How Have The Courts In Russia Approached Remote Work Disputes?

• Published date: 23 July 2021
• Subject Matter: Employment and HR, Unfair/ Wrongful Dismissal, Employee Benefits & Compensation
• Law Firm: lus Laboris
• Author: Ms Irina Anyukhina (Alrud)

Widespread remote work as a result of the COVID-19 pandemic has led to new types of employment-related disputes. This round up of recent case law explores how some common issues relating to remote work have been treated by the courts in Russia over the past year.

Failure to formalise remote work

An employer's failure to formalise remote work in writing is misconduct, if an employee de-facto performs job duties remotely.

The facts

The employee was dismissed due to absenteeism. She did not agree with the dismissal and filed a claim with the court. The claim was supported by the fact that she de facto performed job duties remotely and communicated with the employer via phone and email.

The decision

The first level court rejected the employee's claim since the employment agreement did not contain the conditions on remote work.

The court of appeal disagreed, noting that the employer's failure to formalise remote work, in writing, does not indicate that the parties have not agreed on remote work, and cannot entail adverse consequences for the employee. The court also indicated that the employee had worked remotely for a long time, the employer calculated and paid her salary, which, taken together, means that the employer tacitly agreed on the existing working conditions.

Source: Appeal ruling of the Moscow City Court, dated 18 November 2020 in case No. 33-416582/2020

Fairness and proportionality

An employer must be guided by the principles of fairness and proportionality when disciplining an employee.

The facts

The employee's immediate supervisor agreed, via WhatsApp, that the employee could work remotely that day, due to being unwell. Subsequently, the employee was dismissed due to absenteeism. The employee challenged the dismissal in the court, claiming that the employer had agreed on remote work, and during the day the employee had properly completed work assignments. In addition, an extract from the employee's medical record confirms that, on that day, the employee attended a clinic with medical complaints.

The decision

The first level court recognised that the employee's dismissal, due to absenteeism, was lawful. The court of second level disagreed with this position and stated that the employee was absent, without an excuse, since he did not submit a medical disability certificate. However, considering that he had agreed remote working with his immediate supervisor and completed work assignments, the court came to the conclusion that the employer did not...