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Legal briefing notes

The importance of labor Lawyer

The value of a lawyer that is specialized in the area of labor legislation is that such a lawyer deals with labor disputes every day and keeps an eye on the legal practice of the courts in Voronezh. It allows you to spend less time and consider all the pitfalls of labor disputes and analyze the prospects.

The consultation of a labor lawyer gives confidence that the court doesn’t re-employ a worker who was fired because the employer violates the procedure of dismissal and disciplinary prosecution.

Interactions with the distant worker

The labor relationships with a remote worker have their specifics because the employee is not located in the area of the employer and as consequence, the control of his activity on implementation of working responsibilities is much harder.

For example, the employer gives a task to a worker to implement these tasks in time. The worker does his own business all day long and only at night implements the tasks of the employer and sends the result of work in the early morning with the note that he worked extra hours and that is why it must be paid double.

The mistake of the employer was that the labor agreement with the Distance Worker doesn't include the working hours and the extra hours are not defined. So if such conditions are provided in the labor agreement or in the regulations on remote working and the timing of reporting it will be easier to control the work and implementation of given tasks and the work will be more efficient.

The in-house lawyers because of their universality can not consider the specifics of the work of a distant employee and it can lead to labor disputes and financial losses.

Staff reduction of a company

Many employers do not attach importance to the procedure of staff reduction.

Typical mistakes during the procedure of staff reduction:

  • The deadlines of dismissal are violated without waiting for the two months since the day when the worker was informed;
  • none of the vacant positions is offered to the employee which was being reduced;
  • After the dismissal of the reduced employee the new staffing table is imposed;
  • During the procedure of dismissal of the reduced worker in the staffing table is imposed the new position with the same responsibilities of the reduced position;

The legal practice shows that any suppressing of the labor rights of an employee during the procedure of reducing can lead to the reinstatement of a worker in his labor rights and payment of the compensation for the period of enforced absence.

Announcement of downtime of a company

Could you announce of downtime of a company if during the procedure of staff reduction there is no work?

Yes, you could. The courts think that this way is legal and possible for an employer. So how could you form a downtime decree for a company in the right way? What documents do you need to prepare to confirm the downtime in case if an employee decides to challenge it? Should you announce the downtime before the procedure of staff reduction or during the procedure?

Quite often the employer does not attach any importance to these questions. Labour disputes in Voronezh are quite often delayed for long months or years.

Resolution of a conflict between an employee and employer

Let's imagine a situation that a worker does his work bad. The employer prosecute him but the explanations and reasons why the employee acted like that were not given. Do you think an employee can protect his rights in court? Certainly yes.

Another situation is when a head accountant transferred money to his/her bank account. Am employer finally finds out about it and decides to dismiss him and enforce the damage. But the head accountant is not financially responsible because such responsibility is not provided in his labor agreement. By the way, the head accountant worked out his labor agreement himself. The result is disappointing and it's impossible to get money back.

And another example is when an employee gets money in an envelope from the card of a director. An employee thinks that it's his salary but the director doesn't agree. So he appeals to the court to enforce the enrichment back that the worker got. To prove the rights of a worker in the court he needs a qualified labor lawyer.

How we can see that the labor disputes in Voronezh are quite various. That's why the services of a labor lawyer can help minimize the wastes on conflicts resolution.

The advantages of working with us

Working with the specialists of the Tsentralny okrug Law firm gives lots of opportunities:

  • you save your time and the involvement of a client in the process is minimal;
  • we accompany the procedures of staff reduction and dismissal;
  • there is no need to prepare full package of documents on intersections with the distant worker;
  • we minimize the risks of employees appeals in case of legal dispute on reinstatement;
  • Preliminary identification of prospects of legal proceedings in labor disputes.
Do you have a difficult question? let's discuss it when we meet!