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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Commercial secret
I. Definition
Current legislation defines a trade secret as a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services or obtain other commercial benefit[1]. Read more
Increased fines for violations in processing of personal data
Federal Law No. 589-FZ from 12.12.2023 "On Amending the Code of Administrative Offenses of the Russian Federation" has been adopted.
Starting from December 23, 2023, fines for processing personal data without the written consent of the subject of personal data or in violation of the requirements for its execution are increased.
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.
Comprehensive review of all required internal regulations of an international company
Client
International company. Activities:
- Wholesale of industrial electrical equipment, machinery, apparatus and materials
- Manufacture of computers, communication equipment and spare parts and components
- Manufacture of instruments and devices for measuring, testing and navigation
- Electrical installation, sanitary engineering and construction works
Objective
Verification of missing internal regulations, the presence of which is mandatory for the company, verification of existing internal regulations for compliance with labor legislation, taking into account the latest amendments and additions, reducing the risks of bringing the company to administrative responsibility for violation of labor law. Read more about the service.
Work stages
- Examination of the presence of all minimally required internal regulations in the company
- Analysis and risk assessment of missing internal regulations, recommendations on their development
- Verification of the provisions of all existing internal regulations, making amendments and additions taking into account the current labor legislation
- Preparation of all missing internal regulations, updating of the existing ones to minimize the risks of bringing the company to administrative responsibility in case of detection of violations by the Labor inspection or prosecutor's office.
New application form for authorizations for transactions with non-residents and increased payments to the budget
On October 16, 2023, the official website of the Ministry of Finance published a new form required for submitting applications to the Government Commission for the issuance of permits for transactions with non-residents, the subject of which are stakes in Russian business entities.
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Risks of acquisition and use of databases containing personal data of potential customers
It is not uncommon for entrepreneurs to consider using databases of potential customers in their commercial activities. There are many different offers on the market to buy and sell databases of personal data, but when buying them, it is worth considering the legislation on personal data and its application to the buyer of such data. Let us consider the main problems that a buyer of personal data bases may face.
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From October 1, fines for employers for violations of military registration rules will increase
In 2023, there were significant changes in legislation regarding the maintenance of military registration. This applies to all employers who are legal entities.
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The government commission has updated the list of conditions for issuing permits to foreigners from unfriendly states to engage in transactions with shares and stakes of Russian companies
The Ministry of Finance of Russia has published an excerpt from the decision of the subcommittee of the Government Commission on Control over Foreign Investments in the Russian Federation dated July 7, 2023, No. 171/5, which updates the list of conditions for issuing permits to foreign nationals from unfriendly states to conduct transactions involving the sale of shares and stakes in Russian companies.
COVID-19 restrictions have been lifted
As of June 17, 2023, some resolutions of the Chief State Sanitary Doctor of the Russian Federation related to countering the spread of COVID-19 have been repealed (Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 15, 2023, No. 4).
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