Consulting on labour issues
Lawyers of ARNA PARTNERS have extensive experience in consulting clients in the field of labor law, including the analysis of non-standard situations and providing the optimal ways of their settlement.
Lawyers of ARNA PARTNERS offer to their clients detailed and clear explanation of the labor law provisions, taking into account the settled procedure of the law enforcement and the current judicial practice.
Employment contract is the main document between the employee and the employer, regulating rights and obligations of employee and employer, amount and procedure of salary payment, work and rest mode and other obligatory aspects of the employment relationships.
In this field ARNA PARTNERS has the following experience:
- drafting typical and non-standard employment contracts;
- drafting documents for the prolongation of the employment contract;
- drafting documents for amending terms of the employment contract;
- drafting documents for termination of the employment contract, etc.
Internal regulation is a mandatory document that regulates the relations on the labour organization of both employer and employees. Non-compliance with internal regulation may lead to the disciplinary sanction.
ARNA PARTNERS provides to its clients the services on drafting the internal regulation, considering the specifics of client’s sphere of activity and work principles.
Also, lawyers of ARNA PARTNERS analyze client’s existing internal regulation on the matter of its compliance with the requirements of the legislation and offers recommendations for its improvement.
Job description is an internal document of the company, which defines the basic work functions and responsibilities of the employee. In fact, job description specifies the competence of the employee and the ways of its implementation.
ARNA PARTNERS drafts the job descriptions for its clients based on corporate requirements and client’s preferences.
In addition lawyers of ARNA PARTNERS analyze client’s existing job descriptions and provide their recommendations for its improvement.
Hiring procedure varies depending on different circumstances such as employee’s nationality, whether employee is hired on the new position, employment terms and etc.
ARNA PARTNERS consults its clients on the correct formalization of hiring procedure, creating employee’s personal file, fulfilling the certain procedural requirements (such as notification of the competent authorities, collection of additional documents from the employee and etc.) and any other matters that may arise.
Labour legislation establishes the grounds and procedure for termination of an employment contract that are obligatory for both employers and employees.
Violation of the termination procedure or termination on the grounds not stipulated by labour legislation may lead to number of negative consequences for the employer such as administrative penalty, obligation to reinstate the employee in a job and pay him salary for enforced absence and etc.
In this area lawyers of ARNA PARTNERS consult clients on termination of an employment contract and provide services on drafting documents required for termination.
For violation of discipline or improper performance of work duties, employer has the right to impose on employees relevant disciplinary sanction.
Disciplinary sanctions include reprimand, admonish, severe reprimand and termination of an employment contract. No other action, including the imposition of fines, withholding of salary, additional operational duties, is not a disciplinary sanction and should not be applied.
Kazakhstan laws establish a strictly regulated procedure and terms of disciplinary sanction applying, and any non-compliance with that terms and procedure is considered as a violation.
In this area ARNA PARTNERS provides the following services:
- consulting on disciplinary sanction;
- analysis of the situation on rightfulness of the applied disciplinary sanction;
- drafting documents formalizing the disciplinary sanction, etc.
Lawyers of ARNA PARTNERS are highly qualified and have a wide positive experience in representing employer’s interests in labour disputes. Lawyers of ARNA PARTNERS actively participate in resolving labor disputes out of court, advising clients on considering the labour dispute in conciliation commission, as well as provide representation and protection of clients’ interests in the judicial proceedings.
ARNA PARTNERS in the field of labour disputes provides the following services:
- evaluation of the formed situation and preparation of strategy of labour dispute resolving;
- conducting the prejudicial settlement of labour disputes;
- accompanying during labour inspector’s audit and appeal of his actions/orders;
- drafting procedural documents and representing client’s interests in court.
In accordance with Labour Code of RK individual labor disputes are the subject to consideration by a conciliation commission, and regarding unregulated issues or non-execution of the resolution of the conciliation commission – by courts, except small businesses and the executive heads of the legal entity.
Conciliation commission is a permanent body of the company and consists of an equal number of employer’s representatives and representatives of employee elected in accordance with the established procedure.
Quantitative composition, work procedure, term limits and other matters related to the conciliation commission shall be established by agreement between employer and employee’s representatives, or by collective agreement.
ARNA PARTNERS provides services to its clients for the formation and regulation of the conciliation commission including:
- consulting on formation and day-to-day regulation of the conciliation commission;
- drafting documents for the formation of the conciliation commission;
- conducting employees’ meetings for election of their representatives and resolving other issues related to the conciliation commission;
- preparation of step by step instruction for independent formation of conciliation commission by client, etc.
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