Labor Practice

Russian Labor law

Savvy companies, whether foreign or domestic operating within the Russian Federation or the CIS states, understand that labor laws are not only stringent but strictly enforced. These companies know that violations of the labor law can cause not only civil and criminal penalties but may lead to expensive lawsuits or even the disqualification of a general manager.

Profitable companies also know that it is better to establish an organized plan of approach and to continually monitor human relations matters appropriately. They realize that sometimes an outside service can assist in maintaining the company goal of having a properly running HR department. WatersOAG labor practice was developed with this mission as its primary goal.

WatersOAG specialists work in the areas of labor, taxation and migration law as a whole or individually to suit your company needs. This work is complemented by experts specializing in human resources administration and the registration of work related labor documents for individuals. WatersOAG labor specialists have extensive experience in various areas directly related to labor law. The team members include professionals working in the theoretical application of the law while simultaneously providing years of practical experience in the field implementing projects of varying complexity and supporting day-to-day operations of HR personnel in even the most complex business situations.

Many of the WatersOAG professionals have worked on drafting elements of the labor code, offering legal opinions on employment law, writing specialized publications, and presenting at seminars and international forums on all aspects of employment law within the Russian Federation and CIS states. In addition these specialists have extensive practical experience in advising leading Russian and foreign companies on labor issues as well as representing them in the courts. They have represented both the interests of workers and employers as well as serving the interests of companies during inspections by government authorities on compliance with existing laws of the Russian Federation.

Key Areas of Support

Specific Services

  • Support of departmental personnel; advising on any and all labor related issues; drafting and analysis of regulations and individual documents for employment related issues
  • Supporting the HR department in the implementation of complex business solutions in the creation of joint ventures, corporate restructuring, and expansion into international markets and related issues
  • Strategic planning and implementation of large-scale events for personnel including changes in salary, transfer, reduction in or changes in the functions/job duties of employees
  • Examination of personnel documentation and the drafting and recovery of personnel documents
  • Maintenance of personnel records and functioning as an external HR service
  • Representation of client interests before, during and after inspections carried out by the State Labor Inspectorate or agencies of the FMS (Federal Migration Service)
  • Representation of the interests of the parties in labor disputes either within the framework of negotiating a resolution  or in court
  • Advising regarding issues of individual taxation including taxation of foreigners and the filing and submission of tax declarations with the government authorities as well as the calculation of taxes payable or refundable in Russia and the CIS states

Sample Representations

  • Advising on the planning, development and implementation of a strategy for the transfer of more than 2,000 employees involving a joint venture in the energy sector between a French company and a Russian TGC (Territorial Generating Company)
  • Advising on issues related to the renegotiation of collective agreements and negotiations with the union representing the interests of employees of a Russian airline company undergoing reorganization
  • Advising on issues related to the application of labor laws and providing/maintenance of HR service for a foreign company providing capital management services
  • Ongoing work on local regulations for large Russian and foreign banks
  • Successful resolution in court while representing the interests of an employer sued by a former employee with regard to labor/pregnancy issues
  • Negotiating with an employee on behalf of the employer regarding the termination of an employment agreement by mutual consent of the parties which resulted in reducing payment demanded by more than 1 million rubles
  • Conducting employment audits for a variety of Russian and foreign companies

This post is also available in: Russian

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Law Firm, Russia