Service Details

Assessment of the actual context of the situation, which gave rise to the need to terminate employment, as well as review of the available documents for proper execution of such termination. The assessment results in a short memorandum outlining possible ways of termination of employment, associated risks for the employer, as well as the action plan, and documents required. When the legal support is required, GRATA experts may take part in the negotiations with the employee and other meetings related to the termination of employment.

The service is oriented on the companies of all sectors.

 

Service Relevance

Proper registration of employment termination is essential to avoid the risk of the employee's reinstatement in a job and awarding compensation for the forced downtime, as well as other compensatory payments by the employer. Termination procedure is particularly important and complex when employment is termination with senior employees, and/or due to the serious misconduct by employees, as well as when there is a trade union in the company.

 

Procedure, Fees and Deadlines

Upon review the situation and client's documents we will determine the most appropriate ground and method of termination of employment, depending on the particular case file, which is provided in a short memorandum drafted for the client. As soon as the relevant action plan has been agreed upon with the client, our experts draft internal acts and other documents required for proper termination of employment.

The term for preparation of the employment termination (assessment of documents, actual circumstances, making recommendations as to the manner and procedure of termination) in respect of one employee starts from 3 business days.  The total period of support the termination procedure depends on the process duration (2 weeks in average). In case of providing legal support to the employment termination within the staff redundancy or company liquidation, the period increases in proportion to the term established by the labour legislation.

The service fee starts from 4,000 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 on disputes associated with dismissals and other related issues, allows GRATA assisting the clients in the efficient registration and recording of relationships in the course of employment termination in order to avoid the employee's reinstatement in a job and awarding compensation for the forced downtime.

Some recent projects involving GRATA experts are:

  • Representation of the Russian subsidiary of an international engineering company in respect of the claims from employees on challenging against dismissal;
  • Challenging in the court against sanctions imposed by the supervisory authority in connection with the violation by the Russian subsidiary of a European pharmaceutical company of the license requirements in business activities;
  • Representation of the Russian production subdivision of an international pharmaceutical company in legal proceedings on the dispute associated with the size of incentive payments;
  • Representation of the Russian subdivision of a European pharmaceutical company in disputes on liability for damage caused by the employee to  third parties.

 

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23.10.2018

GRATA Azerbaijan participated at the Joint AmCham/BCC Career Fair

On 5 October 2018 Joint AmCham/BCC Career Fair was held in Baku, Azerbaijan. 
 

22.10.2018

Trademark protection in Mongolia

The exclusive rights of the trademark holder will be granted or entitled when the trademark is officially registered with the General authority of Intellectual property and trademark certificate is issued. 

18.10.2018

Agricultural business in Kazakhstan and opportunities for Islamic finance

Agriculture is one of the most attractive sectors of Kazakhstan’s economy. Kazakhstan has approximately 24 million hectares of arable land and 188 million hectares of pasture.

15.10.2018

Gulnur Nurkeyeva attended Investment and Financing Innovation Law & Commerce Forum

On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.

02.10.2018

Yerbolat Yerkebulanov gave a presentation to Malaysian suppliers of goods and services to O&G subsoil users

On 28 September 2018 An Export Acceleration Mission for Oil, Gas and Energy in Almaty, Kazakhstan was held.

 

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference (International Federation of Consulting Engineers and International Chamber of Commerce).

 

24.09.2018

Introduction of 2nd 2017 Edition of FIDIC Forms of Contracts

In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.

21.09.2018

Bakhyt Tukulov gave a presentation about Dispute Resolution at the AIFC

On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.

20.09.2018

Ministry of Finances of the Republic of Belarus Specified Dates of Completing Business Operations

Amendments concern business operations relating to performance of works, rendering services and lease relations.

While rendering services, which results the customer can use during the term of the agreement, the date of completing this business operation shall be:

  • last calendar day of each month of provision of services and the last day of provision of services – if the term of the agreement exceeds one month;

  • last calendar day of the month, when provision of services is started, and (or) the day of completing of provision of services – if the term of the agreement does not exceed one month.

20.09.2018

Law of the Republic of Kazakhstan On Concessions (unofficial English translation)

This Law determines legal conditions of concession, types of state support of concessionaire and regulates social relations arising during conclusion, execution and termination of concession agreements.

20.09.2018

Law of the Republic of Kazakhstan On Public-Private Partnership (unofficial English translation)

This Law determines legal conditions of public-private partnership, ways of its implementation, and regulates social relations arising during preparation and implementation of public-private partnership projects, execution, performance and termination of public-private partnership agreements.

18.09.2018

Gulnur Nurkeyeva took part at the 10th China Overseas Investment Fair (COIFAIR)

With the approval of the National Development and Reform Commission (NDRC) of the People’s Republic of China, the 10th China Overseas Investment Fair (COIFAIR) was held at the China National Convention Center, PRC on 15-16 September 2018.

14.09.2018

Gulnur Nurkeyeva delivered a speech at Duane Morris & Selvam Ambassador Series

On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.

13.09.2018

#NEARFOOTBALL or What a Sports Lawyer Should Know

As football developes and becomes more popular in Kazakhstan, the legal relationships and arrangements of the parties involved increasingly require compliance with legal formalities. A professional club, sportsman, coach and federations are guided by regulations approved by the international sports organisations and/or concluded contracts.

13.09.2018

Kazakh privatisation: a fresh start

Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.

10.09.2018

Shaimerden Chikanayev was among the panellist at the IBA ECA Forum 2018

On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.

10.09.2018

How to incorporate a company or representative office in Mongolia?

Despite the fact that Mongolian legislation provides for a wide range of legal forms of commercial entities (limited liability company or LLC, joint-stock company or JSC and joint venture), in practice, private businessmen and foreign investors mostly prefer LLC or JSC. Representative office of foreign legal entities is also common

05.09.2018

Land Law of the Republic of Belarus

Land relations can be a crucial issue for foreign investors considering whether or not to start a business in a particular country. Let us provide you with a summary of land legislation of Belarus and the opportunities it offers for business.

12.09.2018

Dmitry Samigullin spoke on Business setup in Russia in Zurich

Dmitry Samigullin spoke on Business setup in Russia in Zurich.

04.09.2018

Administration of Almaty has officially announced public tender for participation in Almaty Light Rail Transport (LRT) Project

On 29 August 2018, the Administration of Almaty (Almaty Mayor’s Office) has officially announced the public tender for participation in PPP project for development of design specification, construction, commissioning, financing, operation and technical maintenance of Almaty Light-Rail Transportation System (the “Project”).

27.08.2018

Major Kazakhstan Legislation Changes for 2017

The Law on Amendments Intended to Improve Business Conditions[1] (the “Business Improvement Law”) came into effect on 12 March 2017, except certain provisions.

The purpose of the Business Improvement Law is to further improve the investment climate in line with the general policy of the country to support local entrepreneurs and foreign investors.


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Key contacts

Yana Dianova

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

Moscow

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