Managing partner of Nadmitov, Ivanov and Partners law firm Alexander Nadmitov gave a comment to RBC on the dismissal of employees of Xsolla IT company.
Xsolla IT company, a service for accepting payments in online games around the world, has dismissed about 150 employees due to "lack of involvement" established during big data analysis of their behavior during working hours. Managing partner Alexander Nadmitov told RBC that if employees had been dismissed on the unilateral initiative of the employer, they could challenge the decision in court. The lawyer reminded that it was possible to dismiss unilaterally for repeated failure by an employee to perform work duties without valid reasons and the presence of disciplinary penalties. "In addition, the duties that the employee has not fulfilled should be recorded in the employment contract, the internal labor regulations, in the job description, and in the local regulations of the employer," he said.
"In this case, they are dismissed on the basis that employees did not participate enough in chat rooms and wrote few letters. Was it their obligation under the employment contract and local acts? That is, the unilateral dismissal of an employee, and even more than 150 employees is not a quick process and requires compliance with the entire procedure. The application of disciplinary penalties also requires compliance with all the conditions provided for in Article 193 of the Labor Code of the Russian Federation. The employer can avoid a conflict in this case only if he can dismiss employees by agreement, " Nadmitov said.
More: https://www.rbc.ru/rbcfreenews/610a89509a7947d4ea957efc