The government supported the project on labor guarantees for mobilized civil servants

The Government Commission on Legislative Activities approved the initiative of parliamentarians to ban the termination of fixed-term employment contracts with mobilized civil servants (and volunteers) while they are serving in the special operation zone. This was reported to Vedomosti by two participants in the commission’s meeting held on May 29.

The bill was introduced in early April by a group of senators and deputies headed by First Vice Speaker of the Federation Council (SF), Secretary of the United Russia General Council Andrei Turchak. “Back in the fall, we adopted amendments to the Labor Code (LC), which guaranteed the mobilized to keep their jobs for the duration of their participation in hostilities. But the current norms still allow the dismissal of workers called up for mobilization or who went on a military special operation voluntarily. This happens if the employment contract is urgent and expired when the fighter was at the front. As a result, upon returning “to civilian life”, he may find himself unemployed and will have to look for a new place for himself, ”Turchak explained when entering.

The draft law proposes to suspend the term of fixed-term service contracts of civil servants during the period of their military service and resume them after its completion. At the same time, this change will not affect contracts that have been concluded for a period of up to one year. It is proposed to extend the action of these provisions to legal relations that arose from the date of the start of the special military operation (from February 24, 2022).

The government, in its review (read by Vedomosti), supports the bill, provided that it is finalized, taking into account some comments. In particular, the document indicates what should be justified in the explanatory note to the draft law, why the term of a fixed-term contract concluded with a civil servant for a period not exceeding one year is not suspended, for the duration of a certain task or for the period of replacing an absent civil servant.

It is also necessary, in the opinion of the government, to work out the issue of establishing the possibility of renewing the term of a fixed-term contract for such a category of civil servants as assistants and advisers for a period equal to the remainder of the contract, “since its term is determined by the term of the post being filled by its head.”

For assistants and advisers, the term of the contract is tied to the term of work of the chief, and if he has already left by the time the subordinate returns, then the contract of the assistant who has returned from the special operation will be extended for the period of his absence, the head of the Duma Committee on Regional Policy (the committee responsible for this project) explained to Vedomosti. ) Alexey Didenko. He added that the committee “will work with this conflict” in preparing the draft for the second reading.

In addition, the extension of the law to legal relations that arose from February 24, 2022, does not take into account the cases of the need to restore the validity of contracts that were terminated due to the expiration of their validity before the entry into force of this law, the recall of the Cabinet of Ministers notes. Since the norms of the law are introduced after the contracts with some civil servants have already been terminated according to the current rules, they must be restored, political analyst Pavel Sklyanchuk agrees.