According to article 142 in the Russian Labor Code an employee can unilaterally stop work when his/her wages are more than 15 days late. However nothing is mentioned as to whether the non-working period should be remunerated even though the late wage payment is the employer’s fault. Amendments to the article are expected to be adopted after their first reading in the Douma. These will clarify the law and oblige employers to pay wages for the non-productive period.
Put forward by the Communist Party parliament members this draft law relies on a ruling by the Supreme Court. In 2009 the court ruled: “Because the Labor Code does not specifically state any provisions to the contrary, employees have thus the right to maintain their average pay during the period of time they are waiting for payment.” However since then several lower courts have rendered the ruling more ambiguous. “The right to refuse to work is a form of labor law self-protection intended...
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