An employee in Russia is exempt from court costs

An employee in disputes arising from labor relations is exempted from paying the state fee, and is also exempted from imposing legal costs on him in case of losing the case.

So article 393 of the Labor Code of the Russian Federation “Release of employees from legal expenses” indicates that when applying to the court with a claim on claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are released from paying fees and court costs.

According to the general rule provided for by Part 1 of Article 98 of the Civil Procedure Code of the Russian Federation, the party in whose favor the court decision was made, the court awards reimbursement on the other hand for all court expenses incurred in the case, which, according to Article 94 of the Civil Procedure Code of the Russian Federation, include expenses for the services of representatives.

The Constitutional Court, in Ruling No. 1320-O-O of October 13, 2009, clarifies: within the meaning of Articles 71 (paragraph "o") and 72 (paragraph "k" of part 1) of the Constitution of the Russian Federation, the judicial procedure, including proceedings in cases arising from from labor relations, is determined by the legislator. The provisions of Article 37 of the Constitution of the Russian Federation, stipulating the freedom of an employment contract, the right of an employee and an employer by agreement to resolve issues related to the emergence, change and termination of labor relations, at the same time predetermine the obligation of the state to ensure proper protection of the rights and legitimate interests of an employee as an economically weaker party in labor relations, which is consistent with the main objectives of the legal regulation of labor in the Russian Federation, as a social legal state.

At the same time, the legislator takes into account not only the economic (material), but also the organizational dependence of the employee on the employer (who has the bulk of the evidence in the case at its disposal), and therefore establishes procedural guarantees for the protection of labor rights of employees when considering labor disputes in court, including the exemption of the employee from court costs also applies (Article 393 of the Labor Code of the Russian Federation).

Thus, in accordance with the provisions of Article 393 of the Labor Code of the Russian Federation, when applying to the court with a claim on claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court expenses. Thus, in order to provide additional guarantees to ensure judicial protection by employees of their labor rights, labor legislation provides for the exemption of employees from court costs, which is an exception to the general rule established by Part 1 of Article 98 and Part 1 of Article 100 of the Code of Civil Procedure of the Russian Federation.

An interesting example is given in a case where the 1st and 2nd instances rejected a claim for the restoration of violated labor rights and applied Article 98,100 of the Code of Civil Procedure by imposing on the plaintiff (employee) legal costs (payment for the services of a representative).

By the ruling of the Supreme Court of the Russian Federation of July 12, 2013 N 83-KG13-4, the claims for the recovery of court costs were denied, since labor legislation provides for the exemption of employees from court costs, which is an exception to the general rule established by Part 1 of Art. 98 and part 1 of Art. 100 Code of Civil Procedure of the Russian Federation.

In addition, paragraph 3 of Article 59 of the Bankruptcy Law also exempts the employee from court costs in a bankruptcy case. This paragraph does not apply to an applicant who is an employee or former employee of the debtor. (the paragraph was introduced by Federal Law No. 186-FZ of June 29, 2015)

CONCLUSION: An employee can confidently defend his rights, not be afraid of imposing legal costs on him!

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