Transfer of an Employee to Another Employer in 2022

On April 4, 2022, the Decree of the Russian Government No. 511 “On the Specifics of the Legal Regulation of Employment Relations and other Directly Connected Relations in 2022” (“Decree”) came into force.

The main purpose of the Decree is to support those citizens who risk losing their income and place of work due to the suspension of activities of their employer company.

Under the Decree, such employees can be temporarily transferred to work with other employer in the following order:

  1. The employer notifies the employment center on the suspension of its production (work);
  2. The employment center, if there is a need for employees of the appropriate profile from other employers1: (1) sends the employee an offer for temporary transfer to another employer, indicating the position (profession, specialty), conditions of remuneration, working conditions at the workplace, other conditions; and (2) notifies the employer of sending such an offer to the employee;
  3. If the employee says yes to the received offer, he/she can conclude a new fixed-term employment contract with another employer with the possibility of extension till no later than December 31, 20222.

After these actions are carried out, the employee’s main employment contract will be suspended, but its validity period will not be interrupted. Thus, after the termination or expiration of the new fixed-term employment contract, the employee will be able to return to his/her original place of work, and the original employment contract will resume its full effect.

Thus, the Decree provides for special conditions for the transfer of employees to work with another employer in 2022. Whereas, according to the general rule (Article 72.1 of the Labor Code, paragraph 5 of Part 1 of Article 77 of the Labor Code), the employment contract at the original place of work is terminated when transferring to another employer, in cases of temporary suspension of production (work) in 2022 it is possible to temporary transfer an employee to another employer without termination of the original employment contract.

The Decree is valid until the end of 2022.

1These can be employers both in the same or in another locality
2To extend the fixed-term contract in this case, the consent of the original employer will be additionally required