Labor law

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Labor law
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Labor law

In the process of employee’s performance of labor duties, conflicts may arise between him and the employer. In general, labor law is one of the most controversial. In the course of work, discontent often builds up between the parties. In order to resolve the conflict with minimal damage to both parties, it is advisable to involve specialists from the DTK Partners agency.

Employer lawyer services for employer

Each owner of the enterprise should protect himself in advance from possible problems with employees. Experienced Labor Lawyer:

  • will provide advice on the hiring and dismissal of specialists;
  • draw up a standard labor contract that protects the interests of the parties;
  • represent the interests of the principal in a dispute with employees;
  • help to draw up an agreement in case of guilty actions of the employee;
  • conduct mediation for out-of-court settlement of the dispute;
  • draw up a statement of claim for going to court;
  • represent interests in litigation;
  • exercise control over the execution of the judgment.

Every employer needs a trusted lawyer. DTK Partners Law Agency can provide both single services and full support of the company’s activities on an ongoing basis.

Legal services of an employment lawyer for an employee

Employees may also need a lawyer. A competent specialist can provide the following services:

  • legal analysis of the employment contract (to avoid violation of the rights of employees);
  • contesting the unjustified refusal of employment;
  • reinstatement;
  • recovery of compensation for involuntary absenteeism;
  • recovery of unpaid wages;
  • contesting an illegal entry in a work book;
  • challenging disciplinary action;
  • recovery from the employer for harm caused to the employee in the performance of duties.

If the employer agrees to a voluntary settlement of the dispute, then a lawyer will help to draw up an agreement that is beneficial for each of the parties. In case of refusal of an out-of-court decision, a specialist will help to initiate a lawsuit.

In this case, the lawyer will help recover the costs of the lawyer from the defendant. You will not incur extra costs.

Support for DTK Partners

In the event of a conflict between the employee and the employer, it is advisable to involve employees of DTK Partners.

In solving labor disputes in Moscow and abroad, we use the following methods:

  1. Peaceful settlement.
  2. Attraction of the Labor Inspectorate.
  3. Registration of a complaint to the prosecutor.
  4. Initiation of the trial.

Do not delay with a lawyer. The sooner the specialist gets involved in the business, the more likely it is to resolve the issue with less loss.

In accordance with the legislation of the Russian Federation, the following measures of liability may be applied to the employee:

1. Disciplinary action: The employer has the right to impose a disciplinary sanction on an employee in case of violation of labor discipline, provided for by labor legislation or local regulations of the organization.

2. Dismissal: The employer has the right to terminate the employment contract with the employee if he commits a serious violation of labor duties provided for by law, or if the employee systematically violates labor discipline.
3. Civil liability: If an employee causes material or moral damage to the employer, the latter has the right to compensation for the damage caused in accordance with civil law.

4. Criminal liability: If an employee commits a crime in the field of his professional activity, he may be prosecuted in accordance with criminal law.

These penalties may be applied if an employee violates laws, internal labor regulations of the organization, or the terms of an employment contract.

The grounds for dismissing an employee at the initiative of the employer in the Russian Federation are defined by labor legislation and may include the following categories:

1. Violation of labor duties: If an employee systematically or seriously violates his labor duties, does not comply with labor discipline, or ignores safety and health rules, this may serve as grounds for dismissal.
2. Failure to perform job duties: If an employee does not cope with the work assigned to him, does not achieve the required results, or does not fulfill his job duties, the employer may decide to terminate his employment.
3. Reduction of staff: If the employer decides to reduce the number or staff for any economic, organizational or technological reasons, the employee may be dismissed in accordance with the procedure established by law.
4. Liquidation of an organization: If an organization ceases its activities, the employee may be dismissed due to the liquidation of the enterprise.
5. Other circumstances: In addition to the listed grounds, there are other cases provided for by law, such as loss of confidence in the employee, commission of serious disciplinary violations, etc.
These grounds must be clearly defined and documented by the employer when deciding to dismiss an employee.