge.
Can a fixed-term contract be used freely?
No. A fixed term is allowed only in cases named in the Code. A court may reclassify a series of short contracts as indefinite employment.
How long can probation last?
Usually up to three months, and up to six months for managers and chief accountants. The probation clause must be in the contract itself.
Grounds and Procedure for Dismissal
Can an employer fire someone without a reason?
No. Each dismissal needs a statutory ground: agreement of the parties, the employee's resignation, redundancy, repeated disciplinary breaches and several others.
What does redundancy require?
Written notice at least two months ahead, an offer of vacant positions the person can fill, and severance pay. Missing any step can make the dismissal unlawful.
How does an employee resign?
By written notice two weeks in advance, unless the parties agree on a shorter period.
Money Owed on Termination
What must be paid on the last day?
All unpaid salary and compensation for unused annual leave. In redundancy cases, severance of one average monthly salary is added.
What if payment is late?
The employer owes interest for each day of delay under the Labour Code. The employee can also claim compensation for moral harm.
Deadlines That Decide the Case
| Claim | Time limit to go to court |
|---|---|
| Reinstatement after dismissal | One month from receiving the dismissal order or work book |
| Unpaid wages and other payments | One year from the due date |
| Other individual disputes | Three months from learning of the breach |
Can a missed deadline be restored?
Only for a valid reason, such as serious illness. The court decides on a motion supported by evidence.
Courts and Labour Inspection
Where are employment disputes heard?
In district courts of general jurisdiction. An employee may file at the employer's location or at their own place of residence and pays no state duty.
Is the labour inspectorate an alternative?
The State Labour Inspectorate can inspect the employer and issue binding orders. It does not reinstate employees or award damages; that remains for the court.
Foreign Nationals in Russian Workplaces
Do foreigners have the same rights?
Largely yes, with extra rules. The employer needs to handle work permits or patents and notify migration authorities. Losing the permit is a separate ground for termination.
Can a Russian contract be governed by foreign law?
Work performed in Russia is generally subject to Russian labour law, whatever the contract says.
Remote Help From California
Can the attorney act without the client travelling to Russia?
Yes, under a notarised power of attorney with an apostille. We review the contract and dismissal papers, calculate claims and deadlines, and represent the client in court.
What should I send for a first review?
The employment contract with all amendments, the dismissal order, pay slips and any correspondence with HR. Scans are enough at this stage.
The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.