The Ministry of Labor clarified the Presidential Decree

27.03.2020

On March 25, 2020, the President of Russia signed a decree introducing emergency measures to combat the epidemic of coronavirus. All weekdays of the following week - from March 30 to April 3 - were declared «non-working», but with salaries maintained.

On March 26, 2020, the Ministry of Labor clarified the Presidential Decree. The key takeaways are:

1. Importantly, «non-working days» were not equated to weekends or non-working holidays, therefore, the employee remuneration should made in usual rather than doubled amount.

2. The employees of the following type of organizations are exempt from «non-working days requirement»:

- medical and pharmacy organizations, as well as organization providing continuity of their production and technological process, social service organizations;

- continuously operating organizations, where suspension of production and technological activities is impossible; organizations in the field of energy, heat supply, water treatment and sanitation; organizations operating hazardous production facilities or in respect of which there is a permanent industrial safety control  by the state; organizations operating hydraulic facilities; nuclear industry organizations; construction organizations, where suspension of activities will endanger the safety, health and life of people; agricultural organizations engaged in spring field works;

- organizations providing the population with food and essential goods; organizations that, in order to provide the population with food and essential goods, provide storage services, transport and logistics services; trade organizations;

- organizations providing work and service in emergency situations or situation that can jeopardize the life and normal living conditions of the population, including enterprises producing personal protective equipment, disinfectants, medicines, medical devices, thermal imager, non-contact thermometers and air disinfection devices, as well as enterprises producing materials, raw materials and components necessary for their production; organizations whose activities are related to protecting public health and preventing the spread of new coronavirus infection; organizations in the field of waste management; organizations providing housing and communal services to the population; organizations providing supply of oil products; organizations providing financial services with regards to key operations; organizations providing transport services to the population; organizations carrying out emergency repair and handling operations;

- The Pension Fund of the Russian Federation and its territorial bodies providing the payment of pensions, as well as other social payments to citizens;

- The Social Insurance Fund of the Russian Federation and its territorial bodies, which provide payment of compulsory insurance for temporary incapacity of workers in case of motherhood, industrial accident or occupational disease;

- The Federal Compulsory Medical Insurance Fund and the territorial compulsory medical insurance funds, which ensure payments to medical organizations for the medical care provided.

3. Employees of above listed organizations should follow the relevant methodological recommendations on the prevention of new coronavirus infection issued by the Russian Ministry of Health and Rospotrebnadzor. In addition, such employees can work remotely, subject to the agreement with the employer, if the job responsibilities and organizational and technical working conditions allow this.

4. The heads of federal, regional and local state bodies as well as the heads of organizations engaged in the production and release of mass media, independently determine the number of employees who will ensure the functionality of these organizations, including the possibility to work remotely.

5. Heads of organizations that fall under the Presidential Decree are required to ensure the legislation compliance in the field of anti-terrorism security, industrial and transport safety, as well as other mandatory requirements, norms and rules.

In addition, the following explanations are provided by the Ministry of Labour:

1. «Non-working days» in March and April 2020 should not be regarded as a basis for employee wage reduction. Workers hired on a piece-work basis for the specified «non-working days», are paid the appropriate remuneration, determined by the local regulatory act of the employer. Amounts of expenses for these purposes are accounted for as labor costs in full.

2. If the employee is on vacation, then «non-working days» from March 30 to April 3, 2020 are not included in the number of vacation days, while the vacation length is not extended by the respective number of days.

3. Issues related to the termination of work of employees working on a rotational basis, which are covered by the Decree, shall be decided by agreement of between the employee and employer.

Regarding the work of banks.

The Bank of Russia recommended that credit organizations from March 30 to April 3, 2020 carry out current activities in a mode similar to the work of a credit organization on New Year's holidays, and if necessary, determine the list of duty branches, information on which should be posted on the official website of the credit organization. The regulator emphasized that the issue of salary payments to companies and other socially significant transactions should not stop. . 

Sberbank of Russia announced that its branches will work on a special schedule. 

Regarding the work of tax services. 

In order to ensure the safety of citizens and prevent the spread of the coronavirus COVID-19, temporarily, until further notice, taxpayers will be serviced by tax inspections and their units only by prior appointment