Russia – Laurie Prange-Martin

HR Practices in the Russian Federation

1. Introduction and Overview of the Country

Initially, Russia may seem like a quite unapproachable and truly foreign country to operate in. However, if one wants to have a successful recruitment campaign, it is vital not to forget that technically, Russia has its capital located in Europe, and its culture is not entirely different from the Western one.

Everything that relates to employment in Russia is regulated at two levels, regional and federal. The latter has primacy in terms of regulation. Agreements between unions representing employees and employers are vital at the regional level, as they set different guarantees of employment, such as mass layoff criteria, minimum wages, and various employment benefits. The former has the following statutes: the Labour Code, the Constitution, the Federal Law on Legal Status of Foreign Citizens in the Russian Federation, the Federal Law on Trade Unions, their Rights and Guarantees of their Activity, the Federal Law on Amendment of Certain Legal Acts of the Russian Federation, and the Federal Law on Employment of the Population of the Russian Federation (Pelman and Dmitriev, 2019).

According to OECD (2019), the unemployment rate in Russia is 4.8 percent. Also, there is a 6.7 percent of self-employed people out of all employed population. Moreover, 28.6 percent of the unemployed population of Russia are in long-term unemployment. The part-time employment rate is 3.8 percent. The population of Russia is 143.5 million people, of which 13 percent of people are 65 years old or older, and 16.1 percent of people are 15 years old or younger. Also, the rate of young people who are 15 to 19 years old and not being in education, employment, and training is 5.1 percent.

2. Recruitment Practices

According to the Labor Code of the Russian Federation, employers cannot mention in a job posting any restrictions about gender, skin color, nationality, age, race, and any other grounds that are not related to the professional qualities and skills of applicants. However, there are some exceptions that are approved at the legislative level (RasZp.ru, n.d.).

Foreign organizations in Russia are usually using recruitment tools, such as recruiting agencies, job posting websites (see Table 1), newspaper ads, internal recruitment, recruitment of college graduates, and networking. The choice of recruitment tools is highly dependant on the type of position a company needs to fill in (Denisova-Schmidt, 2011).

For every new employee, a company must maintain a workbook that has the entire employment history of an employee. Each employee must provide this book to an organization they employed in. If a new employee does not have a workbook, a hiring company must create one for this employee. At any time, employees can request a copy of this book and an employer must provide it to an employee (Manea, 2019).

In Russia, Internet job engines and websites are a very popular tool for recruitment campaigns. There are various options in terms of websites, where job openings can be posted by employers in Russia. Those websites can be found in Table 1, with websites’ names, types of jobs posted on each web site, and the URL links.

Table 1: The Most Popular Job Posting Websites in Russia.

Name:	Types of Jobs:	URL:
HeadHunter	All types of jobs	https://hh.ru/
Zarplata	Mostly sales and security jobs	https://www.zarplata.ru/
Superjob	All types of jobs	https://www.superjob.ru/
Career.ru	Jobs for students who start their careers	https://www.career.ru/
Jobsora	All types of jobs	https://ru.jobsora.com/
Avito	Mostly construction, production, sales, and transport jobs	https://www.avito.ru/rossiya
Careerist	All types of jobs	https://careerist.ru/
Rabota.ru	All types of jobs	https://www.rabota.ru/

3. Selection Practices
3.1. Background Checks

In Russia, background check is an essential part of an employee selection process. Every company does background checks to hire the most competent employees, ensure the safety of the workplace, achieve honesty and integrity in the organization, and prevent workplace theft. In many companies, security services are the ones who conduct the background checks of prospective candidates. Technically, background checks are not legal in Russia, so employers can only receive information about employees or candidates by asking them directly or asking their previous employers with a candidate’s consent (Ganshina, 2016). There are numerous regulations and prohibitions that are established by Russian law, some of which will be covered next in this paper.

3.1.1. Criminal Records

Russian law allows employers to require criminal records of a candidate only if the position they apply for is in the list of jobs that only allow people with no criminal background. Those are positions, such as educational institution employee, prosecutor, advocate, and judicial officer, customs officer and employee of the FSB, military personnel, auditor, government employee, deputy, president, and employees of the aviation forces (Glavkniga.ru, 2017).

3.1.2. Drug Screening

Drug screening of employees or candidates is forbidden by Russian law, and this is illegal for employers to require this kind of background checks. However, there is an official list of jobs where drug screening is not only allowed but even required to be done by all prospective candidates and employees. For example, state or municipal services jobs require professionals to go through special medical examination that includes a drug test. Only when a candidate provides a special medical certificate confirming that they do not use illegal drugs, he or she can be hired (Pro-personal.ru, 2013).

3.1.3. Medical History

In Russia, employers cannot make a candidate or an employee to provide any medical certificate, as it is forbidden by Russian law. However, there are positions, such as jobs in the food industry, catering, trade, water facilities jobs, and positions in children’s and medical institutions, where a special medical certificate is required to be provided by a candidate by the law. Without this certificate, an employer has no right to hire a candidate for a job from the list (Glavkniga.ru, 2017).

