The Federal Labor and Employment Service (known in Russian as ‘Rostrud’) has once again reminded an employer that it may face administrative liability for coercing an employee to give notice of his/her resignation.
When implementing redundancies, some companies are tempted to save money on severance payments by coercing their employees to resign. An employee may apply to a court even in this case and prove that he/she was coerced to resign. There are no still clear-cut criteria in legislation that allow the fact of pressure on the employer’s side to be established. Yet, it can be concluded from the court practice that the following actions are regarded as coercion:
Courts may accept the following circumstances as evidence of coercion to resign:
If a court establishes that an employee has been coerced to resign, the employer can have administrative liability imposed for violating employment legislation. In this case, the following sanctions can be imposed:
In addition, the employer will have to restore the employee to his/her position, pay his/her average salary for the period of forced absence, pay compensation for moral harm and even reimburse his/her legal expenses.
You can always contact Acsour’s specialists with questions concerning how to apply Russian employment legislation.