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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of May 29, 2018 No. 15

About application by courts of the legislation regulating work of the workers working for employers - physical persons and at employers - small business entities which are carried to the microcompanies

For the purpose of ensuring unity of practice of application by courts of the legislation regulating work of the workers working for employers - physical persons and at employers - small business entities which are carried to the microcompanies, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. Legal regulation of labor and directly related relations with participation of the workers working for employers - the physical persons who are individual entrepreneurs and at employers - small business entities which are carried to the microcompanies is performed by the Labor Code of the Russian Federation (further - the Labor Code of the Russian Federation), other Federal Laws and the laws of subjects of the Russian Federation, other regulatory legal acts, and also the collective agreements, agreements, local regulations containing regulations of labor right, employment contracts (Articles 5, of 6, of 8 - 10 Labor Codes of the Russian Federation).

At the same time employers - small business entities which are carried to the microcompanies according to the article 309.2 Labor Code of the Russian Federation have the right to refuse fully or partially adoption of local regulations, for example employment policies and procedures, regulations on compensation, regulations on awarding, the schedule of working in shifts, and also other acts regulating questions which according to the Labor Code of the Russian Federation shall be regulated by local regulations. In such cases the specified questions are regulated by the employment contracts signed with workers on the basis of the standard form of the employment contract approved by the order of the Government of the Russian Federation of August 27, 2016 No. 858 "About standard form of the employment contract signed between the worker and employer - small business entity which treats the microcompanies".

Labor and directly related relations with participation of the workers working for employers - the physical persons who are not individual entrepreneurs are regulated by the Labor Code of the Russian Federation, other Federal Laws and the laws of subjects of the Russian Federation, other regulatory legal acts containing regulations of labor right, employment contracts (Articles 5, of 6, of 8 - 10 Labor Codes of the Russian Federation).

Regulation of work of the workers working for employers - the physical persons (who are individual entrepreneurs and not being individual entrepreneurs) and at employers - small business entities which are carried to the microcompanies the attracting decrease in level of guarantees, restriction of their rights, increase their disciplinary and (or) financial responsibility, is performed only by the Labor Code of the Russian Federation (in particular, Chapter 48 of the Labor Code of the Russian Federation "Features of regulation of work of the workers working for employers - physical persons" and Chapter 48.1 of the Labor Code of the Russian Federation "Features of regulation of work of persons working for employers - small business entities which are carried to the microcompanies") or in cases and procedure, it provided (article 252 Labor Code of the Russian Federation).

2. According to part five of the article 20 Labor Code of the Russian Federation employers to whom provisions of Chapter 48 of the Labor Code of the Russian Federation extend are:

the individual entrepreneurs without formation of legal entity registered in accordance with the established procedure, the notaries who are engaged in private practice, the lawyers who founded lawyer offices, other persons, performing professional activity which according to the Federal Laws is subject to state registration and (or) licensing, for example the patent agents and appraisers who are engaged in private practice, entered employment relationships with workers for the purpose of implementation of these activities (further - employers - individual entrepreneurs);

persons entering employment relationships with workers for the purpose of personal servicing and the help with housekeeping, that is cooking, cleaning of premises, baby sitting, leaving, observation of the state of health, etc. (further - employers - the physical persons who are not individual entrepreneurs).

If physical persons perform business and professional activity in defiance of requirements of the Federal Laws without state registration and (or) licensing and entered employment relationships with workers for the purpose of implementation of these activities, then such physical persons perform the duties assigned by the Labor Code of the Russian Federation to employers - individual entrepreneurs.

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