Labor and Migration Law
Yakovlev & Partners Law Group has many years of experience in advising and resolving disputes in the area of labor relations and migration legislation. We can provide the following services for companies in the following branches of law:
- protection of the rights and legitimate interests of the employer if the employee is abusing his/her rights;
- support for the procedure of bringing an employee to disciplinary liability;
- support for the employee’s dismissal procedure;
- building relationships with the workers trade union;
- support for Rostrud inspections;
- protection of the rights and legitimate interests of the employer in labor disputes with the employee in court and the labor commissions;
- protection of the rights and legitimate interests of the employer in court in disputes with Rostrud and other supervisory bodies in case the employer is brought to administrative liability;
- independent audit of the employer’s compliance with labor legislation, analysis and identification of risks;
- comprehensive legal support for the employer in labor legislation;
- development of all types of labor contracts and local regulations of the employer required for the execution of labor relations and compliance with labor legislation;
- support for official inspections on violations of labor law;
- legal support for a special assessment of the working conditions of the employer.
- comprehensive legal support for the company’s activities in migration law;
- obtaining all necessary documents (work permits, permits to hire and employ foreign workers) for recruiting foreign specialists (including highly qualified specialists), renewal / extension of work permits;
- receipt of invitations for entry / visas for foreign citizens, extension of the validity of visas;
- support for the procedure for foreign worker quoting by the Russian employer;
- execution of temporary stay / temporary residence permits;
- support for procedures for registration of foreign citizens on the territory of Russia;
- ensuring the submission of all necessary documents required by law to the relevant state bodies when accepting foreign citizens for work;
- advising on the compliance of foreign employees with the rules of stay / residence in the territory of Russia, peculiarities of the legal status of foreign workers in Russia;
- support for inspections by migration authorities;
- protection of the employer’s interests in court in disputes with the migration and other supervisory authorities when bringing the company to administrative responsibility;
Projects implemented in labor law:
- Representing the interests of a major Austrian manufacturer of chimney systems in court in a number of disputes regarding reinstatement at work. The abuse by workers of their rights and their lack of legal rights to reinstatement was proved in the judicial proceedings;
- Preparation of a legal opinion for a foreign oil company on labor protection and hazardous work in the plant for the production and packaging of motor oils, including in explosive industrial facilities. Based on the prepared conclusion, the company was able to build a clear and systematic procedure for carrying out such work and to differentiate responsibility for labor protection with its contractors performing similar work on the company’s territory;
- Preparation of a legal opinion for a Japanese auto components manufacturer on the possibility of dismissing its employee for causing damage to the employer by his actions and stealing confidential information. Based on the results of services rendered, the employer could avoid the violations of labor legislation in the dismissal of the employee. Labor relations were terminated by agreement of the parties;
- Building relations with the trade union of workers on behalf of a large printing plant, negotiations, elimination of the abuse of rights by the trade union. The effect of balancing the interests of the employer and employees represented by the trade union has been achieved;
- Preparation of a legal opinion for an employer (Danish manufacturer of food additives) on the possibility of dismissing an employee for violation of labor discipline. Based on the results of services rendered the employer could avoid violating labor legislation in the dismissal of the employee. Labor relations were terminated by agreement of the parties;
- Representing the interests of a large Finnish manufacturer of thermal insulation materials to challenge in court the refusal of the migration authority to issue work permits to citizens from non-CIS countries that were outside the quota for engineering specialties within the investment project for the construction of the plant. The refusal of the migration body was due to the fact that the education of foreign citizens did not meet the professions for which they were attracted by the employer. The court recognized the disputed refusals unlawful and indicated that the migration authority cannot assess the qualifications of the foreign workers employed by the employer.
- Appealing against court decisions on the ban on entry into Russia made against a married couple, citizens of Serbia, employees of a Croatian auto components manufacturer. In two identical administrative cases, the court issued different decisions on the complaints submitted. As a result, one ruling of the court of first instance on the ban on entry into Russia was canceled on appeal, the second only in a court of supervision. After that, legal support was provided for the procedure of opening entry to Russia.
- Support for the inspection of the migration authority with respect to a Japanese non-profit organization located in the Sakhalin region and attracting Japanese nationals to work. As a result of the inspection, no sanctions were applied to the employer or foreign workers.
- Development of an action plan for an employer (a Japanese company) in connection with the need to rotate foreign workers from several branches of the company in some regions of Russia to other branches of the company located in other regions of the Russian Federation.
Projects implemented in migration law
Yakovlev & Partners Law Group with its many years of experience in advising and resolving disputes is ready to provide services in labor relations and migration legislation, in particular, for individuals specified in this section.