The essential difference between civil law and employment law is that the principle of equality of the parties does not apply in case of the latter: in labor relations, one of the parties, the employee, is in a weaker position.
The law does its best to repair this injustice by giving more rights to the employee and charging the employer with additional responsibilities. Sometimes there is an overlap: the one who is weaker becomes the stronger one!
However, employment law contains provisions that are less “beneficial” for an employee than those in the civil law relations. For example, shortened statute of limitation on actions in connection with labor disputes.
As a result of this difficult regulation, the case law on labor disputes resolution is non-uniform. Anomalies may be both in favor of the employer, and in favor of the employee.
It should be borne in mind that the presence or absence of labor relations is not necessarily determined by the presence or absence of an employment contract written on paper. The law sometimes allows the court to reclassify relations from a “common” civil-law contract into an employment relationship. This question is quite subtle: some disputes on this issue reached the Supreme Court!
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A separate issue is the employment relations of organizations with their directors and other top managers. In this case, the employee can hardly be called the “weaker party”!
The forms of remuneration of such workers are also different: the amount often depends on the financial results of the organization in whole. One of the most delicate issues is the remuneration of top managers of companies when they are dismissed.
Is the salary of the CEO or the amount of his “golden parachute” justified? Is there a fair link between large payment and the management’s responsibility to act reasonably and in good faith? Should the law protect manager’s right for the “golden parachute”? There are no obvious answers to such questions.
All this means the need for special regulation of labor relations between the organization and its management. The current legislation does not offer intelligible solutions.
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Some issues of criminal law are interfaced with employment law. As it is known, the law in some cases provide for criminal liability of the CEO for non-payment of wages. And since non-payment of wages in Russia is a “politically charged” issue, the jail terms for this article are up to five years!
This rule is sometimes used illegally as a bargaining chip to pressure entrepreneurs. The task of the lawyers is to inform the principal about the risks and to achieve the due process of law in law enforcement agencies.
Bartolius is ready to represent the interests of CEOs in similar cases too.
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Our lawyers will develop strategy and tactics to protect the interests of the principal. We will help you carry out the necessary examinations, work with witnesses, collect and prepare evidence for the court.
We have experience in doing business in the courts in almost all regions of Russia and in the courts of all instances!
Employment disputes
— Legal assistance to the employers and employees
— Development of strategy and tactics of the process
— Assistance in the commission of examinations
— Witness interviews
— Collection and preparation of evidence
— Representation in courts of any instance and region
— Solicitation in the Supreme Court
