Supreme Court of Russia clarified who should be responsible for labor obligations in bankruptcy

On the eve of the New Year, Supreme Court of Russia issued another resolution of the Plenum, which provides for the legal clarifications in the field of labor law.  The document deals with the peculiarities of the application by the courts of general jurisdiction of two articles - 5.27 and 5.27.1 of the Administrative Code.

Both norms are related to violations of labor legislation, as well as labor protection requirements. According to the explanations, as a rule, employers are the subjects of administrative responsibility in the field of violations of labor legislation.

These include both legal entities and individuals with the status of an individual entrepreneur, as well as officials appointed and authorized by them.

An important aspect is the mention of the statute of limitations for prosecution in the field of labor law. A person who no longer holds the relevant position may be involved in this category of cases during the year.

The situation with the bankruptcy of the employer looks slightly different. The Supreme Court of Russia explained that in the event of initiation of insolvency procedures against the employer, his (her) bankruptcy trustee will be the subject of the offense. It can be an external, bankruptcy or financial manager in a situation where he performs the duties of an employer. This is explained in paragraph 6 of the plenary session.