Termination

Employers are not obliged to provide a reference, even if the employee asks for one …

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The Labour Code permits a contract of employment to be terminated at any time by an employee upon giving two weeks’ written notice …

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Termination by agreement between employer and employee may be effected at any time …

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If a contract is for a fixed term of employment, it will automatically terminate at the end of that period, but a written notice of termination still needs to be given to the employee three calendar days before the expiration of the contract …

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Under the Russian Labour Code, the following minimum notice periods must be observed by the employer: three days’ notice for termination of a fixed-term employment contract because its term is expiring (if the employer does not notify the employee in a timely way and the latter continues to work, he or she is considered to be working under a permanent employment contract) three days’ notice for termination of the employment contract during a trial period (both on the employer’s or employee’s initiative)  two months’ notice for liquidation of the organisation or for redundancies …

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NB: 2022 decree: Those employees who have been mobilized for military service shall not have their employment contracts cancelled and an employer must continue to treat them as being fully entitled to be paid …

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Termination of an employee on health grounds or for lack of qualifications may not take place unless the employer has first made an objective assessment of their suitability and competence …

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A failure on the part of an employer to comply with all statutory requirements during a termination may give rise to a claim for wrongful dismissal …

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Unilateral termination of employment by the employer will only be legitimate if based on justifiable grounds and conducted under the procedures set out in the Labour Code …

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Where an employer terminates an employment agreement due to the company’s liquidation or due to redundancy, the employer must give the employee two months notice …

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◉ Individual redundancy An employer is entitled to determine, at its own discretion, whether to reduce its workforce, thus giving rise to redundancies …

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