Mayor’s Decree to transfer 30% of employees to remote work

On 25 June 2021 the Mayor of Moscow issued a Decree restoring some of the previously cancelled measures (No. 38-UM, hereinafter, the “Decree”). In accordance with the Decree starting from 28 June 2021 all employers operating in Moscow must take the following actions:

1. Ensure the transfer of employees (civil contractors) to remote work:

  • over 65 years old or having diseases/conditions stated in the list approved by the Department of Health of Moscow;
  • at least 30% of the total number of employees (including the mentioned above category).

At the same time the Decree clarifies that:

  • 30% is determined among the unvaccinated employees. Employees are considered vaccinated if the following criteria are met: (1) the second component of vaccine or a single-component vaccine is obtained, (2) the vaccine is registered in the Russian Federation and (3) the information on vaccination is available in UMIAS (Unified Medical Information Analysis System) or USHIS (Uniform State Health Information System);
  • the requirement to transfer employees to remote work does not extend to the cases where the presence of the employee at the working place is critical for ensuring stable operation of a company or an individual entrepreneur.

We believe, the latter refers to temporary transfer of employees to remote work by the employer’s initiative in exceptional cases (article 312.9 of the Labour Code of the Russian Federation). Thus, in order to formalise this decision the employer should issue an internal regulation to reflect the basis for transferring to remote work, the list of employees transferred to remote work, the terms of such transfer, etc. In this case, it is not obligatory to obtain the employee's consent in order to perform the transfer to remote work.

2. Set the number of employees (civil contractors) that:

  • should be transferred to remote work;
  • cannot be transferred to remote work due to their direct participation in ensuring continuous technological/ or other processes necessary for operation of such companies and individual entrepreneurs.

3. Take measures aimed at minimising the full-time presence of employees (civil contractors) in the workplace

We believe, to meet this requirement employers may expand the percentage of employees subject to transfer to remote work, or, in addition, introduce periodical remote work for other categories of employees, with visits to the office only where necessary.

Currently there is no requirement to report on the measures taken.

Mazars’ legal team is ready to advise in more detail and to assist in drafting the required documents.

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