IMPACT OF PARTIAL MOBILIZATION LABOR RELATIONS

ABSTRACT

This article will examine in detail the role of mobilization in labour relations. This topic is of particular relevance today, as mobilization measures have affected the system of labor relations and have had a direct impact on the system as a whole.

Keywords: pension, mobilization, labor relations, employer, labor code, federal law.

On September 21, 2022, Presidential Decree No. 647 of 21.09.2022 "On the Announcement of Partial Mobilization in the Russian Federation" announced partial mobilization of 300 thousand people.

There were no special rules or norms that could regulate the topic of labor relations at the time of the decree. This could be the reason why employers were guided by the Labor Code, namely its general provisions and the laws on military service and mobilization.

Paragraph 1 of part 1 of Article 83 of the Labor Code of the Russian Federation provides that when an employee is called up for military service, the employment contract is terminated due to circumstances beyond the control of the parties. And as stated in paragraph 1 of Article 17 of the Federal Law of 26.02.97 № 31 FZ "On mobilization preparation and mobilization in the Russian Federation", military service on mobilization is carried out by the military. military service on mobilization is carried out precisely by conscription.

The norms of the decree, which were in force at the time of its issuance, prescribed the following points for employers. Firstly, in case of mobilization of an employee (conscription of reserve military men of several ages for active military service), it was necessary to take measures to terminate the employment contract on the basis of paragraph 1 of part 1 of Article 83 of the Labor Code of the Russian Federation. Secondly, such employees should be paid severance pay in the amount of two weeks' average earnings, as well as compensation for all unused vacation.

If the employee provided a summons stating that he had to visit a military enlistment office "to clarify his records", "on matters of registration", "to undergo a medical examination", "to receive a mobilization order", "to carry out measures to ensure the fulfillment of military duty", the employer had no right to dismiss him. Similarly, the employer had to act if the employee presented a mobilization order, which obliged him to come to the commissariat after the announcement of mobilization.

Almost immediately after the announcement of mobilization, the authorities faced the issue of the need to preserve jobs for the mobilized. On September 23, on the portal for publication of legal acts appeared the text of the RF Government Resolution No. 1677 of 22.09.22 "On Amendments to the Peculiarities of Legal Regulation of Labor Relations and Other Directly Related Relations in 2022 and 2023".  This document amends the previously issued Resolution of the Government of the Russian Federation No. 511 of March 30, 2022 "On Peculiarities of Legal Regulation of Labor Relations and Other Directly Related Relations in 2022 and 2023" (as amended and supplemented).

Due to these adjustments, the labor contract, which is being concluded, is suspended, not terminated. It is also written that the dismissal of these employees is not carried out and is inadmissible.

Thus, it is now impossible to dismiss a mobilized employee on the basis of paragraph 1 of part 1 of article 83 of the Labour Code of the Russian Federation. The employment contract with him or her remains in force for the entire period of mobilization.

Employers began to wonder what is a suspension of a contract? Decree No. 1677 does not define the term "suspension" in relation to an employment contract with a mobilized person. Suspension of a contract with a person called up for military service upon mobilization means that for the period of military service the rights and obligations of the parties to the contract are frozen. The employee does not have to perform labor duties, and the employer does not have to pay wages and provide working conditions. The employer is not obliged to pay severance pay and retain average earnings. However, the employment contract is considered to be in force. Therefore, the employer's obligations as an insurer and payer of insurance premiums due to this fact are retained. Consequently, it still submits reports to the PFR, the FSS and the tax authorities in respect of mobilized employees.

Thus, having considered this situation in more detail, we can conclude that the amendments to the Labor Code of the Russian Federation enshrine additional guarantees for the most vulnerable categories of citizens. Important guarantees are the preservation of the workplace, position and suspension of the labor contract with the employee. Undoubtedly, employers had to adjust to the changes on an emergency basis, but in the current realities this is one of the important skills of a company manager.

​References:

1. Трудовой кодекс Российской Федерации" от 30.12.2001 N 197-ФЗ (ред. от 04.11.2022) // СПС «КонсультантПлюс»
2. Федеральный закон "О мобилизационной подготовке и мобилизации в Российской Федерации" от 26.02.1997 N 31-ФЗ (последняя редакция) // СПС «КонсультантПлюс»
3. Постановление Правительства РФ от 22.09.2022 N 1677 "О внесении изменений в особенности правового регулирования трудовых отношений и иных непосредственно связанных с ними отношений в 2022 и 2023 годах"// СПС «КонсультантПлюс»