The head of the state recently signed a law to this effect. Now, employers cannot unilaterally terminate the employment contract of a single parent if they have a child under the age of sixteen. According to Article 261 of the Labor Code of the Russian Federation, this age was previously limited to 14 years. In addition to mothers and fathers, other individuals raising children of the corresponding age will also fall under the scope of the new norm. How this initiative will impact the labor market in Russia, what it means for businesses, and whether the new norm can genuinely help single parents are explored in our material.
The primary motivation for developing the new law was the desire of Russian State Duma deputies to support single citizens whose children are completing their secondary education. According to the author of the bill, Yaroslav Nilov, head of the Committee on Social Policy: “Children mostly complete basic education by the age of 16, so citizens raising them alone before this age need additional protection from the state.”
Moreover, the deputy plans to “extend this figure to adulthood” in the near future. Thus, the prohibition on terminating the employment contract at the employer’s initiative may increase by another two years.
Despite the evident social orientation of the new initiative, it will also impact businesses, which will now pay closer attention to selecting candidates for their vacancies. Will this become a new obstacle for single parents in finding employment, and how will entrepreneurs react to changes in the Russian Labor Code?
“Legislators acknowledge the problems associated with incomplete families and respond, but with a certain degree of populism. Therefore, this short bill has eleven authors. It cannot be said that single parents will become less competitive in the labor market with the new law in effect, especially now when there is a shortage of workers; recruiters primarily look at skills and the current needs of the enterprise,” notes Vyacheslav Plakhotnyuk, Chairman of the Committee on Legal Issues of the International Congress of Industrialists and Entrepreneurs and Doctor of Law at the Higher School of Economics.
Family Values
These changes will mainly affect women, who traditionally constitute a significant portion of single parents in Russia. According to the latest population census for 2021, more than a third of all families with children in the country are single mothers raising at least one minor child. Moreover, since the 2002 census, their share has increased from 31.7% to 37.7% in 2021. During the same period, the number of single fathers doubled among households with children, from 4.1% to 8.2% in 2021.
Today, for one of the parents to be recognized as single, one or several conditions must be met. These include the death of one of the spouses, deprivation or restriction of parental rights, inability to establish their place of residence, or recognition of such a person as legally incompetent. This list also includes one of the parents serving a sentence of imprisonment or their unwillingness to participate in the fate of their children.
“The law will play a significant role in sectors predominantly employing women, such as retail chains, factories, and others. During reorganization, the employer will not be able to dismiss a single parent with a child under 16; instead, they must transfer them to an existing structural unit of the organization for another job,” says financial expert Olga Borisova.
Employers will no longer be able to fire single parents whose children are under 16 years old
Social Disadvantage of Single Parents and Business Implications
The social disadvantage of single parents often leads to a deterioration of their financial situation. According to the research of the Federation of Independent Trade Unions of Russia (FNPR), by the end of 2023, the per capita income was less than 15,000 rubles per month for 25% of single women with one child and 33% of single women with two underage children.
Having dependent minors often puts a woman in a position where she has to accept violations of her rights in the workplace due to established stereotypes. In modern realities, finding another job with such “baggage” can be very challenging.
“Terminating the employment of a working mother would significantly undermine the family’s financial situation. Employers, in principle, are already geared towards these rules when deciding to hire citizens raising children alone. In turn, the law will help such parents be more confident that they will be provided with employment until their children reach an age where they can earn their own initial income,” says Yevgeny Masharov, a member of the Public Chamber Commission on Public Examination of Bills and Other Regulatory Acts.
From a Business Perspective
However, labor disputes always involve the other side – business. Entrepreneurs often view single parents with skepticism when hiring them, understanding that, all else being equal, it will be more challenging to dismiss such individuals burdened with underage children.
In the context of tightening social policies by the state, it will be easier for enterprise leaders not to hire such employees. Thus, the law, initially intended to fight for the rights of incomplete families, may serve as a barrier to the employment of their breadwinners and put single parents in a more challenging position than before.
In this sense, targeted payments to single parents funded by the state Social Insurance Fund would be a much more effective tool. Funds should be allocated to people who genuinely need assistance, without giving cause for others to abuse their rights.
After all, there are always individuals who prefer to shirk work, knowing that by law, the employer cannot dismiss them: management will not go against the Labor Code and will turn a blind eye to their violations. In this situation, businesses find themselves powerless against the advantages that the state has guaranteed to such individuals.
It is noteworthy that as early as 2015, the LDPR faction presented a similar bill for discussion, which was rejected by the majority of parliamentarians as unfairly favoring one social group. Today, this fact no longer bothers anyone, and economic interests are being sacrificed to the current agenda, according to representatives of the business community. In these conditions, most enterprises would prefer to deal with individuals as self-employed rather than formalize fixed-term employment contracts and fall under the norms of the Labor Code.
“Now, it’s difficult for a single parent with a small child to find a job, and soon it will become even more challenging. Employers are not concerned with an employee’s personal circumstances (a child’s illness, visits to the doctor, etc.). They need work done on time (reports prepared by a certain deadline, products released on time). No employer wants to pay fines and penalties for delayed shipments, untimely submitted documents to tax authorities, etc. Or later, to recover these fines from the guilty employee,” argues expert Olga Borisova.
From 2002 to 2021, the number of single fathers doubled: from 4.1% to 8.2%
State Demography and Business Implications
Traditionally, the state acts as the regulator in such matters, with the need to address demographic issues on the one hand and prevent a personnel shortfall in the economy on the other. A personnel shortfall could lead to business stagnation and the departure of profitable enterprises from the market.
Despite the unequivocal social orientation of the adopted law, authorities have left some loopholes for businesses, allowing them to dismiss negligent employees who might use the new restrictions as a shield. For instance, termination triggers may include violations of labor discipline (systematic absenteeism, ignoring labor legislation, or using forged documents), allowing employers to interpret the provision more broadly. All restrictions that were in place before remain effective even after the new law is passed.
“In essence, nothing changes for the workers (primarily, female workers) mentioned in Article 261 of the Labor Code. The content of guarantees is not expanded. Employers retain the right to terminate their employment as a disciplinary measure in most cases after a single gross violation of labor duties, and for educators – also in cases of physical or mental violence against a student,” explains Vyacheslav Plakhotnyuk, addressing the legal aspects of the amendments.
Finally, it should be noted that there is currently no precise definition of the term “single parent” in the Labor Code, which complicates the application of the new law. While previously this status was determined by the absence of a record of one of the parents in the child’s birth certificate, according to the resolution of the Plenum of the Supreme Court of the Russian Federation, a broader interpretation is now in effect, as indicated in the relevant list.
The ambiguity of interpretations makes the new provisions of the Labor Code more elusive, leaving their application at the discretion of interested parties.
By Alexey Zotov