In accordance with the immigration laws of the Russian Federation companies must notify, on a quarterly basis, the Ministry of Internal Affairs of execution of an obligation to pay salaries of Highly Qualified Specialists, indicating the amount of salary paid for the previous quarter.
Notifications for the first quarter of 2020 should be completed until April 30, 2020.
Notifications may be submitted directly to the Ministry of Internal Affairs or sent by registered mail via Russian Post Service.
In connection with the measures taken by the Russian Federation to counteract the spread of COVID-19 virus infection, some days in April 2020 have been declared non-working. Therefore, government agencies and post offices business hours are different from the usual, which shall be taken into account when planning the notification procedure.
Given the uncertainty surrounding the quarantine regime, we recommend that companies proceed to submit notifications in the upcoming business days.
The governments of different countries have taken measures in connection with the threat of infection with Coronavirus. Such measures may affect the ability to fulfill obligations under commercial agreements both by your company and by your counterparties with respect to your company. So, for example, measures associated with the closure of enterprises, factories, may affect the ability to purchase and supply certain goods. Measures in connection with the transfer of employees to quarantine can slow down or suspend business processes.
The possibility of using force majeure circumstances (Article 401 of the Civil Code of Russia) or other legal instruments (Articles 416, 417, 451 of the Civil Code of Russia) in order to fully or partially refuse to fulfill obligations under a commercial contract should be assessed from the point of view of applicability to each specific obligation.
In other words, Coronavirus is not an automatic reason for terminating the contract. Otherwise, the company may receive a lawsuit in the future to recover damages.
Lawyers of WatersOAG will conduct a legal assessment of the contracts and the nature of the obligations, as well as specific circumstances that can or cannot be used as the basis for a complete or partial refusal to fulfill obligations in your case.
How can we help:
- Assessment of commercial contracts and substance of obligations.
- Assessment of the possibility of using Coronavirus as a circumstance for a complete or partial refusal to fulfill obligations (due to Articles 403, 416, 417 or 451 of the Civil Code of the Russian Federation) under the contract.
- Preparation of a notice to counterparties on a complete or partial refusal to execute contracts in connection with Coronavirus.
- Assessment of risks of refusal to execute contracts.
- Legal assessment of positions of counterparties that violate the fulfillment of obligations referring to Coronavirus.
This post is being translated now and will be uplocaded soon. To read in Russian please follow the link below. Thank you for visiting WatersOAG.
Companies are concerned about possible safety of their employees when doing business under the threat of coronavirus infection.
WatersOAG provides legal advice on the following matters:
- Employees’ remote work organization
- Time off, temporary disability granting and calculation
- Business trips (including to epidemically disadvantaged countries) organization
- Idle time at work implementation
- Remuneration policies evaluation and adaptation
- Assessment of the legal consequences of certain actions of employers or employees in the face of the threat of coronavirus infection.
In case of questions on this subject, please contact WatersOAG through Mr. Eugene Shemakhansky +7.495.989.22.79 ext. 322.
This post is being translated now and will be uploaded soon. To read in Russian please follow the link below.
Thank you for visiting WatersOAG!
WatersOAG lawyers successfully defended a company in the Preobrazhensky District Court of Moscow in a dispute with a former employee who filed a lawsuit for reinstatement, recovery of salary for forced absence, emotional damages, and legal expenses. The amount of claim exceeded 1 million rubles.
The court examined the case materials prepared by the WatersOAG team. As a result, the court ruled that the dismissal was lawful and there was no violation of the employee’s labor rights. The court ruling in favor of the WatersOAG client denied the claim in full.
WatersOAG thanks participants of the round table held on February 28, 2020. Round table was devoted to 2020 important updates in Russian labor law, including legal aspects of digitization in employment relations.
On January 24, 2020, WatersOAG held a live Instagram broadcast on the topic “Electronic Workbooks 2020”. Labor law lawyer – Mr. Anton Listov answered participants’ questions related to the transition to electronic workbooks and gave recommendations on ensuring a set of measures to meet the new requirements of the law in Russia.
WatersOAG thanks participants of the round table held on August 16, 2019!
On June 7, 2019, WatersOAG lawyers took part in American Chamber of Commerce in Russia HR Committee meeting. Heads of HR departments of various Russian and international companies discussed issues related to confidentiality of business correspondence and legislative obstacles (in Russia) to the automation of HR processes.