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Julia Borozdna Head of Employment and Migration Law Practice Pepeliaev Group

Julia Borozdna Head of Employment and Migration Law Practice Pepeliaev Group. EMPLOYMENT DISPUTES: New Law on Mediation Latest Court Practice Recommendations. AmCham Annual HR Conference - October 1, 2010. Topics for Discussion. New Law on Mediation:

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Julia Borozdna Head of Employment and Migration Law Practice Pepeliaev Group

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  1. Julia Borozdna Head of Employment and Migration Law Practice Pepeliaev Group EMPLOYMENT DISPUTES: New Law on Mediation Latest Court Practice Recommendations AmCham Annual HR Conference - October 1, 2010

  2. Topics for Discussion Employment Disputes New Law on Mediation: How to Use Mediators to Resolve Employment Disputes Employment Litigation: Latest Court Practice Practical Recommendations

  3. New Law on Mediation: How to Use Mediators to Resolve Employment Disputes New Law on Mediation & Employment Disputes • Key provisions of the Law • In force from January 2011 • Is it going to work? • What can already be done? 3 3

  4. Employment Litigation: Latest Court Practice 1. Different Salaries for the Same Job • A widespread headache • Discrimination? • Do the courts support it? YES!!!

  5. Employment Litigation: Latest Court Practice 2. Changing Employment Terms • Salary reduction • Agreement vs. Company Decision • Do the courts support it? NO!!!

  6. Employment Litigation: Latest Court Practice 3. Terminating for Unjustified Absence • No sick leave certificate • Unjustified absence? • Do the courts support it? NO!!!

  7. YES!!! Employment Litigation: Latest Court Practice 4. Electronic Means of Communication • Corporate E-mail & Web-Site • Is it reliable evidence? • Do the courts support it?

  8. Employment Litigation: Latest Court Practice 5. Formalistic Games • Golden Parachute & Salary Fluctuation • Mind the language! • Do the courts support it? YES!!!

  9. Practical Recommendations Rules for Success • Don’t fully rely on court practice • “Play” strictly by the rules • Formalize every single step in writing • Prepare documentary evidence on the spot • Select your witnesses with the utmost care

  10. Contact Details 54 Shpalernaya St. Golden Shpalernaya Business Center St. Petersburg 191015, Russia Tel.: +7 (812) 333 0717 Fax: +7 (812) 333 0716 E-mail: spb@pgplaw.ru  12 Krasnopresnenskaya Nab., Entrance 7 World Trade Center-II Moscow 123610, Russia Tel.: +7 (495) 967 0007 Fax: +7 (495) 967 0008 E-mail: info@pgplaw.ru www.pgplaw.ru 

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