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Hiring and firing in Yekaterinburg, Russia, are governed by the Russian Labour Code (Трудовой кодекс Российской Федерации), which sets out the rights and obligations of both employers and employees. This comprehensive set of rules applies throughout Russia, including Yekaterinburg, the administrative center of the Sverdlovsk Oblast. The Labour Code covers various aspects such as contracts of employment, working hours, leave entitlements, termination procedures, and employee protections. Compliance with these regulations is essential for companies operating within Yekaterinburg and any infringements can lead to legal disputes.
Common situations where individuals or companies may require legal help in the field of hiring and firing include drafting or reviewing employment contracts, managing disputes concerning unfair dismissal or discrimination, navigating redundancies and mass layoffs, and ensuring compliance with local employment regulations. In Yekaterinburg, where the local economy spans diverse sectors such as heavy industry, engineering, and IT, legal complexities may arise given the various employment practices in these fields. Additionally, changes in legislation or difficulties with trade unions can prompt the need for specialized legal advice.
The key aspects of local laws relevant to hiring and firing in Yekaterinburg are encompassed by the federal Labour Code. Employers must adhere to strict procedures for employment agreements, which must be in written form. Terms of employment, including job description, salary, working hours, and grounds for termination, must be clearly stipulated. Firing employees typically require a valid reason such as redundancy, mutual agreement, or employee misconduct. Employers are also required to provide notice periods and severance payments, depending on the circumstances of termination. Hiring non-Russian citizens involves additional immigration procedures such as acquiring work visas and work permits.
An employment contract in Yekaterinburg must state the job position, job functions, working conditions, salary, and other compensation, as well as the rights and responsibilities of both parties.
No, employers must have just cause to terminate an employee, such as redundancy, failure to perform job duties, a mutual agreement, or a serious breach of contract.
The standard notice period for termination by an employer is at least two weeks, although this can vary depending on the employment contract and circumstances surrounding the termination.
Severance pay is typically granted in cases of redundancy or certain other types of termination. The standard severance pay is at least one month’s salary, but this can vary based on the tenure of the employee and the specific terms of the employment contract.
Unfair dismissal can include termination due to discrimination, wrongful accusation of misconduct, refusal to perform work due to unsafe conditions, and other dismissals without a just cause or without following the proper legal procedure.
As a foreign worker, you have rights similar to Russian citizens concerning termination of employment, including notice period, severance pay, and the right to challenge an unfair dismissal.
Employment disputes can be resolved through internal company procedures, mediation, or by filing a claim in the appropriate court or with the State Labour Inspectorate.
Yes, an employment contract should be in the Russian language. If necessary, a dual-language contract can be arranged, but the Russian version is the legally binding document.
Generally, terminating an employee during maternity leave or sickness is prohibited. There are a few exceptions, such as in the case of the company’s liquidation or the employee's gross misconduct.
Employees facing an unfair dismissal can seek assistance from a local employment lawyer, the State Labour Inspectorate, or a trade union organization for legal advice and representation.
For legal advice on hiring and firing in Yekaterinburg, resources such as the State Labour Inspectorate (“Государственная инспекция труда”), legal aid services, and professional legal advisors specializing in labor law can provide support. Trade unions and legal clinics associated with universities in Yekaterinburg may also offer guidance and assistance.
If you need legal assistance in hiring and firing, consider contacting a local attorney who specializes in labor law. They can help you navigate the complexities of the Russian Labour Code and provide representation if necessary. Documenting all communications with your employer and keeping a record of employment contracts and related agreements can also be beneficial. If seeking an informal resolution, approach the human resources department or union representative. For formal disputes, employees can file a complaint with the State Labour Inspectorate or initiate legal proceedings in the appropriate court.
