1 / 9

Basic Labor Law Compliance with a Limited HR Management Function

AmCham HR Conference 17 June 2005, Moscow. Basic Labor Law Compliance with a Limited HR Management Function. Marina Ryzhkova, advocate. Юридическая фирма года в Восточной Европе. Labor Law Compliance. How important is labor law compliance for employers ?

fergal
Download Presentation

Basic Labor Law Compliance with a Limited HR Management Function

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. AmCham HR Conference 17 June 2005, Moscow Basic Labor Law Compliance with a Limited HR Management Function Marina Ryzhkova, advocate Юридическая фирма года в Восточной Европе

  2. Labor Law Compliance • How important is labor law compliance for employers? • Most common consequences of noncompliance with labor law: - Disputes with employees (including litigation); - State Labor Inspectorate audits; - Penalties on employer or employer’s officers; - Increased costs.

  3. Labor Law Violations:Substantial vs. Technical • Substantial violations: clear infringement of employee rights. Examples: - Wage arrears; - Failure to settle accounts with dismissed employees fully and promptly; - Failure or delay in returning “labor book” (trudovaya knizhka) to employee upon dismissal; - Breach of contractually-established work routine (or work routine not conforming to statutory requirements); - Refusal to grant vacation.

  4. Labor Law Violations:Substantial vs. Technical (cont’d) • Technical violations. Most common problem documents: - Employment contract: - Fixed-term employment contract (vs. open-ended) without lawful grounds. - Absence of substantial terms or conditions; - “All inclusive” compensation arrangements; - Employee’s agreement to all employer demands (overtime, etc.); - Deviation from statutory labor standards.

  5. Labor Law Violations:Substantial vs. Technical (cont’d) • Technical violations. Most common problem documents: - Staffing roster; - Code of conduct (none at all/improper content/employee’s acknowledgement); - Vacation schedule; - “Labor Book” and labor book movement record; - Personnel file cards;

  6. Labor Law Violations:Substantial vs. Technical (cont’d) • Technical violations. Most common problem documents: - Work time register (overtime, weekend/holiday work); - Settlement and payment journals (wages, vacation pay, temporary disability compensation); - Personnel orders; - Personal data regulation; - Receipts; - “Full material liability” agreements.

  7. Labor Law Violations:Substantial vs. Technical (cont’d) • Occupational safety & health violations: substantial and technical. • Importance of OS&H compliance: blue-collar vs. white-collar. • Strenuous/harmful/dangerous working conditions. • Organizing a corporate OS&H system: general requirements.

  8. Penalties for Violations of Labor Law and Occupational Safety & Health Laws • Administrative penalties; • Criminal prosecution. Identifying who is responsible for violations of labor law and occupational safety & health laws.

  9. Contact Information Marina Ryzhkova, advocate E-mail: mryzhkova@salans.com Tel: +7 095 258 3444 Fax: +7 095 258 3477 Salans 17/9,Gazetnyi Pereulok, 125009 Moscow Russia www.salans.com

More Related