Service Details

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.

 

Service Relevance

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.

 

Why GRATA

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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16.01.2018

Kazakhstan: New user identification requirements "further regulate social relations"

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? 

11.01.2018

Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland

On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland[1] and the Protocol thereto (hereinafter – the ‘Convention’).


11.01.2018

Изменения в российском законодательстве в 2018 году

Команда юристов GRATA International в России подготовила обзор наиболее важных изменений в законодательстве Российской Федерации, вступающих в силу в 2018 году. 

11.01.2018

ICOs go legal in Belarus: what the Hi-Tech Park 2.0 can offer the IT industry

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.

GRATA International had a presentation at the Shanghai Bar Association

On December 23, 2017 Managing Partner of GRATA International’s Uzbekistan office Bakhodir Jabborov made a presentation at the Shanghai Bar Association

20.12.2017

Special Focus - One Belt One Road China Investment

GRATA International contributed to LexisNexis Mergers & Acquisitions Law Guide 2018. Special Focus - One Belt One Road China Investment.

20.12.2017

Liberalization of business conditions in Belarus

On November 23 the President of the Republic of Belarus has signed Decree No. 7 “On the Development of Entrepreneurship”. The document significantly simplifies business activities in Belarus. Below you can find main innovations for business introduced by the document.

GRATA International attended the AmCham HR Committee meeting

On 15 December 2017, AmCham HR Committee's December Meeting took place in the office of Nobel Oil in Baku.

GRATA International attended the Azerbaijani-Georgian business forum

On 15 December 2017, the Caspian European Club and Caspian Energy Georgia with the support of the Embassy of the Republic of Azerbaijan in Georgia held the Azerbaijani-Georgian business forum and the third CEO of Lunch Tbilisi.

GRATA International attended the 23rd Azerbaijan International Telecommunications and Information Technologies Exhibition and Conference

On 5 December 2017, the 23rd Azerbaijan International Telecommunications and Information Technologies Exhibition and Conference took Place in Baku Expo Centre. The exhibition marked the beginning of High Technologies Week. The organiser of the exhibition was the Caspian Event Organisers.

GRATA International attended International Taxation Conference 2017 in India

On 7-9 December 2017, Bolormaa Volodya, Partner, and Altanzaya Gunsen, Taxation Counsel of Absolute Advocates LLP, GRATA International's associate office in Mongolia, have attended International Taxation Conference 2017 in Mumbai, India.

14.12.2017

GRATA International in Chambers Asia-Pacific 2018

GRATA International performed exceptionally well in this year’s rankings as its Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan offices were ranked by Chambers Asia-Pacific 2018, confirming GRATA International's dominant position in Central Asia.

14.12.2017

GRATA International is a Mondaq Contributor With Most Reader Response In Russian Federation

During the Month of November 2017 GRATA International (Russian Federation) generated the most usage from Mondaq users for the  category of commercial law.

13.12.2017

GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development in Bishkek

On 30 November 2017 in Bishkek GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm  ILF Consulting Engineers.

13.12.2017

GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development in Almaty

On 28 November 2017 in Almaty GRATA International organised a practical seminar:  Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm  ILF Consulting Engineers.

11.12.2017

Stepanov and Aksuk Law Firm Associate office of GRATA International is Recognised by Право.ru-300 Ranking 2017 in 4 Nominations

On 7 December 2017, the results of the national law firms rating – ‘Право.ru-300’ were announced.

07.12.2017

Drinks reception was held at the residence of the British Ambassador to the Republic of Kazakhstan

On 6 December 2017 the drinks reception was held in Astana, Kazakhstan. 

06.12.2017

Yerzhan Yessimkhanov, partner of GRATA International, spoke at the International Conference "PPP Projects in International Context"

On 5 December 2017 the International Conference "PPP Projects in International Context" was held in Frankfurt-on-Main, Germany.

Yerzhan spoke on key questions of PPP projects implementation in Kazakhstan, particular issues of national legislation, basis PPP models in Kazakhstan, issues relating to regulation of PPP projects and key trends of development of PPP in the near future.

04.12.2017

Nurlan Kyshtobaev conducted a guest lecture on “concession agreements”

On November 28th, 2017 Nurlan Kyshtobaev, partner of GRATA International Bishkek office conducted a guest lecture on “concession agreements” and “how law firms operate”. The lecture was read to the students of International Business Law department of the American University of Central Asia (AUCA) within the course “Investment Law and Sustainable Development”. Earlier this year, GRATA International in Bishkek signed a MoU with AUCA on cooperation. 

28.11.2017

4th Downstream Caspian & Central Asia conference

4th Downstream Caspian & Central Asia conference was held in Baku, Azerbaijan on November 28.

28.11.2017

Chamber Annual Networking Reception took place in Azerbaijan

On 22 November 2017 Dubai Chamber Annual Networking Reception took place in Azerbaijan, Baku with the aim of highlighting achievements, discussing plans, and reward most active companies. 

28.11.2017

Amcham November Luncheon

On November 16, 2017, American Chamber of Commerce in Azerbaijan (AmCham Azerbaijan) organized its monthly members’ luncheon.

28.11.2017

Amcham Legal & Compliance Working Group’s November Meeting

AmCham Legal and Compliance Working Group hosted its regular meeting on November 1, 2017.

28.11.2017

Railway “Baku-Tbilisi-Kars” was opened in Azerbaijan

The opening ceremony of the Baku-Tbilisi-Kars railway (BTK) was held on October 30, 2017 in Baku.  


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Key contacts

Yana Dianova

Director of Corporate and Commercial Law Department, GRATA International (Moscow)

Moscow

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