25 january 2018
Anna Ustyushenko, INTELLECT-S, hold a workshop in Ekaterinburg on prevention and consequences of employment disputes.
Employment disputes: Prevention and consequences. Case law. Government supervision. Compliance
10.00 a.m.- 4.45 p.m. January 25, 2018
Urals CCI Conference Hall, 19a, ul. Narodnoy Voli, 8th Floor, Ekaterinburg
Organized by the Urals Chamber of Commerce and Industry
1. Causes, grounds and origins
- Unmotivated refusals to hire, hiring with strings attached, probation. How to motivate refusals to hire: practical advice. Errors in documenting hiring and employment; consequences.
- Disputes arising out of adoption of new professional and trade standards. Complicated dismissal issues in disqualifications and employees' unfitness for jobs as per performance reviews.
- Non-compliance with the law and procedure in the termination of employments by employers: winding up and dissolution, downsizing, etc.
- Resignation and termination of employment by mutual accord. Risks and consequences. Errors in documenting the termination of employment (work record books, delayed payment, mismatches between dates of termination of the employment contract and dates of actual dismissal, service of notice of dismissal etc.).
- Unlawful changes of the terms of employment: transfers, unpaid furloughs, shorter hours, short weeks, changes in the size of system of remuneration.
- Non-compliance in taking disciplinary actions: unmotivated transfers, dismissals for wrongful conduct, etc. Proceeding disciplinary offenses and subsequent dismissals. Notices (orders) of disciplinary actions. Gross misconduct in the workplace: how to proceed and document it to make admissible evidence in court.
- Holding employees wrongly liable for damage (full and limited liability).
- Consequences of violations of laws governing remuneration and compensations. Review of recent legislative amendments.
- Employers' errors in authorizing leaves. Educational leaves.
2. Prevention of disputes
- Good employment contracts as basis for dispute-free employment. Mandatory terms and conditions reducing the risk of subsequent disputes. Typical mistakes in drafting and executing employment contracts. Review of relevant case law.
- Resolving and prevention of disputes on the basis of internal policies and procedures. The importance of clear and transparent HR documentation. Job descriptions: basic rules and drafting procedure.
- Documenting situations which trigger disputes. Making employees aware of the contents of documents: points to address.
- Protection against abuse of rights by employees.
3. Consequences for employers. Case law
- Reinstatements in employment. Unlawful dismissals. Amending dismissal dates and grounds. Recovery of unpaid remuneration.
- Disciplinary and financial liability of employees. Employers' rights to disciplinary action. Procedures for disciplinary actions. Compensation of employers for material damage caused by employees. Remission of disciplinary actions. Relevant case law.
4. Official supervision over employment compliance. State Labor Inspectorate checks. Forms and procedures of checks
- Powers and authority of the State Labor Inspectorate. Rules governing scheduled and unscheduled checks in the light of the Russian Labor Code's recent amendments. Preparing for checks. Defending employers in the process and upon completion of checks.
- Review of supervisory actions. Employers' typical mistakes and violations of employment law found in the process of checks.
- Employers', CEO's and officers' disciplinary, administrative and other types of responsibility for violations of employment law. Procedures.
- Employees' complaints to the State Labor Inspectorate. Relevant case law and administrative practice and procedure. Employment disputes and their resolution: deadlines, procedures and consequences for employers. Measures and actions against abuse of rights by employees. Documenting situations which trigger disputes.
- Anna Ustyushenko, Esq., INTELLECT-S's partner, head of the employment practice, business consultant and author of publications on employment law, practice and procedure
- Andrei Sundukov, Chief Inspector, Compliance Division, State Labor Inspectorate for the Sverdlovsk Region