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On March 26 and 27, 2020, the Ministry of Labour issued guidelines on the application of the Decree of the President of the Russian Federation which declared the period from March 30 to April 3, 2020 as non-working days with full pay. Moreover, on April 2, 2020, the Ministry published additional clarifications on compliance with non-working days.
The Ministry confirmed that paid “non-working” days are neither days-off nor public holidays within the meaning of the Labour Code. As a result, salary during these days in ensured, however, only at the regular level and not in the increased amount, which is the case for days-off and holidays. Furthermore, it was clarified that if an employee is on vacation during the non-working days, then the vacation is not extended on these days. The guidelines also include a more detailed description of the organizations exempted from the scope of the Decree.
The Press Secretary for the President of Russia stressed that the purpose of the non-working week was to minimize contact between people rather than to declare national holidays or days-off and making all organizations halt their activities. In the context of the above, the Ministry additionally explained that employees working remotely have the right to continue doing so during non-working days based on the agreement with employer. At the same time, compliance with the requirements of the Ministry of Health of Russia and Rospotrebnadzor for the prevention of new coronavirus infection is mandatory. During the period of the Decree, amendments regarding transition to the remote work regime can be made by exchanging electronic documents with, if necessary, their subsequent execution in the prescribed manner.
It appears that guidelines and clarifications of the Ministry of Labour regarding non-working week should also apply to recently declared non-working period until the end of April.
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This document reflects the status as of April 6, 2020.
This document is for informational purposes only and may not be considered a legal opinion or advice.