The State Duma supported the project on labor guarantees for mobilized civil servants

The Duma Committee on Regional Policy and Local Self-Government has considered a bill banning the termination of fixed-term employment contracts with mobilized civil servants (and volunteers) while they are serving in the special operation zone. The initiative was introduced in early April by a group of senators and deputies headed by the first vice-speaker of the Federation Council, Secretary of the United Russia General Council Andrey 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 to the NWO 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 1 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 Committee, while conceptually supporting the bill, notes that there are a number of comments to it. For example, fixed-term contracts may be concluded in the case of filling civil service positions of the “assistant (adviser)” category, established to assist the heads of state bodies and replaced for a certain period, limited by the term of office of the heads. In this case, the term of the contract is determined by the term of the position being filled by the head, according to the conclusion of the committee, signed by its chairman Alexei Didenko.

In addition, the issue of extending fixed-term contracts concluded by civil servants, for which rotation is provided, as well as those concluded with persons who have reached the age limit for being in the civil service, requires additional elaboration. According to the committee, these remarks can be eliminated when preparing the bill for the second reading.

The deputies of the committee additionally note that corresponding norms should be introduced into the legislation on the suspension in the same cases of the municipal service “for legal purity”. In addition to amendments to the law in the civil service system of the Russian Federation, the authors announced the introduction of appropriate amendments to the Labor Code. However, Andrei Isaev (United Russia), one of the authors of the amendments for civil servants, a member of the relevant labor committee, told Vedomosti that he had “not seen any amendments to the Labor Code” yet.