Presidential decree #242 of April 23 proclaims May 4 – 7 to be “Non – Working Days” (not to be confused with “Holidays”). Briefly stated, this distinction enables employers to require specified employees to come to work without paying additional compensation (whereas requiring employees to work during holidays is subject to 2X typical salary).
If an employer determines that various employees are needed to work during this period for the functioning of the organization, the General Director may issue an Order to this effect. In this instance, the consent of employees is not required but it is necessary that the employees signify their understanding of the General Director’s order by signature. It is worth noting that the recommendations of the Ministry of Labor provide no indication of how to additionally motivate those selected employees to come work while many of their coworkers do not.
If a company chooses to completely stop all activity during this period, we recommend that the General Director issue an Order specifying these days as non-working days securing the preservation of wages on these days. For those employees whose vacation falls during this period, nothing has changed as, again, these days are not holidays and Article 120 of the Labor Code of the Russian Federation does not apply.
Emerging Markets Group's labor law experts will be glad to assist with the preparation of labor documents related to the observance of the non-working days regime.