Amendments to the Labor Code of the Russian Federation came into force on March 1, 2025, tightening the rules for compensating for unused time off upon dismissal and providing days off for working on weekends. Acsour experts reviewed the innovations, possible fines, and consequences for employers.
Compensation for unused time off upon dismissal
The employer is obliged to pay compensation for all unused "time off" regardless of the reason for dismissal: this innovation came into force on March 1, 2025.
According to Part 6 of Article 153 of the Labor Code of the Russian Federation, from March 1, 2025, if an employee chose time off instead of double pay for work on a day off and did not have time to use this day off, he will be entitled to additional payment upon dismissal. The new rule applies to all time off accrued during the period of work in the company.
Acsour experts note that violation of the Labor Code of the Russian Federation in terms of compensation for unused time off upon dismissal entails fines for employers.
Violation of this rule is considered as incomplete payment of amounts due to the employee, for which the company faces a fine of up to 100,000 rubles, and the manager — up to 20,000 rubles. (Part 6 of Article 5.27 of the Code of Administrative Offences). In addition, the employee will have to pay interest for the delay in payment of amounts due in accordance with Article 236 of the Labor Code of the Russian Federation.
Providing a day off for work on a weekend or non-working holiday
According to Part 1 of Article 153 of the Labor Code of the Russian Federation, an employee called to work on a weekend or holiday is guaranteed compensation: increased pay (at least double the rate) or single pay and an additional day off (time off).
From March 1, 2025, the law clarified the procedure for using time off. Now the employee has the right to use the day off within one year from the date of work on a weekend or holiday.
Acsour experts note that if the employee does not use the time off within a year, the day off itself cannot be provided after this period, but compensation will be paid for it upon dismissal.
The time off can be added to the annual paid leave within the same year (Part 5 of Article 153 of the Labor Code of the Russian Federation).
The employer is obliged to respect the employee’s choice: for example, if the employee chose to take a day off instead of double pay, the company cannot refuse to provide him with this day off. The innovation emphasizes that the employer must ensure that the employee uses the day off in a timely manner, but it is impossible to force the employee to take the accumulated days off — you can only remind him of the right to rest
Refusal to provide a legal day off for working on a day off (in the absence of double pay) is regarded as an offense for which the organization can be fined up to 50,000 rubles, and the manager — up to 5,000 rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses).
Acsour experts note that the amendments are aimed at strengthening the protection of workers' rights, but create an additional burden on businesses.
To reduce the risks of violations due to new legal requirements, Acsour recommends:
Compensation for unused time off upon dismissal
The employer is obliged to pay compensation for all unused "time off" regardless of the reason for dismissal: this innovation came into force on March 1, 2025.
According to Part 6 of Article 153 of the Labor Code of the Russian Federation, from March 1, 2025, if an employee chose time off instead of double pay for work on a day off and did not have time to use this day off, he will be entitled to additional payment upon dismissal. The new rule applies to all time off accrued during the period of work in the company.
Acsour experts note that violation of the Labor Code of the Russian Federation in terms of compensation for unused time off upon dismissal entails fines for employers.
Violation of this rule is considered as incomplete payment of amounts due to the employee, for which the company faces a fine of up to 100,000 rubles, and the manager — up to 20,000 rubles. (Part 6 of Article 5.27 of the Code of Administrative Offences). In addition, the employee will have to pay interest for the delay in payment of amounts due in accordance with Article 236 of the Labor Code of the Russian Federation.
Providing a day off for work on a weekend or non-working holiday
According to Part 1 of Article 153 of the Labor Code of the Russian Federation, an employee called to work on a weekend or holiday is guaranteed compensation: increased pay (at least double the rate) or single pay and an additional day off (time off).
From March 1, 2025, the law clarified the procedure for using time off. Now the employee has the right to use the day off within one year from the date of work on a weekend or holiday.
Acsour experts note that if the employee does not use the time off within a year, the day off itself cannot be provided after this period, but compensation will be paid for it upon dismissal.
The time off can be added to the annual paid leave within the same year (Part 5 of Article 153 of the Labor Code of the Russian Federation).
The employer is obliged to respect the employee’s choice: for example, if the employee chose to take a day off instead of double pay, the company cannot refuse to provide him with this day off. The innovation emphasizes that the employer must ensure that the employee uses the day off in a timely manner, but it is impossible to force the employee to take the accumulated days off — you can only remind him of the right to rest
Refusal to provide a legal day off for working on a day off (in the absence of double pay) is regarded as an offense for which the organization can be fined up to 50,000 rubles, and the manager — up to 5,000 rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses).
Acsour experts note that the amendments are aimed at strengthening the protection of workers' rights, but create an additional burden on businesses.
To reduce the risks of violations due to new legal requirements, Acsour recommends:
- Conduct an audit of HR document flow
- Organize a system for recording time off (for example, an automated system) and record the choice of employees in writing
- Set up processes for payments upon dismissal
- Ensure control over the terms of use of time off
- Prepare for inspections
- Train staff: for example, conduct trainings, ensure regular training of specialists on changes in legislation, develop memos
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