The Ministry of Labor named eight criteria for determining the substitution of labor relations

The Russian Ministry of Labor has proposed to expand the definition of labor relations and to fix eight additional features in the Labor Code of the Russian Federation. This was announced by RBC on April 17, citing sources.

According to the explanatory note, the problem of employers avoiding proper registration of an employment relationship remains urgent at present.

It is noted that the list will be supplemented with such characteristics as the stable and stable nature of relations, subordination and dependence of labor, the availability of additional guarantees to the employee established by the Labor Code and other legal acts and the fulfillment of duties in accordance with the instructions of the employer, integration into the organized structure of the employer, as well as the recognition of the employee's rights to weekly days off and annual leave.

At the same time, the Ministry of Labor suggests paying attention to the employer's payment of expenses related to employee travel in order to fulfill duties, making periodic payments as the sole or main source of income, and providing the employer with tools, materials, and mechanisms. It is noted that "other signs characteristic of labor relations" may also be introduced.

It is expected that these signs will help to distinguish labor and civil law relations more clearly in order to avoid mixing them or excluding controversial situations. Among other things, the law proposes to empower Rostrud, according to which the right to apply to the court for recognition of an employment relationship will be provided. The Ministry of Labor called this the key idea of the bill.

Please explain: Russians complain about delayed salaries

Experts talked about ways to deal with employers

On April 11, it became known that Anton Orlov, director of the Institute for the Study of Modern Politics (IIPSP), appealed to Anton Kotyakov, Minister of Labor and Social Protection of the Russian Federation, with a request to assess the possibility of prohibiting employers from conducting clean-up days with the mandatory participation of employees.