Review of changes and clarifications of Rostrud, judicial practice in labor legislation for 2024
A brief overview of the major changes in labor law in 2024.
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Increased salary requirements for foreign HQS employees from 01.03.2024
From March 1, 2024, the salary of a foreign highly qualified specialist will have to be paid at least RUB 750,000 per quarter (at least RUB 250,000 per month).
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Legal support of employee dismissal: analysis and finalization of documents, consultations and negotiations
Client
Russian company. Activities:
- Construction of residential and non-residential buildings
- Activities related to the use of computer equipment and information technologies
- Consulting on commercial and management issues
Objectives
- Dismissal of an employee due to failure to pass the probationary period for reasons of improper performance of labor tasks
- Analysis of documents, minimization of risk for the client in case of protection of rights in court in case of dismissed employee's appeal to the court
- Preparation of relevant documents and recommendations, negotiations for successful implementation of the dismissal case and mitigation of adverse consequences for the company
Work stages
- Analyzing existing client documents for a specific employee
- Recommendations on finalizing the necessary forms
- Development of a complete set of documents to be delivered to the employee, taking into account the deadlines for dismissal under this procedure
- Negotiating with the client, explaining the terms and conditions of the dismissal, and the latter when appealing the dismissal procedure
Result: after preparation and delivery of all necessary documents to the employee, the employee decides to terminate the employment relationship on his/her own initiative, without resorting to dismissal on the employer’s initiative due to failure to pass the trial period.
Legal support for the employer in the area of labor law in the process of staff reduction
Client
International company. Activities:
- Wholesale and retail trade in clothing and footwear in specialized stores
- Sale of products via the Internet
- Rental and management of owned or leased real estate property
Objective
- Resolution of individual labor disputes with an employee in connection with dismissal on the employer's initiative (staff reduction).
- Minimizing risks for the company in terms of fines, compensation payments, and reinstatement.
Work stages
- Analysis of documents prepared by the client for dismissal
- Negotiating with the client on identified violations and inaccuracies in the course of the redundancy procedure
- Study of the statement of claim to identify weaknesses of the plaintiff, preparation of the defendant's legal position, response to the statement of claim in order to maximize the client's defense and prevent reinstatement at work
- Finalization and development of necessary documents, identification of inaccuracies, preparation of a package of documents for the court
Result: successful conclusion of the case in favor of the company, dismissal of the claim in full.
Cancelation of employment contract with foreign employee (highly qualified specialist). Risks for employers
After having gone through almost the entire procedure for hiring foreign employees with the status of highly qualified specialist (including entering into an employment contract after receipt of a work permit for the highly qualified specialist being hired), the parties sometimes change their mind or the employee stops contacting the employer. In such case, the employer should cancel the employment contract, but this entails certain risks. In this article, we describe how to cancel employment contracts and avoid risks as well as heavy fines.
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Quotas for foreign employees in Russia – Procedure and Deadlines
In order to protect their domestic labor market, many countries – Russia included – set quotas for hiring foreign employees. Companies must therefore obtain an authorization from the state to hire foreign nationals who need a visa to work in Russia.
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Frequent mistakes made by employers in employment contracts
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