Examples
Examples and cases
Employment disputes are rarely unique: the same stories repeat across industries and cities. Below are common situations and the first steps in each of them. The answers will not settle a dispute for you, but they help you see which rule to rely on and which document to prepare.
First gather your documents and write down the facts, then talk to your employer. A calm written question often settles the matter without conflict.
Each situation here is a hypothetical example made up for illustration: there is no real case or real person behind it. The answers describe the general rules of the Russian Labour Code; a lawyer or the labour inspectorate can assess your case from your documents. Rules differ in other countries: check your own law or ask a local adviser.
Situations
Common stories and where to start in each of them.
I started work, but the contract was never signed
The employer must put the employment contract in writing within three working days of the day you were actually admitted to work (Article 67 of the Russian Labour Code). Remind them of this in writing and ask for your copy. Meanwhile, keep everything that proves you worked: your pass, work messages, schedules, tasks. If the paperwork drags on, you can contact the labour inspectorate.
My probation was extended verbally
The probation clause is stated in the employment contract, and its length is limited: not more than three months, or not more than six months for heads of organisations, their deputies and chief accountants (Article 70 of the Russian Labour Code). A spoken "we'll extend your probation" does not by itself change the contract. Reread your copy and ask in writing on what basis the period is being extended.
My salary is paid once a month
Under Article 136 of the Russian Labour Code, salary is paid at least every half month. Paying the whole salary once a month does not meet this rule. Ask your employer in writing how payments are scheduled and compare this with your payslips; if there is no answer, contact the labour inspectorate.
My leave is being moved without my consent
Leave dates are usually set by the schedule, and moving them is normally discussed with the employee and recorded in writing. Ask in writing why your leave is being moved and suggest agreeing new dates. The leave itself is yours by law: annual basic paid leave is 28 calendar days (Article 115 of the Russian Labour Code).
I was not paid my final settlement
All amounts due to the employee must be paid on the day of dismissal (Article 140 of the Russian Labour Code). Ask for the payslip for the last period to see what was calculated. Send your employer a written demand for payment and keep a copy. If the money still has not arrived, the next step is the labour inspectorate or the court.
I am offered a service contract instead of employment
Compare what is expected of you. If they need a specific result and you decide how and when to deliver it, that looks like a service contract. If you will work to a schedule, report to a manager and do the work of a position, those are signs of employment. Bear in mind that the guarantees of the Labour Code do not apply under a service contract: paid leave, dismissal rules, pay deadlines. Discuss a borderline case with a lawyer.
See also
- Guides
Checklists for employees: preparing for an interview, the first month and probation, annual leave, resigning of your own accord and warning signs when hiring.
- Documents
The papers that matter to an employee: the contract, the hiring order, the payslip, written requests and records of employment, and why to keep copies.
- FAQ
Short answers to common questions before hiring, while in work and when resigning of your own accord.
Sources
- Labour Code of the Russian Federation, Articles 67, 70, 115, 136, 140
- Russian Federal Service for Labour and Employment (Rostrud), general guidance
These materials are based on the Labour Code of the Russian Federation and describe Russian law only. Labour rules change from time to time, so check each article against the current version on the official legal information portal. Rules differ in other countries: check your own law or ask a local adviser, and in a real dispute with an employer contact a lawyer or the labour inspectorate.