Labor and Employment Law Definition
Employment relations are regulated by Russian Labour Code, other Federal laws and legislative acts of Russian governing bodies, as well as regional laws and legislative acts.
General requirements and procedures for hiring personnel, terminating of employment, changing terms and conditions of employment, implementing employment-related policies, concluding employment agreements, establishing work and rest regime, payment for labour, guarantees and compensations for employees, training employees, labour safety issues, and liability of employee and employer are set out by Russian Federal laws.
Regional legislation may set out specific regulations and requirements in some regions of Russia (e.g. guarantees and compensations for employees working in regions with specific climate conditions) and attorneys shall consider regional specifics at all times when an issue arises in the respective region.
The main regulators in the sphere of employment and related spheres are the Russian Ministry of Labour and Social Security, State Labour Inspectorate, Russian data protection authority (Roskomnadzor), and Federal Migration Service, which is currently under reorganization to be a part of the Ministry of Internal Affairs.
Labour law attorneys provide assistance to companies, top executives and their teams, as well as to other individuals; however, law firms normally focus on companies as their clients.
Legal advice is often required on such issues as developing employment documentation and policies in the course of hiring, changing employment terms and conditions, secondment, transfer or dismissal of employees, staff redundancies and work restructuring, defending the employer’s interests in the course of audits by a state regulator (e.g., labour inspection audit), or in handling issues with trade unions. Resolving sensitive or contentious employee-related matters normally requires labour attorney input at all stages, including in the course of court proceedings and at settlement, additionally to HR support.
Global and international companies operating in Russia through permanent points of presence (subsidiaries and branches) need to localize their policies to ensure compliance with Russian labour laws and regulations. Labour law attorneys assist non-Russian companies in adaptation and implementation of such policies in order to make them legal and enforceable in Russia.
Labour law attorneys need to possess a range of skills to assist in cases of sensitive or contentious matters with employees, ex-employees, and/or trade unions, including negotiation competences and expertise in Russian civil process.
Labour law Attorneys assist in liaising with trade unions. This normally includes agreeing provisions of the employer’s policies and local normative acts with trade unions, liaising in course of termination procedures or amending employment conditions of employees, and representing interests of the employer in case of conflicts with employees that are members of trade unions.
Due to increased significance of compliance issues, employee fraud investigations and HR audits often are led by labour law attorneys. Attorneys ensure compliance of investigative procedures with Russian labour, IP, criminal, data protection, and other laws at all stages.
Issues arising in context of employment relations in Russia may be connected with other spheres of Russian legislation, such as tax, immigration, IP, data privacy, and personal data protection. Labour Attorneys have sufficient expertise in these areas of Russian legislation in order to provide complex and comprehensive advice. In particular, attorneys assist in obtaining work permit and visa for employees being foreign nationals, ensure compliance with Russian data protection legislation in all aspects of processing and transfer of employees’ data, including automated processing with use of PeopleSoft, Workday, Oracle, SAP, etc.; protection of employer’s proprietary and confidential information; advice on tax consequences of payments to employees; and implementing motivation schemes and incentive programs.