Non-working days and the Labor Code of the Russian Federation
Decree of the President of the Russian Federation No. 206 of 25.03.2020 “the announcement of non-working days in the Russian Federation” (further Decree No. 206) contains a list of organizations to which it does not apply. Such organizations, in particular, include continuously operating organizations; medical and pharmacy organizations; organizations for emergency repair and handling; organizations that providing the population with foodstuff and basic necessities. The latter types of organizations, in our opinion, include not only grocery stores, but also storages from which foodstuff and specified goods are being shipped.
In addition, in paragraphs 3-5 of Decree No. 206, have been identified The organs of Government power and local self-government, media organization which should ensure their functioning by the number of employees determined by them.
The meaning of Decree No. 206, non-working days cannot be attributed to these categories, because the imposition of non-working days is a quarantine (protective) measure which is unrelated to the rights of workers to fair working conditions, including the right to recreation, including limitation of working hours, daily breaks, weekends and public holidays, and paid annual leave (article 2 of the Labor Code of the Russian Federation).
According to the recommendations published on the website of the Ministry of Labor to employees and employers in connection with Decree No. 206, non-working days do not apply to weekends or public holidays, cause of that payment is made in the normal rather than the higher amount.
In our opinion, it is impossible to apply to non-working days the legal norms established for weekends and public holidays, without special provisions on this in Decree No. 206 or other acts. The provisions of Decree No. 206 contain only a guarantee of full pay.
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