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Regarding labor regulations of employees who are temporarily "transferred" to another employer

05.06.2019

According to the federal draft law, there will be changes in the Labor Code of the Russian Federation regarding labor regulations of employees who are temporarily transferred by their employer, not being a private employment agency to other legal entities under the agreement of providing employees.

It is proposed that the “transfer” of an employee be formalized by an additional agreement to the employment contract between the employee and the employer who is transferring him/her. At the same time, the employee’s assignment retains an employment contract with the employer who is transferring him/her. A formal employment relationship between the employee and the receiving party, in this case, does not arise.

The draft law also establishes a number of measures directed at the protection of labor rights of the transferred employees:

• the requirement to obtain the employee’s consent to be transferred to the  host party;
• an obligation of employer to provide to the employee information on the legal entity in the territory of which he/she will perform a labor function;
• a  ban on the worsening in the period when an employee is referred to his position as determined by labor legislation, a collective agreement, agreements and local regulations adopted by the transferring employer;
• сases to prevent an employee being sent to another employer when performing work at workplaces with hazardous working conditions.

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