Employment Disputes

A labour dispute in Russia moves fast and punishes delay. A dismissed employee has one month to go to court, and most other claims must be filed within three months, so the first step is to fix the dates and gather the papers while they are still available. Attorney Elena Petrova, a member of the Moscow bar, advises employees, senior managers and employers on disputes under the Russian Labour Code, including clients who work from California or run Russian subsidiaries from abroad.

The work covers unlawful dismissal, unpaid wages and bonuses, disciplinary penalties, discrimination claims and conflicts with chief executives.

Claims Brought by Employees

An employee usually goes to court for one of four reasons: reinstatement after dismissal, recovery of unpaid salary, cancellation of a disciplinary penalty or compensation for discrimination. Russian courts check whether the employer followed the procedure to the letter. A missing written explanation request, a wrong notice period or a failure to offer vacant positions during redundancy can be enough to void a dismissal.

If the court finds the dismissal unlawful, the employee may be reinstated and receive average earnings for the period of forced absence, plus moral damages. The employee may also ask the court to change the wording of the dismissal record instead of returning to work.

Deadlines That Decide the Case

The Labour Code sets short limitation periods, and courts apply them when the employer raises the point.

A missed deadline can be restored only for a valid reason, such as serious illness. Waiting for the employer to settle is not treated as one.

Disputes Involving Executives

A general director is an employee, but the rules differ. The Labour Code allows the owners to terminate a CEO by decision of the shareholders without stating a reason. In that case the director is entitled to compensation of at least three average monthly salaries, unless the contract sets more. Disputes arise over bonus schemes, golden parachutes, non-compete terms and claims by the company for losses caused by the director.

We review the corporate decision, the contract and the payment history. Where a company seeks damages from a former director, the defence often relies on the business judgment standard applied by Russian courts.

Defending Employers

For employers, most disputes are won or lost before they start. We audit dismissal files, redundancy procedures and disciplinary records, and prepare the documents for each step. When a claim is already filed, we check the procedure, collect witness statements and time sheets, and assess settlement options.

Foreign companies with staff in Russia often face claims connected to remote work, bonuses in foreign currency and termination of local managers. Russian mandatory rules apply whatever law the contract names.

Pre-trial Channels and Labour Inspection

Before court, an employee may complain to the State Labour Inspectorate or to a labour disputes commission if the employer has one. An inspection can lead to an administrative fine and an order to pay wages. For employers, an inspection often precedes a lawsuit, so the response to the inspector should be prepared with the later court case in mind.

How a Case Proceeds in Court

Labour cases are heard by district courts of general jurisdiction. The employee pays no state duty. The first hearing is usually preliminary, with a trial following within weeks. A decision can be appealed within one month after the reasoned judgment is issued, and a reinstatement order takes effect immediately.

Starting Work With the Attorney

Send the employment contract, the disputed order, pay slips and key emails. You will receive a written assessment of deadlines, risks and next steps in English or Russian.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.