Work on parental leave: theory and practice issues

The absence in the Labor Code of the Russian Federation of a maximum duration of part-time work for persons working on parental leave creates uncertainty in judicial practice in disputes between employers and the Social Fund of Russia regarding the payment of insurance compensation. When refusing to employers, the Social Fund of Russia and the courts, as a rule, appeal to the fact that child care benefits (which should be compensatory in nature) with a slight reduction in working hours become an additional material incentive. In such a situation, the employee is recognized as a subject abusing his right. Based on the analysis of the practice of the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation and arbitration courts, as well as the rule-making initiative of the Ministry of Labor of the Russian Federation and the Government of the Russian Federation, the authors come to the conclusion that there is an emerging trend in changing the functional purpose of child care benefits: from compensation for lost earnings to measures to support families with children. The authors believe that this benefit should be provided to a parent (person replacing him), working, including under normal working hours, regardless of the family’s needs.