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.
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.
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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On 5 October 2018 Joint AmCham/BCC Career Fair was held in Baku, Azerbaijan.
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.
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.
On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.
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 (International Federation of Consulting Engineers and International Chamber of Commerce).
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.
On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.
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.
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.
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.
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.
On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.
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.
Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.
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
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.
Dmitry Samigullin spoke on Business setup in Russia in Zurich.
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”).
The Law on Amendments Intended to Improve Business Conditions (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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