Practice Area
Employment and Labour
Relations between the employer and employees are regulated by labor law and are an obligatory and permanent component of the activity of any company.
We clearly understand that companies are interested in properly fixing labor relations with employees, taking into account the social responsibility of the employer, in developing and implementing the necessary personnel documentation, and in obtaining timely and full consultation of lawyers on labor law. Our partnership approach and constant working contact with our customers allows us to identify problems before they occur and take preventive measures.
When developing standard internal documents for the company, we take into account not only the requirements of labor legislation, but also the specifics of the industry, and the corporate culture of the company. As a result of this approach, the documents developed by us not only meet formal requirements, but are fully adapted to the real conditions of the company's operations.
Our lawyers in the labor law have high qualifications and vast experience in successfully representing the interests of employers in litigation on labor disputes. At the same time, the priority for us is to help clients to prevent labor disputes and out-of-court settlement of any complex situations between employees and employers.
- Development of standard labor documents
- Representation in the consideration of labor disputes
- Labor Audit
- Labor counseling
- Seminars and Practical Trainings on Labour Issues
Expierence
Our group consists of partners, lawyers and other experts with solid experience, Western education and an impressive list of completed mergers and acquisitions in Kazakhstan. In complex transactions, the M & A team is assisted by lawyers on other issues (tax, labor, and business law issues).
- Drafting standard employment contracts with various types of employees (executives, office employees, shift employees, part-time employees etc.), drafting the scope of documents that cover employment to termination – for a number of industrial companies as well as for service companies;
- Drafting the collective agreement for a chemical plant;
- Drafting of all internal settings/instructions/rules for large-scale uranium-producing companies;
- Conducting consultations and negotiations over signing of collective agreements in large-scale, Danish oil-producing companies.
- Conducting negotiations with government inspectors of labour on violation of labour legislation in the name of large-scale service companies;
- Legal advice for and managing of process of investigation of work accident in Atyrau Region;
- Representation of interests of a number of clients during process of litigation of former employees suits regarding illegal dismissals and their restoration to work;
- Legal advice for and representation of large drilling company on collective claim of former employers with regard to compensation payment;
- Employment dispute Kazakhstan between German oil company and top manager – a case between an employee and employer regarding compensation for forced removal;
- Employment dispute between international oil company and top managers – a case regarding allegation of misconduct of top managers and their subsequent dismissal;
- Employment dispute in Kazakhstan between large service company and several employees – a case under a collective claim of former employers regarding groundless claims on dismissal and payment of compensation;
- Dispute between trade union (of more than 3,000 employees) and oil and gas condensate project in West Kazakhstan (represented by its general contractor) – dispute regarding change in working conditions and increase in compensations and salaries;
- Represented interests of European oil company in a dispute between an employee and employer regarding compensation for forced removal.
- Labour due diligence for international shipping company;
- Labour due diligence on accuracy of document compilation during dismissal of employees with regard to oil-producing company’s move to Aktau city.
- Legal advice for uranium producing-company on termination of employment contract and terms of payment for extra work;
- Preparation of legal conclusion for service company in oil and gas sphere on possible termination of employment contract due to drunk appearance at place of work and imposition of disciplinary penalties;
- Legal support on business issues for European insurance company on employment and litigation issues;
- Preparation of legal opinion for the large uranium producer on compensation payment scheme for employees for extra work and work during vacation time, and compensation for unused vacation time in termination process;
- Preparation of legal conclusion, including summary tables on alternative ways of implementing labour activity in Kazakhstan for expatriate specialists without obtaining work permits;
- Legal advice for international service company on the compliance of its corporate policies with the legislation of Kazakhstan (Alcohol and Drug Standards Policy, non-discrimination, ethics and anti-corruption etc.);
- Preparation of legal conclusion on payments to rotational employees, including vacation payment, taking into account regional compensation requirements for European oil company;
- Preparation of legal conclusion on receiving corresponding consent from employees to issue internal act on labour condition change for service company (which works afloat);
- Legal advice on process of dismissal and employment at the sale of the participation interest in the Production Sharing Agreement on oil extraction in a West Kazakhstan oilfield.
- Organization and conduction of seminars and round tables in various companies to attract as practical lawyers, as representatives of government inspections and developers of labour codes.
