Barabashev & partners

Review of news on labor law.

Date: 11-11-2020
Court upheld dismissal of employee on his last day of probation period which fell on his day off.

Employee challenged his dismissal for failing during probation period. Among other things, he referred to the fact that he had a shift working schedule and employment contract was terminated on his day off.

Court of cassation saw no violations. The law does not prohibit dismissal of an employee on his/her day off if probation period expires on that day. Days off of an employee and organization itself may not coincide. Nothing prevented an employer from terminating employment contract on the last day of his probation period.

Judicial practice: Decision of the First General Jurisdiction Court of Cassation dated 09.21.2020 for case N 88-18936/2020

Employer has to offer its employees transfer to part-time jobs during downsizing.

Decision of the Second General Jurisdiction Court of Cassation dated July 23, 2020 N 88-11740/2020 determined that employer has to offer its employees transfer to part-time jobs during downsizing.

During downsizing of organization it had part-time job openings and a new employee was hired to fill one of them at that time. The employee was not offered them until she was fired. She appealed to court.

The dispute reached cassation instance. She pointed out that part-time rates are considered job openings and should be offered upon job displacement. Employer did not comply and did not prove that the employee's qualifications were not suitable for transfer to these positions.

Employee can be dismissed for failure to undergo medical examination.

Employee of a medical organization was sent for an extraordinary psychiatric examination to determine his fitness for work by his employer. Employee did not fulfill this requirement and was given a warning. When employee refused to go to the doctor for the second time, he was reprimanded. The third time he was fired for repeated failure to fulfill his duties. Employee challenged the organization's actions.

Courts including court of appeal sided with the employer. The employee belonged to those obliged to undergo a medical examination1. He did not fulfill the requirements of the organization, which means he violated labor discipline. The dismissal is legal.

We monitor changes in legislation on a daily basis and provide our clients with proven ways to resolve issues within the legal framework of Russian Federation.

If you should have any further questions, please contact our specialists.
1 Art. 213 of the Labor Code of the Russian Federation. Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions as well as some other employers undergo these medical examinations in order to protect public health, prevent occurrence and spread of diseases.

Judicial practice:
Decision of the Ninth General Jurisdiction Court of Cassation dated 09.24.2020 N 88-6775/2020
Decision of the First General Jurisdiction Court of Cassation dated January 20, 2020 for case No. 88-1207/2020
��������� � ��

All services

BBNP profile.