Construction and manufacturing can start operating in Moscow
On May 7, 2020 the Moscow Mayor issued two aligned decrees changing separate terms of the current high alert regime (Decrees No. 55-UM and No. 56-UM).
Under the new rules, the high alert and self-isolation regimes in the city of Moscow are prolonged until May 31, 2020 (inclusively).
The main changes of the regime, effective from May 12, 2020, are the following:
- The effective term of work digital passes will be automatically prolonged until May 31, 2020.
- All persons moving within the city of Moscow must use protective masks and gloves (compliance of this rule will be controlled by state officers)
- Some Moscow located business connected with manufacturing and construction are allowed to restart their operations. The vast majority of businesses, however, must remain closed, specifically in the services sector.
- All employees who retain their work activity within this period must comply with additional requirements. For example:
- Informing employers about their state of health, which could be subject to additional risks in case of infection (e.g. pregnancy, diabetes mellitus, obesity, hypertensive disease of the second degree, chronical obstructive pulmonary disease, any symptoms of acute respiratory viral infection or pneumonia, etc.) and not attend the work place in such cases.
- To use personal protection means (masks and gloves) at workplaces, unless the employer provides the room (space) of sole attendance by a person. These protective means must be used along with personal protective gear at the employers’ sites.
- The employer must also ensure fulfillment of the relevant protection measures for their employees. For example:
- Suspend from work those employees who have diseases listed in the decree.
- Assure social distancing of employees and ensure compliance with the current sanitary recommendations.
- Ensure use of protective means by employees (masks and gloves).
- Periodically measure temperature of all employees (every 4 hours) and ensure testing for COVID-19 of at least of 10% of the personnel. From June 1, 2020 and for every subsequent 15 calendar days an employer shall continue carry out medical tests for COVID-19 for at least 10 percent of the personell. Interestingly, this measure contains no end term.
If no new President’s Decree on prolongation of the non-working period with retaining of salary will be adopted, we see it reasonable to implement an idle time for the employees who cannot conduct their work due to these new Mayor’s Decrees.
In this case, their non-working time should be paid at 2/3 of the base salary (tariff rate) since it is out the parties’ control. However, those employees who are already working in distant work regime can claim full salary.
Where it is possible, we recommend that businesses additionally focus on transferring employees to a distant work regime or implementing other options for flexible employment.
We will be happy to identify the most suitable scenario for you and help you with continuity of business operations.