Russia has a very well developed Employment Law which covers the relations between companies and their employees. However, there are situations which are not covered by the Labor Code and which often imply disputes between employers and employees. If until now the resolution of labor disputes lied in the hands of Russian courts, in 2011 the Government enabled the new Mediation Law which covers most types of litigation, among which employment, family and commercial disputes.
Our Russian attorneys can offer information on the provisions of the law on mediation.
At this moment, the two main ways of resolving an employment dispute remain court litigation and mediation. The Industrial Court and the Labor Inspectorate are in charge with trying, respectively investigate labor litigation in Russia. Considering the Commercial Code provides for the establishment of private and public companies in Russia, it must be noted that the workers of public companies are also allowed to form trade unions which are allowed to participate and even mediate the resolution of any employment conflicts.
When it comes to court proceedings, it is usually the employer who must prove their innocence in a labor dispute in Russia. However, there are also cases, usually related to the dismissal of employees, in which the employer must prove they had the right to proceed the way they did. It is also important to know that court litigation can end with an agreement between the parties.
Our Russian lawyers can offer information on the situations which could lead to an employment dispute.
Mediation is now one of the most employed solutions when it comes to settling labor disputes in Russia. This is because there is no pressure on any of the parties, the procedure takes less and is also a cheaper alternative to a trial. The mediation of employment litigation in Russia implies a third party which comes with solutions to satisfy both parties’ claims. Even so, legal advice should be sought and a law firm in Russia could help in this kind of cases.
For full information on how to best settle labor disputes, please feel free to contact our lawyers in Russia.
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