3.1.4. Credit Checks

Since July 2014, any organization has a right to have access to a credit history of any individual. However, an organization has to receive written consent from a candidate to be able to officially request such information (Mycreditinfo.ru, n.d.).

3.1.5. Social Media

Russian law does not prohibit a collection of personal data about an applicant through their social media sites as long as a candidate is informed about a social media screening (Kritskaya, 2018).

3.1.6. Immigration Status

When individuals from other countries are applying for a job in Russia, they must provide some details of a document that confirms the legal status of a candidate in Russia. Only then, an applicant from another country can be hired for a job (Rnk.ru, 2019).

3.2. Protected by Article 3 of the Labor Code of the Russian Federation Categories

There are various categories that are protected by the Labor Code of the Russian Federation and cannot be used as a base for discrimination. Those are the following categories.

3.2.1. Age

Age discrimination is strictly prohibited by the Russian law, which means that age of the applicant or an employee cannot serve as one of the decision-making factors when an employer makes decisions, such as a hiring, promotion, pay raise or training (Dobrikova, 2017; Agediscrimination.info, 2018).

3.2.2. Disability

Labor Code of the Russian Federation does not allow employers to discriminate against candidates and employees on the basis of disability (Dobrikova, 2017).

3.2.3. Race and Skin Color

Race and skin color are the bases of discrimination that are strictly prohibited by Russian law. An applicant or an employee cannot be unfavorably or differently treated because of their race or their characteristics related to race, such as facial features, hair texture and color, and skin color (Consultant.ru, 2019).

3.2.4. Gender

Russian law states that an employer cannot discriminate against employees and candidates based on their gender, which means that they cannot be treated unequally or disadvantageously because of their gender (Dobrikova, 2017).

3.2.5. Nationality and Ethnicity

Labor Code of the Russian Federation prohibits employers from discrimination of candidates and employees on the bases of their ethnic background or nationality (Consultant.ru, 2019).

3.2.6. Medical Condition

Russian law states that it is forbidden for employers to make employment decisions related to firing, promoting, hiring, demoting, assigning tasks, and training basing on a medical condition of an employee or a prospective candidate (Consultant.ru, 2019).

3.2.7. Religion

Religious discrimination is prohibited by the Labor Code of RF, which means that an employer does not have a right to treat a candidate unequally or unfairly because of an applicant’s or an employee’s religious beliefs (Consultant.ru, 2019).

3.2.8. Pregnancy

Russian law strictly prohibits any discrimination by employers against pregnant women, which means that employers have no right not to hire, fire, and discriminate in any other way, due to applicants’ or employees’ pregnancy (Safronova and Selyavka, 2019; Consultant.ru, 2019).

3.2.9. Marital Status

Labor Code of the Russian Federation prohibits any discrimination of employees and candidates that is based on their marital status, which means that it does not matter if a candidate is married, single, in a relationship, widowed or a domestic partner, he or she can not be discriminated by an employer on any of these statuses (Consultant.ru, 2019).

3.2.10. Political Affiliation

According to the Russian law, any discrimination of employees and candidates that is based on their political affiliation is strictly prohibited, which means that an applicant or an employee cannot be treated differently because of his or her political views or memberships (Consultant.ru, 2019).

3.2.11. Other

When hiring employees, every employer tries to hire a competent candidate that will be able to perform their duties and responsibilities. Thus, in Russia, a refusal to hire an applicant based on the inconsistencies of a candidate’s qualities with the job requirements cannot be considered as discrimination. Also, some jobs may require some additional guarantees from an applicant. For example, when there is a requirement to pass specific tests that are required for a position (governmental jobs). If a candidate refuses to take a required test, an employer has a right to not hire this person, without risk of accusation of discrimination (RasZp.ru, n.d.).

It is also important to keep in mind that there is a variety of professions that require an applicant to match some legally-established professional standards. If those standards are not met by a candidate, an employer also has a right to not hire an applicant without a risk of being accused of discrimination. Examples of those professions are teachers, transportation industry jobs, and underground jobs (RasZp.ru, n.d.).

4. Miscellaneous Information
- 4.1. Primary Russian Government Agencies That Enforce Regulations and Statutes Regarding Employment

A governmental agency that is responsible for the employment regulations and statutes enforcement is The Federal Service for Labour and Employment. This agency has the ability to impose various liability measures, such as fines on employers, companies, and officers that are responsible for any violations of the employment laws of the Russian Federation (Pelman and Dmitriev, 2019).

The observance of human freedoms and rights is highly controlled and ensured by the general prosecutor’s office, as well as restoration of violated employees’ rights, court participation, employment laws enforcement, and unjust employees’ dismissal claims. Both the Federal Service for Labour and Employment and the prosecutor’s office can be used by employees if they want to dispute the actions of their employers (Pelman and Dmitriev, 2019).

Also, inspectorates can be created by the trade unions to control and monitor the employment laws compliance of employers, their labor issues policies, and collective agreements and arrangements terms that are discussed between employees’ representatives and employers. A good example would be if there are problems with working conditions that are threatening health and lives of employees, the trade union inspectors are the ones who are able to communicate demands to employers, suspend operations, and participate in the industrial accidents’ investigations (Pelman and Dmitriev, 2019).

