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Legal briefing notes

Labor disputes with the employer

The dynamic of labor disputes in Voronezh represents that the reason for most of them is the recovery of unpaid salary and job reinstatement. Any labor conflict implies a non-juristic pressure by the employer's side. It can be creating psychological discomfort and the deprivation of unwritten rights and privileges and unreasonable and meticulous insistence, etc.

From the moment of the conflict and the continuation of working in the company, the worker should accomplish every requirement of the employer. It can help avoid reasonable counterclaims by the side of the employer.

The carefully designed strategy of labor negotiation with an employer, which is sustained by knowledge of pitfalls of labor legislation, helps to regulate labor conflicts in pre-trial order and to avoid additional costs. Quite often the effective way for affecting the employer is worker's appealing to the state authority. Our practice shows that the accurate way of interacting with the state authorities in most cases helps to resolve the conflict with the employer before the start of all legal proceedings.

Most labor disputes finish in favour of the employee, but it's important to seek the support of a qualified specialist in the area of labor legislation. Self-representation in court can be not so effective.

And don't forget that except for the personal dispute between the worker and employer sometimes there are also collective disputes in the companies between groups of workers and the employer. The subject of disputes can be long time disagreements related to any corrections or additional agreements or conditions of labor contracts. It can relate to the agreement at all but also to some terms of the contract for example the conditions of work or salary. The motif can be also the ignorance of the point of view of labor union organizations in the making or changing any existing legal acts that are related to labor activity.

Collective labor disputes can be resolved in some stages

  • hearing the dispute as part of the conciliation commission;
  • further work with disagreements in the labor arbitration or involving Representative of the Facilitator. The first stage is necessary.

Due to the carefully planned line of protection of collective interests and qualified specialist, labor disagreements can be regulated faster and more successful. Below there are terms of appealing to the court on the most relevant grounds:

  • non-payment of salary during a year from the day of the approved payment date;
  • appealing against disciplinary charges during three months since the worker was informed about it;
  • Reinstatement during one month since the provision of a copy of a dismissal order and issuing the labor card.

Failure to respect those time frames can lead to denial of lawsuits.

How can a worker be protected against labor rights violations

Carefully look over the conditions that the labor agreement includes. Pay special attention to the position, conditions of salary, guarantees and compensations, the date of the beginning of work, the order of payment of bonuses and information on compulsory social insurance. It is important when you look over the documents because the fact of signing the documents is the acceptance of an employee of all terms in the documents.

It is important to keep a copy of the labor contract and additional agreement (in case of their conclusion). If you don't have them you should address the employer with the statement of issuing the copy of the labor contract and the additional conclusions. In case of a contentious situation, these documents will be the main argument. During the look over of the job description, you should address the employer for an authenticated copy. This document determines your responsibilities. It is legally prohibited to ask for performance of duties that are not included in the job description or in labor agreement.

You should request in writing authenticated copies of documents that are related to your labor activity (hiring orders, documents on disciplinary sanctions, transfers to another job of the dismissals and certificates of salary) during the period of work.

According to the labor legislation in the Russian Federation within 3 working days since the issuing of the request on the provision of documents related to working activity the employer should give them to a worker. After termination of the labor agreement, the employer is not tied up in labor relationships and as consequence, it will be hard to receive the documents that a necessary for the protection of your rights.

How to file lawsuit against the employer

The distinct aspect of labor proceedings is a dispute with the director of the entity. The principal differences arise from the status of director that is different from other workers.

The termination of the labor agreement with the director is possible after the participants or shareholders make a decision. The director is able to receive the compensation in case of termination of the labor agreement. And the amount of the compensation can be less than threefold average salary.

But it is important to remember that the director has increased responsibility for the losses and it is not only according to the labor legislation but for any losses of the company that are provided in the civil legislation in the non-commercial and commercial organizations. A lot of disputes arise from these features both because of the conditions of termination of labor agreement and costs recovery.

Many employers don't pay attention to the labor rights of the workers and that is why violate them. And the worker often doesn't know about his rights for example compensations and guarantees including the possibility of protection of his rights with the help of labor unions.

Attorneys on labor disputes in Voronezh

The specialists of the Tsentralny Okrug Law Firm are ready to give consultation on questions of labor legislation and analyze the human resource documentation and the prospects of legal disputes, conduct the negotiations with the employer and prepare the necessary complaints to the Labor Inspectorate's authority and to represent your interests in the court. We accompany you from the moment of arising the dispute to the recovery of labor rights.

Author is Irina Volodina

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