The Moscow Mayor Decree N 96-YM as of October 1, 2020 and the Moscow Mayor Decree N 97-YM as of October 6, 2020 (jointly referred to the “Decrees”) do not contain clear response which categories of the employees shall be included into 30 % of the employees that shall be transferred to the remote regime work (“30 % of the Employees”).
Taking into account the lateral interpretation of the Decrees’ wording under 30 % of the Employees shall be considered the total number of employees of the legal entity. The attachment to Moscow Mayor Decree N 97-YM as of October 6, 2020 implicitly confirms this approach. Under general rule to the total number of employees relate, among others, maternity leave employees and the employees being on other types of vacations (e.g. annual paid vacations), however the above approach was not clearly specified in the Decrees.
October 13, 2020 on the official site of the Moscow Mayor mos.ru in the section “Responses to the questions” appeared the clarification that the employees that are in business trips or on vacations may be included into 30 % of the Employees.
Under the labor legislation of the Russian Federation to the employees that shall be considered as on vacation relate, in particular:
- persons on maternity and child care leaves (hereinafter referred to as “maternity leave”);
- persons who are on study leave;
- persons who are on annual paid vacations, vacations without pay, etc.
Thus, the persons that are in business trips or on above mentioned vacations can be included into 30% of Employees.
