Legal audit of the documents that regulate labour relationships with the client's employees (accurate maintenance of service records, drafting employments agreements, availability of company's internal regulatory acts being a must) and development of the opinion on compliance of the documents audited with the Russian legislation.
Registration and recording of labour relationships in strict compliance with the law allows protecting the employer not only against claims of the regulatory authorities and administrative liability for any violations of labour law, but also against the risk of a negative outcome in case of administrative or court proceedings with its employees, which are not always obviously related to the registration of labour relationships.
The service is relevant for companies of any sectoral focus, in particular, the industrial and manufacturing companies, enterprises that engage employees on the outsourcing basis, as well as those based in areas remote areas from the head office, which complicates the interaction with the employees.
Proper HR records-keeping eliminates the risk of bringing the employer to administrative liability by the regulatory authorities for violation of the labour laws of the Russian Federation. Chapter 5 of the Administrative Code of Russian Federation provides, inter alia, for the fines to be imposed on both legal entities and their officials, as well as for the suspension of enterprise operations.
An HR audit also allows the employer reducing the risk of an unfavourable outcome of administrative and court proceedings with employees, including on cases not directly related to the registration of labour relationships. For instance, vague wording of the regulations on bonuses and the lack of internal regulatory act on the relevant issues can lead to the employer's duty to pay bonuses to the employees regardless of their performance imposed by the court. Inaccurate registration and recording of relationships with an employee may lead to the conversion of fixed-term employment agreements into open-ended employment agreements and services contracts into employment agreements, etc.
Procedure, Fees and Deadlines
Upon receipt and assessment of scope of HR documents provided by the client, as well as after determination of the number of employees and working conditions, we will determine the timeframe required for the documents processing by GRATA experts and preparation of the opinion with recommendations as to how to bring the documents provided in line with the requirements of the Russian legislation.
The average term for the development of the legal opinion starts from 2-3 weeks.
The service fee depends on the number of employees, as well as the client's working conditions, and starts from 4,500 US dollars net of VAT and additional costs.
The long experience in advising Russian and foreign employers operating in various regions of Russia on labour issues, as well as in legal representation in labour and employment-related disputes that entail the court assessment of the internal regulations and HR documentation, allows GRATA assisting the clients in the efficient registration and recording of labour relationships.
Some recent projects involving GRATA experts are:
- HR audit of the Russian subdivision of one of the world's largest pharmaceutical companies, including advising on hiring procedures, personal data processing, proper implementation of internal regulations;
- Structuring of HR records-keeping for a Russian manufacturing plant of the largest US manufacturer of motor vehicles in the course of launching the plant;
- Development, audit and legal support of the introduction of local regulations in the Russian subdivision of one of the world's largest car manufacturer;
- Representation of the Russian subsidiary of an international engineering company in respect of the claims from employees, including challenges against dismissals.
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On February 6, 2018, the Parliament of Ukraine adopted the Law of Ukraine "On Limited Liability Companies" (project No. 4666 dated May 13, 2016), which changes the procedure for registration and management of these types of companies.
On February 15, 2018, the President of Ukraine signed the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning Corporate Agreements" (Project No. 4470 of April 19, 2016), which introduces in the domestic legislation provisions on the conclusion of corporate contracts - agreements on the exercise of the rights of participants (founders) of a limited liability company and agreements between shareholders.
The event that was held on February 27th, in Moscow (Russia) attracted 456 senior level decision makers, who came together to discuss the opportunities in the Russian & CIS capital markets industry.
During the Month of February 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 16 March 2018, a seminar on the Application of international forms of FIDIC construction contracts was held by Yerzhan Yessimkhanov, Partner and Director of Transport, Telecommunication, Construction and Infrastructure practice of GRATA International.
In this article, SHAIMERDEN CHIKANAYEV outlines some of the key legal developments and challenges faced by the Islamic finance market in Kazakhstan in 2017 and provides an overview of some of the major factors that will shape the Islamic finance industry's growth and trends in Kazakhstan in 2018.
On 20-21 of March 2018, in Zhuhai, China the China Enterprises Going Global Risk Conference will be held for Chinese transnational companies, organised by the China Industrial Overseas Development Association.
Uzbek government continues its strive to transform country's legislation and make Uzbekistan more open to foreign investment and international trade. With the addition modern-thinking specialists to the management in the state authorities, alongside with radical legislative improvements in legislation, directed to full-scale liberalisation, increasing trade turnover and development of local industry, attracting foreign investors, full transfer to market economy and overcoming such obstacles as corruption, restrictions for payment on current international transactions, tariff and non-tariff barriers, the prospects of Uzbekistan are becoming increasingly more attractive for global businesses.
During the Month of January 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
Yana Dianova, Director of the Corporate and Commercial Law Department (GRATA International, Moscow) and Timur Berekmoinov, a patent attorney (GRATA International, Almaty) took part in the international conference 'Intellectual Property in the New Technological Order'.
In keeping with GRATA’s practice of informing clients of important legal developments that might influence their business, we would like to draw your attention to some important upcoming legislative developments regarding the foreign exchange regulation and foreign exchange control.
Samat Daumov, Managing Partner, GRATA International, shares the firm’s experience in building a regional network of a consulting firm or the largest network of lawyers and litigation attorneys in Kazakhstan.
We are glad to announce that Aidar Sarymsakov and Akhmetzhan Abdullayev, Senior Partners, Saule Akhmetova and Almat Daumov, Partners have been identified as key legal experts in Mining field among 11 legal experts in Kazakhstan in Who's Who Legal: Mining 2018 issue.
On 31 January 2017, the Law Society is hosting a breakfast round table with experts from the region and experienced practitioners to discuss the current business climate, growing business areas, and new investment opportunities for law firms and their clients, in particular in relation to the AIFC.
On 29 November 2017 the deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan approved in the first reading draft law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Regarding Regulation of Land Relations" (hereinafter referred to as the "Draft Law"), developed following the work of the Commission on Land Reform.
On 1 January 2018 new Tax Code came into force in Kazakhstan. This Tax Code is set to stimulate growth of small and medium-sized businesses and strengthen Kazakhstan’s financial sector. The principle of good faith was also introduced: all the ambiguities and inaccuracies of the Tax Code are interpreted in favour of entrepreneurs.
It has shown a particular interest in the Law of 28 December 2017 No. 128-VI on Introducing Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on Information and Communication ('the Law'), which, among other amendments, requires website operators to collect identification data of website users who post comments on such websites.
GRATA International commented on the following questions:
1- What is the background to the Law, and the Kazakh government's reason for introducing it?
2- Which types of companies will be affected by the provisions with regard to i) identifying website users ii) retaining user data? How is this likely to affect the operation of websites, and their users?
On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland and the Protocol thereto (hereinafter – the ‘Convention’).
Команда юристов GRATA International в России подготовила обзор наиболее важных изменений в законодательстве Российской Федерации, вступающих в силу в 2018 году.
Belarus adopted the revolutionary legal framework for IT companies and blockchain enthusiasts. The President’s Decree on Digital Economy comes into force on March 28, 2018.
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