Legal Alert Act Amending and Complementing the Labour Code

  1. Maternity Leave

(a) increase of the maternity leave  

As of 2-nd January 2009 maternity leave is increased from 315 to 410 calendar days.

Employees whose leave of 315 calendar days has not elapsed as at 2-nd January 2009, are entitled to a leave for the remainder of 410 calendar days following that date.

Employees whose leave of 315 calendar days has elapsed as at 2-nd January 2009, following that date are entitled to a leave for the difference between 410 calendar days and the sum of the used maternity leave and the used or due child bringing-up leave for the period up to 1-st January 2009.

In pending cases the remainder of the leave is permitted following a written application of the employee to the employer. As of the day of the maternity leave permission the leave for bringing-up a child up to 2-year’s age, which the employee uses, is terminated.

In coordination with the Labour Code amendments the Social Security Code has been introduced as well to provide for payment of a compensation for 410 calendar days.

(b) use of the leave by the father 

By virtue of the Act it is now possible for the father to use the remainder of the maternity leave of 410 calendar days when the child turns 6 months with the mother’s consent.

(c) 15-day paternity leave  

Under the amendments a new type of leave which the father enjoys upon child birth is introduced. The leave amounts to 15 days from the child leaving the hospital and the condition for using the leave is the father and the mother being married or sharing a household.  The Social Security Code provides that the father is entitled to a compensation for the term of the leave upon certain conditions.

(d) dismissal protection  

Dismissal protection is now enjoyed not only by the mother (adoptive mother) using maternity leave but also by the father (adoptive father) using the 15-day paternity leave or using the remainder of the maternity leave after the 6-months’ age of the child. Those persons could be dismissed only upon the enterprise closing down.

  1. Obligation to Issue Internal Labour Order Regulations

The right which the employer had to issue Internal Labour Order Regulations has been transformed into an obligation. The Regulations must contain the employees and the employer’s rights and obligations and provide for the labour organization in the enterprise according to the enterprise activities specifics.

The Internal Labour Order Regulations are issued by the employer after consulting the trade unions’ representatives in the enterprise and the employees elected by the employees’ general assembly.

  1. Expanding the Scope of Cases where Dismissal Compensation is Due

By virtue of Art. 222, para. 1 amendments the employer must pay a compensation upon dismissal in the following cases:

– dismissal due to employee’s refusal to follow the enterprise or the department where the employee works when the latter is transferred to another town or place;

– dismissal due to vacancy of the employee’s position due to restoration of unlawfully dismissed employee, who has previously taken that position.

The compensation amounts to the gross labour remuneration for the time during which the employee has been unemployed but not longer than 1 month.

  1. Recognition of Employment Service for Work up to 5 Days per Month

Unlike the provisions in force up to now, when an employee works for the same employer not more than 5 working days or 40 hours per month, the working time will be recognized as employment service.

  1. Employer’s Obligations to Issue Documents

Employer’s obligations to provide documents to employees have been expanded. The employer is obliged to issue the following documents:

(a) job description – the job description should now be handed to the employee against signature and the date of its handing should be indicated;

(b) documents evidencing facts related to the employment relation – those should be issued by the employer within 14 days from the employee’s written request;

(c) employment record and recommendation – they are issued upon employee’s written request within 14 days from the request. The employment record must be objective and just and must concern the employee’s professional qualities and work results. The recommendation is issued when the employee applies for a job with another employer;

(d) dismissal order  – the employer’s obligation to issue a dismissal order or another documents evidencing the employment relation termination is now expressly set forth.