Labour and Employment
Sayenko Kharenko’s labour and employment law practice is one of the leading and largest in Ukraine, which allows us to handle multiple projects simultaneously. We go beyond the traditional scope of the labour/employment law integrating various employment related topics in our labour and employment practice. The firm’s labour and employment team closely follows the global employment law development trends, such as global trade union activities and equal employment opportunities. Our special focus in 2014-2015 is implications of the recently amended military service and mobilization laws on the Ukrainian employers.
Realizing that the Ukrainian labour/employment law, unlike many other areas of law, is highly dependent on the legal scholars’ commentaries and law interpretations, we build our team around the requirement of combining vast practical experience in handling the most sophisticated employment matters with profound theoretical knowledge of the labour law, which is rare on the legal market.
We are known for our innovative approach to all matters, from the complex know-how dismissals (including for violating the FCPA/UKBA/Ukrainian anti-corruption legislation provisions) to developing sophisticated corporate policies, regulations and other documents in the employment area.
We develop comprehensive implementation plans for the corporate policies and regulations (including those based on the global documents) to be user friendly and digestible for all employees of Ukrainian subsidiaries, including blue-collar workers. We use our expertise in personal data protection and anti-corruption areas as a workable tool for taking disciplinary actions against non-performing employees, including dismissals.
We support our litigation practice team throughout the entire process of litigating labour disputes. This cooperation results in the remarkable number of disputes resolved in favour of our clients. Notwithstanding our success in litigating various complex labour disputes, we believe in amicable dispute settlement and represent our clients in mediation proceedings. Some lawyers in our team are certified to sit as mediators and are experienced in employment mediation.
Sayenko Kharenko’s labour and employment team specializes in all areas of labour and employment law and provides a wide range of services to address the clients’ needs, including:
- labour/employment law compliance audits;
- due diligence reviews of labour law and labour law related liabilities in corporate acquisitions (including assessment of Ukrainian targets’ compliance with privacy/data protection laws and FCPA/UKBA /Ukrainian anti-corruption legislation);
- compensation and benefits, including executive compensation issues;
- disciplinary actions;
- all aspects of advising on trade union regulation and other employees’ representation matters, including consulting on global trade union activities and their implications on Ukrainian employers;
- bringing global employment/corporate policies and procedures of transnational companies in compliance with Ukrainian law;
- complex, know-how employee dismissals, including those caused by FCPA/UKBA/Ukrainian anti-corruption legislation related violations by top management of Ukrainian subsidiaries of multinational companies;
- redundancies and mass layoffs due to employer’s liquidation or business restructuring;
- advising on employing interns and temporary employees;
- advising on HR record retention issues;
- consulting on implementing ‘do not hire’ global policies in Ukrainian subsidiaries;
- drafting sophisticated employment agreements/contracts, job descriptions, employment termination agreements and other related documentation for CEOs, top management and other staff, as well as internal personnel policies and procedures, and collective bargaining agreements;
- adjusting global employee references release procedures to the Ukrainian data protection legislation;
- advising on military service and mobilization laws implications on employers;
- developing sophisticated internal regulations and related documents on protecting confidential information and commercial secret, in particular of companies subject to mandatory disclosure of public information;
- advising on engaging foreign secondees by Ukrainian companies and sending Ukrainian employees on secondment abroad;
- consulting on various aspects of the multijurisdictional employee transfers, including developing such transfers algorithms;
- advising on the personnel outsourcing, including on relevant cross-border issues;
- advising on employment and immigration law issues, and all other aspects of engaging foreign labour, including within the framework of the services agreements between the Ukrainian company and the foreign service provider entity;
- obtaining work permits and service cards for foreign employees and assisting them with various immigration law issues (e.g., obtaining D-type visas, temporary residence permits, permanent residence permits, etc.);
- advising on the specifics of Ukrainian workplace health and safety regulation, conducting due-diligence reviews of Ukrainian targets’ compliance with Ukrainian labour safety legislation, developing sophisticated labour safety policies and procedures, and adjusting global corporate workplace health and safety policies to Ukrainian legislation;
- advising on the equal employment opportunities policies and procedures, including on bringing the global corporate anti-discrimination policies and procedures in compliance with applicable Ukrainian laws;
- consulting on specifics of employing people with disabilities;
- representing clients in disputes with trade unions, including in labour disputes commission, court and mediation procedure;
- litigation and other dispute settlement, including employment mediation.
Svitlana Kheda, counsel heading our labour and employment practice group is an internationally recognized expert in the field with over 17 years of experience in this area of law. She is named as one of Top 2 labour law lawyers, according to Ukrainian Law Firms 2014, and recommended as one of the best labour law lawyers in Ukraine by Chambers Europe 2014, Best Lawyers International 2014 and the all-Ukrainian survey Client’s Choice. TOP-100 Lawyers in Ukraine 2012-2013. Svitlana is also a certified mediator at the Ukrainian Mediation Centre, experienced in employment mediation. She is a member of the IBA, Employment and Industrial Relations Law Committee and Council of the Employment Law Committee of the Ukrainian Bar Association. Svitlana speaks and publishes extensively (in Ukraine and abroad) on the topical labour/employment law issues. Ms. Kheda is an exclusive permanent author of the chapter on Ukraine published in The Employment Law Review, providing an overview of the labour and employment legislation in over 50 jurisdictions.
For the list of the selected labour/employment law matters and other additional information please consult P. 6 of our Labour & Compliance Brochure.