Legal audit of the documents that regulate employment relationships with the client's employees (accurate maintenance of service records, employment agreements, availability of company's internal regulatory acts that are required under the Labor Code of the Russian Federation) and development of the opinion on compliance of the documents audited with the Russian legislation.
Formalization of employment 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 formalization of employment relationships.
The service is relevant for companies of any sectors, 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 formalization of employment 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 formalization of relationships with an employee may result in the conversion of fixed-term employment agreements into open-ended employment agreements and services contracts into employment agreements, etc.
Procedure 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 in the client’s company, we will determine the timeframe required for the documents processing by our experts and preparation of the memorandum with recommendations as to how to bring the documents in compliance with the requirements of the Russian legislation.
The average term for the assessing the documents and preparing the legal memorandum starts from 2-3 weeks.
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.
|Bolat Miyatov||Partner, Head of Corporate Law Department||Almaty||Inquire|
|Nurbol Kissembayev||Partner, Branch Director||Aktau||Inquire|
|Zaira Kaysar||Partner, Branch Director in Atyrau and Aktobe||Atyrau, Aktobe||Inquire|
|Ummi Jalilova||Partner, Director of Baku office||Baku||Inquire|
|Dmitriy Tyan||Representative in Kyzylorda region and the town of Baikonur, Attorney||Kyzylorda||Inquire|
|Marat Atyshev||Representative in Shymkent and Taraz, Advocate||Shymkent, Taraz||Inquire|
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We draw your attention to the important legal aspects of the latest amendments in the labour legislation of the Republic of Kazakhstan.
Arctic Group International LLP recommends GRATA Law firm LLP as a reliable and responsible legal advisor
Labour relationships in Kazakhstan are governed not only by the provisions of the Labour Code of Kazakhstan, but also by special legislative acts (on civil service, on internal affairs authorities, etc.).
The 'Due Diligence' in English means ensuring the due good faith.
Kazakhstan, like many other countries, has an established permit procedure for employing foreign workers. In this case, obtaining a permit for engagement of foreign workers is the responsibility of an employer.
Below we will briefly describe usual legal provisions of the joint venture.
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