When you leave, don’t forget to pay!

Against the backdrop of the situation with Ukraine, a number of foreign companies have decided to leave Russia. It is possible that enterprises leaving the Russian Federation may face claims from dismissed employees.

According to the Russian Federal State Statistics Service, in the first quarter of this year, the number of layoffs by agreement of the parties reached 161.1 thousand, the correspondent reports. MorningNews.

At the same time, some of the people dismissed in this way then go to court. Over the past one and a half to two years, the number of such applications has increased markedly, Kommersant reports, citing Nadezhda Ilyushina, head of the labor law practice at ALUMNI Partners.

In the number of court decisions, the share of decisions in favor of the ex-employee of the organization has increased.

BLS Managing Partner Elena Kozhemyakina explains that the number of such cases began to increase after the decision of the Plenum of the Supreme Court, where he pointed out the need to take into account the circumstances of the conclusion of the dismissal agreement when considering claims.

“In the first case, the courts recognize that the employee could have been pressured, and he does not even need to prove the fact of this pressure, in the second, the court takes into account the employee’s argument that he did not have enough time to make an informed decision by signing the dismissal agreement” – notes Nadezhda Ilyushina.

In some cases, the basis for recognizing the termination of an employment relationship by agreement of the parties as illegal is the lack of real desire of the employee or the pressure exerted by the employer, says Ekaterina Tyagay, partner at the Pen & Paper Bar, adds Kommersant.

Nadezhda Ilyushina recalled the current situation with some foreign companies in Russia. According to her, in conditions when such organizations prefer to formalize the termination of labor relations with employees by agreement of the parties, the number of claims from employees (ex-employees) may increase.

According to Rosstat, as of May 1 of this year, the total wage arrears amounted to 889 million rubles, that is, compared to April 1, it decreased by 119.1 million rubles (data provided by organizations of observed types of economic activity (not related to small businesses)) .

At the same time, out of the total amount of unpaid wages as of May 1, the debts formed this year account for 198.3 million rubles.

But the employees of some companies because of the events of this year were in limbo. A number of foreign organizations have decided to suspend their activities in the Russian Federation. Subsequently, some decided to leave the country altogether, and some remain in a state of “temporarily suspended activities.” And it is not clear whether their employees in Russia will eventually lose their jobs or whether the employer will restore activities in the Russian Federation.

McDonald’s, for example, nevertheless decided to leave Russia. The company has found a buyer for the business in the Russian Federation. The press release stated that the company announces a deal to sell Russian assets to Alexander Govor. It was specified that he acquires the entire restaurant portfolio of the network and will develop it under a new brand.

Now this new brand has already been launched, cafes are open, and there are employees.