Relations between subordinates and managers in Russia are regulated by the norms of the Labor Code. Hiring and dismissal, payment of wages, work and rest schedules are also regulated by this document. At the local level, relationships are secured by agreements or contracts.
Legal advice on labor legislation will be useful to both the employer and the employee in case of violation of any kind of acts or regulations. Cases of issuing money “in envelopes”, reductions without reason and delays in compensation can be appealed in court, and the help and support of a lawyer will be of help even in a very confusing situation. You can chat with a specialist online at prav.io. Professionals provide assistance free of charge and at a fixed price. The only difference is the speed of receiving a response. The cost of services is indicated on the website. A telephone conversation service is also available.
Help from a lawyer on labor law
It doesn’t matter whether an employment contract has been signed with you or not, any legal relationship between a citizen and an organization that pays him wages on a regular basis is regulated by the Labor Code of the Russian Federation. An employment contract between an employee and an employer is considered concluded from the moment the employee begins to perform his duties.
Labor lawyers are contacted in two cases:
- non-payment of wages (See the article on collection of wages and bonuses);
- forced dismissal or illegal dismissal (See article on reinstatement);
Of course, there are many other legal conflicts in the field of labor law, but they are less common.
Typical situations in which labor lawyers have already helped hundreds of clients
- The employer forces the employee to resign - he finds fault, insults, turns the team against the employee, fabricates violations of labor discipline.
- A conflict has arisen with the employer, and the employee wants to know what this situation looks like from the point of view of the law, and how to emerge victorious from this conflict.
- The employer is already preparing documents for dismissal.
- The employee agrees to be dismissed, but only if he receives good monetary compensation.
- The employer wants to recover money from the employee for damaged property.
- Upon dismissal, the company did not pay all the money it was supposed to pay.
- The employee and employer have agreed on dismissal, and the boss allows the documents to be signed. The employee wants to be sure that everything is fair and without pitfalls; he needs advice on labor issues and study of documents.
How to protect your labor rights?
As a rule, the employee is aware of an impending conflict with the employer. At this point, it is very important to prepare for the upcoming dispute. The employee must try to collect and keep all the documents that will later serve as evidence in the case and defend the employee’s position. This can include documents about the performance of one’s job duties, correspondence with the employer (electronic or paper), orders, regulations, regulations, payrolls, etc. If possible, it is advisable, from the very beginning of a conflict relationship, to record conversations with a representative of the employer, be it an employee of the HR department, your boss, the director of the company, or, in general, labor law lawyers hired by the company, on a voice recorder (telephone).
Let's not delay
You have only 3 months to file a lawsuit against your employer, and in cases of dismissal - only 1 month.
Let's not leave impudence and injustice unpunished.
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Where to go to resolve labor disputes?
Every citizen, in case of violation of his labor rights, can appeal to the Labor Inspectorate, the Prosecutor's Office or the Court. Appealing to the Labor Inspectorate or the Prosecutor's Office is possible either independently or by using the services of a labor law lawyer. The complaint must state all the facts of violation of your rights by the employer, indicate your last name, first name and patronymic, as well as all your contact information, the full name of the organization where you work and its location. As a rule, an indication of the violated rules of law and references to the law are not required. Employees of these departments are themselves competent lawyers in labor disputes. However, you need to understand that an appeal to the Prosecutor's Office or the Labor Inspectorate can be effective only in cases where the employer's guilt does not need to be proven, i.e. a clear violation of labor rights. Otherwise, if employers put forward their version of events, resolution of labor disputes is possible only in the Court.
The labor inspectorate is obliged to accept your complaint against the employer and inspect the company for violations of labor laws not only in relation to you, but also in relation to the entire company as a whole. As a rule, the labor inspectorate issues an order to eliminate violations of labor legislation and imposes a fine on both the organization and specific officials.
The prosecutor's office, upon receiving a complaint from an employee, as a rule, forwards it to the labor inspectorate. The prosecutor's office, as a rule, deals only with labor disputes related to mass non-payment of wages, mass illegal dismissals, as well as cases falling under the Criminal Code.
The court is the only body that is fully competent to consider all types of labor disputes. Its decisions are binding on all citizens and organizations and are executed unconditionally. It should be remembered that the deadline for filing a claim in labor disputes is three months from the date of violation of the right, and in disputes about dismissal - one month.
We won’t tell you what good labor lawyers we are. Just look at the facts
Former assistant judges
This experience is worth a lot. We know how the courts actually work, we know winning legal moves and we anticipate the actions of our opponents. We know the timing of this or that action not according to the law (we also know according to the law), but how it happens in practice. You know in advance what will happen and how.
We consult via Skype
You can get consultations via Skype or in our office, whichever is more convenient for you. There is no need to go to the office if you can resolve your issue via Skype. Minimum hassle.
Won 100% of the cases we took on
There is nothing surprising. Firstly, we take on those cases that can be won and immediately honestly say that we will not take on if the case is a losing one. And secondly, such a high percentage of victories is another consequence of working in the courts and knowing the entire system “from the inside.”
How can a labor lawyer help?
We have been protecting citizens in labor disputes for many years. Practice shows that you absolutely require legal assistance to protect your interests. You cannot independently confront lawyers and the personnel service of your organization in court; in most cases, you are deprived of access to the necessary documents, video recordings, and you do not have to rely on the testimony of your colleagues.
What should a good employment lawyer do? Collect all possible evidence, force the employer to restore your rights through negotiations, contacting the competent authorities, or winning the case in Court.
What problems do labor dispute lawyers in Moscow solve for employers?
1. We help you fire a problematic employee
Sometimes you have to fire employees. This is unpleasant and can have consequences. If legal mistakes are made during dismissal, the employee will go to court. There is a possibility that the court will reinstate him. You don't need such turns, do you?