4.2. Documents Required for Employment

According to the Article 65 of the Labor Code of the Russian Federation, cited in Ppt.ru (2019), in Russia, in order for a candidate to be hired for the desired position, they are required to provide the following documents:

Passport or some other document that can confirm the identity of an applicant
Workbook showing employment history (if a candidate does not have one, then an employer is required to create one for a candidate)
Document confirming registration in the system of individual accounting
Military registration documents (if an applicant is liable for military service
Documents confirming education, qualifications or training of a candidate (if a job requires special education, knowledge or training)
Retirement insurance certificate
Criminal record certificate (if required for a job)
A certificate confirming if an applicant was ever subjected to administrative punishment for the use of narcotic drugs or psychotropic substances without a doctor’s prescription or not (if required)
Other documents that may be required in some specific cases

5. Bibliography

Agediscrimination.info. (2018). Russia — age discrimination. [online] Available at: http://www.agediscrimination.info/international-age-discrimination/russia [Accessed 1 Nov. 2019].

Consultant.ru. (2019). Administrative Code of the Russian Federation Article 5.62. Discrimination. [online] Available at: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=330512&fld=134&dst=3290,0&rnd=0.10300628477802776#05854433995104114 [Accessed 3 Nov. 2019].

Denisova-Schmidt, E. (2011). Human Resource Management in Russia: Some Unwritten Rules. Intercultural Communication and Language Learning. Vienna: WU Online Papers in International Business Communication.

Dobrikova, E. (2017). Labor Discrimination, or the Power of Stereotypes. [online] Garant.ru. Available at: http://www.garant.ru/article/1127456/ [Accessed 2 Nov. 2019].

Ganshina, I. (2016). Checking candidates for employment – what can be done?. [online] Rusjurist.ru. Available at: https://rusjurist.ru/kadry/priem_na_rabotu/proverka_kandidatov_pri_prieme_na_rabotu_chto_mozhno/ [Accessed 1 Nov. 2019].

Glavkniga.ru. (2017). Medical certificate for a job. [online] Available at: https://glavkniga.ru/situations/s503333 [Accessed 2 Nov. 2019].

Glavkniga.ru. (2017). Verification of criminal record when applying for a job. [online] Available at: https://glavkniga.ru/situations/s503406 [Accessed 2 Nov. 2019].

Kritskaya, M. (2018). Help profile: social networks as a tool for verifying a future employee. [online] SKB Kontur. Available at: https://kontur.ru/articles/106 [Accessed 1 Nov. 2019].

Manea, M. (2019). Hiring Employees in Russia. [online] Lawyersrussia.com. Available at: https://www.lawyersrussia.com/hiring-employees-in-russia [Accessed 2 Nov. 2019].

Mycreditinfo.ru. (n.d.). Does the employer check credit history. [online] Available at: https://mycreditinfo.ru/proverjaet-li-rabotodatel-kreditnuju-istoriju [Accessed 1 Nov. 2019].

OECD. (2019). OECD Employment Outlook 2019: The Future of Work. OECD Employment Outlook 2019. [online] OECD. Available at: https://www.oecd-ilibrary.org/sites/9ee00155-en/index.html?itemId=/content/publication/9ee00155-en [Accessed 30 Oct. 2019].

Pelman, B. and Dmitriev, D. (2019). Russia Labour & Employment – Getting The Deal Through – GTDT. [online] Getting The Deal Through. Available at: https://gettingthedealthrough.com/area/18/jurisdiction/26/labour-employment-russia/ [Accessed 1 Nov. 2019].

Ppt.ru. (2019). Article 65 of the Labor Code of the Russian Federation. Documents presented at the conclusion of the employment contract. [online] Available at: https://ppt.ru/kodeks.phtml?kodeks=17&paper=65 [Accessed 1 Nov. 2019].

Pro-personal.ru. (2013). Is it possible to test for drug addiction at hiring?. [online] Available at: https://www.pro-personal.ru/article/530669-mojno-li-pri-prieme-na-rabotu-provodit-test-na-narkozavisimost [Accessed 3 Nov. 2019].

RasZp.ru. (n.d.). Employment Discrimination Act. [online] Available at: https://raszp.ru/priem-na-rabotu/diskriminaciey-pri-prieme-na-rabotu-ya.html [Accessed 1 Nov. 2019].

Rnk.ru. (2019). Admission of foreign citizens to work in 2019: step by step instructions. [online] Available at: https://www.rnk.ru/article/215698-priem-inostrannyh-grajdan-rabotu-2019-poshagovaya-instruktsiya [Accessed 1 Nov. 2019].

Safronova, A. and Selyavka, K. (2019). Discrimination of pregnant women and women with children in the labor law of Russia. [online] Nauchforum.ru. Available at: https://nauchforum.ru/studconf/social/xlvi/23079 [Accessed 3 Nov. 2019].