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Preparing for and conducting dismissals in Russia: a checklist for employers

Written by
ALRUD, a confident Russian leader in labour and employment law.
This article gives a checklist and provides best practice advice for employers in Russia on dealing with the difficult process of employee dismissals.

1. Termination of contract by agreement

What steps need to be taken? 

  • Draw up a separate agreement regarding termination of the employment contract.  
  • Issue it in written form, specifying a date for termination of work.  
  • The agreement must be signed by both parties (employee and employer), and you must also provide the employee with a second copy.   
  • Issue a discharge order with the agreement of the parties on the basis of clause 1 of part 1 of Article 77 of the Labour Code of the Russian Federation.   
  • Send the order to the employee for signing.  
  • On the last day of the contract, provide all the necessary documents, and make the final payment 


 Our recommendations 

Have the employee sign the documents in front of you. This will prevent situations that arise in practice where someone else signs the termination agreement for the employee. The employee could raise this in court and, if this is confirmed by the evidence, the employee may be reinstated. 

It is better that the employee signs the documents in the presence of witnesses. Their testimony can be taken into account by the court when resolving the issue of whether or not the employer exerted pressure on the employee.  

Include a provision in the termination agreement that the employee has signed it without coercion, knowingly and voluntarily, with full understanding of the terms.  

On the day of termination, make the final payment, sign the Employee Exit Report, give back the employment record book or provide the employee with information about their employment. 

2. Dismissal initiated by an employer

Best practice tips for dismissals without conflict 

  • During the entire period leading up to the dismissal, the employee should work as usual. It is important not to interfere with his or her attendance at work nor to block access to any corporate systems and resources. 
  • When serving the dismissal order, briefly explain why the company has made its decision. If necessary, provide documentation that will prove the existence of grounds for dismissal. 
  • Do not put pressure on the employee during the delivery of the order or notification and the description of the further procedure and do not try to force or put pressure on them to sign any documents 
  • Explain to the employee that, upon termination of the working relationship, they will be able to access all the rights to which they are entitled by law, by-laws and under the employment contract (i.e. monetary compensation for unused holiday, severance pay, compensation and other payments) 
  • Point out to the employee their right to provide in writing any reasons that could stop the dismissal. Indicate a reasonable time frame by which this document must be provided (for example, within a week from the date of delivery of the notice of dismissal) 
  • Point out to the employee that they should apply to the territorial department of the Employment Centre of the administrative district at their place of registration or of residence within two weeks from the date of dismissal 


Recommendations for the preparation and conduct of contentious dismissal negotiations  

  • Determine the composition of the team which will participate in the negotiations.Pre-allocate roles between each of the negotiators and agree on negotiation tactics. 
  • Conduct negotiations correctly and do not show or allow any irritation or anger towards the employee. The consequences of any given decision should be explained in a calm and diplomatic way 
  • In the event of difficult situations arising during the process, stay calm, complete the paperwork carefully and complete the procedure, even if it takes more time and resources 
  • Determine in advance the possible amount of compensation to be paid to the employee upon dismissal 
  • Prepare all the documents that may be required during the negotiations in advance. 
  • Prepare arguments supporting the validity of the reasons for the dismissal (for a dismissal on disciplinary grounds). Stay calm and resist any attempts to make the negotiations more emotional than they need to be 
  • Try to find out the reasons why the employee is refusing dismissal or is otherwise preventing the termination of their contract 


What can be done if an employee is avoiding communication with an employer? 

The employer should take all available and reasonable measures to communicate with the employee, using the available communication channels and observing the deadlines provided for by labour legislation.