Best Job Discrimination Lawyers in Moscow

About Job Discrimination Law in Moscow, Russia

In Moscow, Russia, job discrimination is regulated by a set of laws designed to promote equality and protect individuals from unfair treatment in the workplace. The Russian Labor Code is the principal piece of legislation that addresses issues of job discrimination, ensuring every employee has the right to fair labor conditions, compensation for their work without discrimination, and protection against arbitrary dismissal. Discrimination in Moscow is prohibited on the grounds of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, or any other circumstances unrelated to the professional qualities of an employee.

Why You May Need a Lawyer

You may need a lawyer in situations where you believe you have experienced unjust treatment at work due to your ethnicity, gender, age, disability, or any other protected characteristic. A lawyer can help if you've been unfairly dismissed, demoted, or passed over for a promotion. If you encounter hostile work environments, unequal pay for equal work, or harassment that may be linked to discrimination, legal assistance can be crucial in understanding your rights, gathering evidence, and representing you in court if necessary.

Local Laws Overview

The key aspects of local laws in Moscow that are particularly relevant to job discrimination include the following provisions of the Russian Labor Code:

• Article 2: Prohibits labor discrimination and promotes equal opportunities for all employees.
• Article 3: Establishes that everyone has equal opportunities to use their abilities to work, without discrimination.
• Article 64: States the employee's right to receive compensation for their labor without any discrimination.
• Article 136: Confirms that employees have the right to work in conditions that meet safety and hygiene requirements, with any discrimination leading to a deterioration of these conditions being illegal.
• Article 239: Gives an employee the right to refuse work if the employer has not fulfilled the terms of the labor contract, including any terms related to non-discrimination.

Frequently Asked Questions

What are the protected characteristics under Moscow's job discrimination laws?

Protected characteristics include gender, race, nationality, language, origin, marital and family status, age, health status, disability, social, property or official status, place of residence, attitude to religion, beliefs, affiliation or non-affiliation with public associations, and other personal attributes.

Can I file a discrimination complaint if I am a freelancer or contractor in Moscow?

Freelancers and contractors are not covered under the same labor laws as regular employees, but you may still have legal protection under your individual contract or other relevant civil laws against discrimination. Consulting with a lawyer can provide specific guidance based on your situation.

How long do I have to file a job discrimination claim in Moscow?

The statute of limitations for filing a job discrimination claim is generally three months from the date you became aware of the violation of your rights. However, it is essential to seek legal advice promptly to ensure the best chance of success.

What should I do if I am facing discrimination from a supervisor or manager?

If you face discrimination from a supervisor or manager, it’s important to document the incidents and approach your company's human resources department if one exists. In parallel, seeking legal advice can help protect your rights and navigate the reporting process.

Can I be fired for reporting job discrimination?

No, the Russian Labor Code protects employees from dismissal in retaliation for filing a discrimination complaint. If you are fired for this reason, it may constitute wrongful termination, and you should seek legal advice immediately.

What type of evidence is needed to support a job discrimination claim?

Evidence can include emails, messages, witness statements, documentation of your work performance, records of workplace policies and any disparate impact on specific groups of employees. A lawyer can assist in determining the relevant and admissible evidence.

Is harassment considered a form of job discrimination?

Yes, harassment that creates a hostile work environment or is based on any of the protected characteristics is considered a form of job discrimination.

What can I expect to happen once I file a job discrimination complaint?

After filing a complaint, an investigation may be initiated either by your employer or the appropriate government agency. If the case goes to court, it will be heard by a judge who will decide based on the evidence presented. A lawyer can guide you through the process.

Are there any anti-discrimination laws specific to the city of Moscow?

While there are no anti-discrimination laws specific to Moscow, the city operates under the broader framework of Russian federal laws and regulations, which apply uniformly across the country.

Can a lawyer represent me in all stages of filing and pursuing a job discrimination claim?

Yes, a lawyer can represent you at all stages of the process, from filing an initial complaint to representing you in court proceedings and any negotiations or settlements.

Additional Resources

For individuals seeking further information or assistance with job discrimination, the following resources may be of help:

• Russian Ministry of Labor and Social Protection
• The Moscow City Labor and Employment Department
• Non-governmental organizations specializing in human rights and anti-discrimination work

Next Steps

If you need legal assistance in Job Discrimination, the first step is to gather all relevant documentation and evidence related to the discrimination. Then, seek out a lawyer who specializes in labor laws and has experience with discrimination cases. They can assist in evaluating your case, advising on the merits of your claim, and representing you throughout the process. Remember to act promptly, as there are time limits on filing claims for job discrimination.