How quarantine will affect earnings and is it possible to postpone vacation: on the rights of workers during an epidemic
Work And Study / / January 07, 2021
Can I be forced to take a vacation at my own expense if I was abroad?
If you have returned from another country, you mustResolution of the Chief State Sanitary Doctor of the Russian Federation of March 18, 2020 No. No. 7 "On ensuring isolation in order to prevent the spread of COVID-2019" isolate from society for 14 days. In this case, you must independently report your arrival from abroad by calling the hotline in your region or, if you feel unwell, immediately call an ambulance. You will be discharged from sick leave for the entire period of isolation - and paid for it. All costs of the company are compensated forFederal Law of December 29, 2006 No. 255-FZ from the Social Security Fund.
On the other hand, it is the employer's responsibility to ensure that you are isolated. The Federation of Independent Trade Unions of Russia allowsFNPR informsthat this can be done at the expense of vacation - paid or unpaid. But for this it is necessary to adopt a local normative act, and not just to press and threaten.
In any case, it is in your best interest not to hide from health workers and get sick leave from them.
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What if I don't want to isolate myself and will work?
Not that you have a choice. If you did not crawl the border on a site in a dense forest, but crossed it in a specially equipped place, information about this is in the databases. So, when it turns out that you did not isolate yourself, you can be brought to administrative responsibility.Administrative Code of the Russian Federation Article 19.4.
A citizen can be punished with a warning or a fine of 500–1,000 rubles, his employer - a fine of 2–4 thousand rubles.
Pavel Kokorev, Leading Lawyer of the European Legal Service
Can I be transferred to a remote location by force?
Transfer employees to remote the mode of operation is a fairly frequent recommendation, including from government agencies and officials. For example, the employers of the capital asked about thisCoronavirus. Work from home Moscow Mayor Sergei Sobyanin. But while you cannot force you to go to a remote location, you can only be offered. And your right is to refuse or agree. But everything will change if the emergency mode is introduced.
Pavel Kokorev, Leading Lawyer of the European Legal ServiceIn this case, employees can be transferred to remote work without their consent for up to oneLabor Code of the Russian Federation Article 72.2. Temporary transfer to another job months. The employer's decision will be enough.
Labor contract it is not terminated. But the transfer to a remote location must be formalized by an additional agreement to this document. The agreement must state:
- how the format of work changes (for remote), for how long, what kind of work and rest will you have;
- how much you will receive (if the amount of work has not decreased, the salary should remain the same);
- how you will exchange documentation;
- whether you are required to be provided with working tools and how this will happen;
- whether there is compensation for the fact that you will use your Internet, electricity, and to what extent;
- how the employer will monitor the performance of work duties.
The employer is silent. Can I ask for a remote location myself?
Yes, you can make a free-form application. The Federation of Independent Trade Unions of Russia advisesTrade union guidelines for workers in relation to the coronavirus use as an argument not only the coronavirus, but also other circumstances. For example, your child's kindergarten has been quarantined and you cannot leave him alone at home.
At the same time, the manager is not obliged to agree to your terms.
But the child still has no one to leave with. If I don't show up for work, will I be fired for absenteeism?
Dismissals for absenteeism can be avoided if the reason is valid. Unfortunately, there is no clear list of compelling excuses, options are possible here. For example, one man was fired for not showing up for work. He did not come because his wife was hospitalized and there was no one to leave the child with. The court found the reason validInformation on case No. 33-32651 / 2019. However, this is a force majeure situation. If you walk two weeks, especially when you were warned about the quarantine in advance, it will look different.
On the other hand, if you did not show up for work because you were unable to return to the country on time due to canceled flights and border closures, your chances of success are high.
My job doesn't allow me to work remotely. Can I be left without a salary?
No. If you are unable to work due to the threat of the coronavirus, downtime is not your fault - but it is not your employer's fault either. In this case, the lawLabor Code of the Russian Federation Article 157. Downtime payment orders you to pay at least 2/3 of your salary or wage rate.
What about the vacation? You won't be able to go on vacation now, can I reschedule it?
If the schedule vacations agreed, the employer is not obliged to meet you halfway and change the dates of your vacation. So it all depends on your relationship with management.
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