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Labour relations
The labour relations (in the special sense) mean a set of relations
related to establishment of control over the labour processes inside
a business organisation (to be regulated by the Labour Code of Russian
Federation).
The experts of FORPOST Legal Consulting Firm have accumulated
and systematised the unique experience in the personnel audit, settlement
of labour conflicts, audit of personnel correspondence and documentation,
in accordance with the Labour Code of Russian Federation.
The labour relations are determined by the following factors:
- distribution of functions by and between the employees;
- regulation of the labour rhythm and intensity;
- creation of the necessary labour safety conditions;
- estimations of the volume and quality of the produced works;
- disciplinary sanctions; and
- system of labour remuneration.
Labour relations: regulation and audit
Since February 2002, the labour relations have been regulated
by the new Labour Code of Russian Federation. The stricter requirements
of this Labour Code to the personnel documentation, careful attention
of the controlling authorities, and increasing powers of the Federal
Labour Inspection require the responsible attitude of the administration
of legal entities of any ownership form to the personnel correspondence
and documentation.
In this connection, FORPOST Legal Consulting Firm provides the following
services:
- development of documentation, including labour agreements,
official instructions, and any other documents, which may determine
the labour relations, in accordance with the Labour Code of Russian
Federation;
- provision of expertise (audit) of the available corporate personnel
documentation (labour agreements, official instructions, etc.)
with respect to compliance thereof with the requirements of the
Labour Code of Russian Federation;
- development of recommendations for correction of the detected
defects in the personnel documentation (labour agreements, official
instructions, etc.);
- qualified assistance and representation at the court in the
case of the labour conflict arising between the employee and employer;
- development of recommendations for optimum corporate application
of the new provisions of the Labour Code of Russian Federation;
and
- qualified assistance for preparation of the personnel solutions
for the purposes of compliance with the requirements of the Labour
Code of Russian Federation.
Labour conflict and settlement
The new Labour Code of Russian Federation, which regulates the
labour relations, prescribes serious requirements both to employers
and to employees, in particular, to the personnel registration documents
to be executed by the personnel services of companies.
Registration of the labour relations (personnel correspondence
and documentation) as well as discharge of employees, in compliance
with the requirements of the Labour Code of Russian Federation,
is controlled by the auditing organisations: tax authorities, representatives
of the Social Insurance Fund, Pension Fund, and Public Prosecutor's
Office. If a labour conflict might arise and an employee might be
discharged without the appropriate grounds, a company may come across
some problems.
In this field, the most active work is carried out by the inspectors
of the Federal Labour Inspection, including numerous qualified lawyers.
At the present time, the governmental enterprises are actively audited
by the Accounting Chamber with respect to compliance of the registered
labour relations with the Labour Code of Russian Federation.
Furthermore, we observe an increase in the legal activities of
employees, who, in the case of their labour conflicts, appeal for
protection of the own rights not only to the Federal Labour Inspection,
but also to the court. For this purpose, the grounds for such appeal
to the Federal Labour Inspection or to the court may be created
not only by illegal discharge or breaking the own obligations by
the employer under the labour agreement.
Defending the legal grounds of the own actions for settlement
of the labour conflict, the employer is obliged to provide the auditing
authorities or court instances with the documented confirmation
of the administrative decisions made by the company management,
facts and events taking place in the corporate life, documents fixing
relations with the employees (labour agreements, official instructions,
etc.), achieved agreements, and other procedures, which may be prescribed
by the current laws.
FORPOST Legal Consulting Firm will provide the necessary legal
assistance for the purposes of filing the personnel documentation,
settlement of labour conflicts, and representation of the client's
interests at the court. The experience of our Firm lawyers as well
as perfect reputation thereof will serve you the guarantee of the
best solution of any problem.
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