Labor and migration law
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Legal assistance on Labor and Employment Law
James Goodnight once said that “every night 95 percent of all my company assets go home by cars»
The basic capital of any business is people. One should learn to negotiate with this capital. In the view of this regular collaborative procedures between employee and employer are worked out through the creation of local normative acts, collective agreements, labor union organizations.
The template for efficient system of personnel development is deep insight of Labor Law special aspects.
96% of disputes with employees are related to irregularities in staff paperwork.
The whole list of staff documents for labor inspection audit consists of over 80 items.
Employer casual attitude to the issues of registration of labor relations and correct personnel paperwork leads to 98% of court disputes won by employee, since labor legislation is more favorably disposed towards employee rather than employer.
Timely apply to our law company will help raise employer chances of winning in dispute with employee.
What we can do to help
Over 20 years of specialization in dispute settlements enable us prepare documents to a high standard, identify weak points, minimize risks of labor disputes, disputes with labor inspection, but should any occur settle them with minimal losses and costs for the client.
Why do you need to apply for legal services to our company?
- We specialize in this type of disputes and document preparation.
- We have been against 32 labor inspections with over 700 employees, among them:
- 26 inspections – done successfully with warnings issued only;
- 6 inspections – we managed to cut down penalties by more than 60%.
Local normative act is a type of document that rules labor norms. It is accepted by employers within their competence in accordance with labor legislation and other normative acts containing norms of labor law, collective agreements, and contracts. Local normative acts regulate and regiment activity of a particular company or organization, corporate labor policy norms, issues not covered by labor law norms.
Illegal dismissal is the termination of employment agreement made with violation of dismissal procedure established in accordance with labor legislation or made in the absence of grounds for dismissal. Article 77 of the labor Code prescribes the list of grounds for termination of employment agreement. Employment agreement can also be terminated on other grounds, but they must be provided for by the Labor Code or other federal laws.
In the event of deadtime employee must inform his immediate manager. Then the employer shall issue a local normative act – an order declaring deadtime and involved employees get to read and understand it against signature. It is necessary to inform employment service in case of total suspension of production.
Absence from duty is absence at workplace without any valid reason during the whole working day regardless its duration, as well as absence for more than 4 hours at a time. Before dismissal, employer shall demand arguments in writing from employee. Upon failure to get the arguments within 2 days, the employer compiles appropriate report. Upon receiving the arguments, the employer estimates the reasons of the absence. The dismissal shall be applied latest one month after the date of absence. The order for dismissal shall be introduced to the employee against signature within three working days, in case the employee refuses to read and sign it, the employer compiles appropriate act.
For part-time employment employee needs the same package of documents as for general employment except for record book. In case of part-time work requiring special skills, the employer has the right to request education and qualification confirmation documents or a duly certified copy from the employee, and in case of work with harmful or dangerous conditions – reference from primary employment about job description and conditions.