We will help you deal with problem employees and complete all dismissal documents flawlessly.
2. We win court cases brought against employees’ claims for reinstatement at work
If the employee wins, it will result in big expenses for you. It will be necessary to pay for forced absenteeism, moral damages, and expenses for the employee’s lawyer. And besides, the employee will triumphantly return to his place. How will this affect the atmosphere in the team and your authority?
Labor lawyers analyze the situation, study documents, evaluate judicial practice - and win cases in favor of employers. Your authority will be unshakable.
3. We win in court when a job candidate demands an employment contract be concluded with him
There are situations when a job candidate believes that based on the results of the interview, you are simply obliged to hire him for a vacant position. He goes to court with a claim to force him to conclude an employment contract. But why on earth would you do something you don't want to do?
We will prove in court that the requirements of the vacancy and the business qualities of the candidate are incompatible things. Therefore, refusal to hire is fair and legal.
4. We help you safely impose disciplinary action
Any disciplinary sanction can be appealed. Didn't ask for an explanation? No violation report? Was the collection order drawn up incorrectly? The court may cancel the penalty, and the employee will emerge victorious from the situation.
We won't allow this.
5. We recover material damages
To recover damages from an employee, you need to do 2 things: prove that the employee is guilty and establish the amount of damage. To do this, we need inventory results, explanatory ones, and we need to create a commission. All these actions must be properly executed. Errors in registration can be expensive - it will not be possible to recover damages.
Labor lawyers will ensure that all documents are completed flawlessly, and the employee will have to pay for the damaged property.
6. We help you successfully pass the inspection initiated by the labor inspectorate or the prosecutor’s office at the request of the employee
Problematic employees, especially those dissatisfied with their dismissal, write complaints to the inspection government agencies. They initiate a case against the employer and ask to submit a whole bunch of company documents for verification.
In such cases, we, defending the employer, help inspectors understand the reasons for the complaint and the situation as a whole. Calm, constructive and with a good ending.
7. We will appeal the orders and decisions issued by the government agency after the inspection
It happens that people turn to us for help with documents from inspectors - with orders, decisions on fines. We help to cancel (cancel) such documents if they are illegal or unfair.
8. We provide clear and precise advice on labor law issues
Essentially, these are ready-made solutions - how to get out of a bad situation without losses (or with minimal costs), or how to avoid getting into such a situation at all.
9. We prepare competent personnel documents
We develop employment contracts, internal regulations, instructions, orders and much more. Clear and easy-to-use documents. Without water and unnecessary volume.
We are 99% confident in a favorable outcome of the case. Why? Read below
Former assistant judges
Labor lawyers from the Pashkova and Partners bureau worked as assistant judges before going into private practice. This is a great advantage in any legal dispute. After all, we know the courts “from the inside”, we know how court decisions are actually made. And we use this in our private practice.
12 – 19 new clients annually
More often than once a month, we have a new client with a labor dispute. Therefore, we are constantly on our toes. And willy-nilly we follow trends in judicial practice and changes in the Labor Code.
Let's not take on a failed business
Labor lawyers are not magicians. Lost causes exist that simply cannot be won. And no knowledge of jurisprudence will help here. Therefore, we are not going to promise the impossible. We promise something else - if your case is hopeless, we will immediately tell you about it. We will not sign an agreement, take payment, and then lose the case and throw up our hands, citing the judge’s bad mood. Our principle is different - it’s better not to take on a case than to lose it! Reputation is more important to us.
Lawyer's help for employers
In many cases, when a conflict with an employee reaches court, it turns out that the employee is better protected by law. In addition, there is a category of people who are ready to contact government authorities at the first sign of violations and demand payments. Our labor lawyers will help you assert your rights.
Legal assistance is required for employers in the following cases:
- You need to lay off an employee.
- The employee violates the terms of the employment contract and does not fulfill his duties.
- Your organization is inspected by the prosecutor's office and/or labor inspectorate.
- You have been sued for causing material damage to an employee.
- The employee is trying to challenge the terms of the employment contract.
- An employee discloses confidential information.
Qualified legal assistance is in demand not only when problems arise, but also as a measure of their prevention. At your request, our lawyers will provide a free consultation, help you draw up an employment contract and other documents in accordance with the requirements of the law, or analyze an existing database.
If you need to participate in court proceedings, we will collect the necessary evidence and defend your point of view, including in your absence.
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Basic services
Legal services for related categories of cases
- Resolving issues with payroll, advance payments, benefits and pensions
- Conflict resolution during hiring
- Appealing actions of the employer not related to the organization’s charter
- Representing the interests of the victim during meetings with the opposing party in the presence of lawyers
- Resolution of labor conflicts between workers
- Filing complaints and petitions demanding that the guilty party be brought to administrative or criminal liability
- Assisting in the reconciliation of the parties
Consultations of highly specialized lawyers
At the first stage, a meeting between the expert and the client is organized. It discusses issues of guardianship and trusteeship, concluding contracts, and protecting intellectual property. Lawyers often act as mediators in disputes with banks, prepare documents for arbitration and resolve cases related to inheritance. Legal consultation is the first stage in resolving a complex life problem. It is necessary to personally present the available facts to the specialist. He will analyze them, select an appropriate strategy for further action, and tell you what you can do and what you absolutely should not do. The specialist will explain in detail the rights and the possibility of compensation for losses incurred. Narrowly focused lawyers solve problems in the following areas of life:
- compensation for harm and moral damage;
- labor and financial disputes;
- conflicts related to the supply of goods and services;
- contradictions that arise when resolving migration and inheritance cases;
- disputes with contractors and partners,
- arbitration cases, etc.
Disputes and conflicts can drag on for many years. Therefore, you should seek specialist advice as early as possible.
