Apart from the general rules stipulated by the Russian Labour Code, business reorganisations are left largely unregulated in Russian employment law (for example, the status of internal company policies following a reorganisation or the unification of payroll and corporate benefits systems).
We would be pleased to help you resolve any issues related to reorganising your business.
Generally, shareholder turnover in a company does not constitute grounds for terminating contracts with employees.
However, despite the apparent simplicity of this procedure, employers must verify many things, like whether the company’s employment contracts contain provisions that certain payments must be made if the control structure should change.
We would be happy to help you verify these matters to help you successfully close your deals.
Given management’s key role in an organisation’s success, structuring employment relations with them can often be decisive in ensuring smooth onboarding and value generation. For instance, properly describing and documenting management’s key functions, payments and benefits will help avoid unnecessary discussions that could negatively affect performance.
We would be happy to share practical insights that we have successfully applied in similar client projects.
We would be happy to provide pre-trial and litigation support to settle individual or collective labour disputes on any employment issues. Our lawyers have a solid record of success in settling labour disputes. In one case, we managed to nullify a ruling to reinstate an employee issued by a first-instance court in an appellate court.
Employers often wish to change the terms and conditions of employment, but employees do not always agree with their proposals. We would be happy to help you understand how your company can implement these changes as well as what options are stipulated by the Russian Labour Code. In this area, we also help our clients structure their employee relations flexibly, so that they may be amended later with little impact.
Internal company policies play an important role in employer-employee relations. In particular, they come in handy where disciplinary action has to be taken, including termination.
Furthermore, internal company policies must comply with Russian law to maximally protect the employer’s position in potential disputes.
We would be happy to help you draft your internal policies.
We will gladly provide full support on proper documentation of salaries, bonuses, guarantees and benefits.
Termination is the most complicated aspect of employment relations not only because the law heavily regulates this issue, but also because courts in different regions may hold contradictory opinions on the same issue. We would be happy to help you determine your options as well as implement your final decisions. In particular, we can provide full support in headcount cuts, from studying all the factors involved and preparing necessary documents and up to conducting negotiations with the employees scheduled for termination. We are also prepared to help you defend your interests in court should your employees seek to challenge your decisions.
Eventually, most organisations are audited by public authorities, including by the Labour Inspectorate. Information on scheduled audits is available from the Prosecutor General’s Office.
We help our clients to review HR documentation in advance of a public audit, provide support during the audit and, if necessary, litigation support based on the outcome.
Under current legislation, trade unions enjoy a rather wide range of rights that allow them to exert significant influence on employment relations. Employers that deal with trade unions must be aware of the scope of rights that the trade union has and in which specific cases the employer can reject its demands.
Given that trade unions play an growing role both within companies and in society at large, it has become increasingly important critical to understand the subtle details of trade union legislation.
We can help you resolve issues related to trade unions, including conducting collective bargaining and designing strategies aimed at resolving collective disputes.
We support our clients in matters related to financial liability caused by employees. We will help you analyse the as-is damage caused by the employee and guide you through rules to take the appropriate actions.
Associate, Employment Law Practice, PwC Russia
Tel: +7 (495) 232 5631