Labour and Compliance

Sayenko Kharenko is the only law firm in Ukraine to have labour and compliance practice, which emerged from the firms’ labour and employment practice and its niche privacy/data protection and anti-corruption/anti-bribery practice groups. Our labour and compliance practice is headed by Dr Svitlana Kheda, an internationally recognized expert in all of the above areas of law. This allows us to handle simultaneously multiple projects, including large compliance projects requiring combined legal advice from the experts of our labour/employment, privacy/data protection and anti-corruption/anti-bribery practice groups. 
 
Our labour and compliance team is recognized for their business oriented, state-of-the-art and user-friendly approach to all matters. 
 
The team’s mission is raising standards in serving consumers of the labour/employment law and compliance advice by providing legal services of outstanding quality efficiently and professionally, striving to meet clients’ business needs.  
 
Our motto is working together with a client in developing workable solutions to identified legal issues. 
 
Sayenko Kharenko labour/employment team specializes in all areas of labour and employment law. In cooperation with our experts of privacy/data protection and anti-corruption/anti-bribery practice groups, it provides a wide range of legal services to address the clients’ needs, including:
 
  • labour/employment law compliance audits;
  • due diligence reviews of employment law liabilities in corporate acquisitions;
  • developing plans for payment of compensations and benefits;
  • analysis of violations of labour duties and labour discipline, as well as imposing disciplinary sanctions;
  • problematic dismissals of employees, including by reducing staff;
  • out-of-court know-how, dismissal of employees for violations of anti-corruption/anti-bribery legislation and the employer's compliance policies/procedures aimed at preventing (minimizing risks) the dismissal of guilty employees in court;
  • advising the employer on the practical issues of firing whistleblowers (in the understanding of the Ukrainian anti-corruption legislation), including in connection with possible problems of labour restructuring, related to the complaints of the whistleblowers at the time of the actual conduct of such restructuring;
  • developing and adjusting complex labour agreements (contracts), job descriptions and other documents regulating labour relations with top managers and other employees, taking into account the probability of their dismissal in the future (i.e. avoidance of the so-called "golden parachutes" that can have negative financial implications for the employer and, accordingly, complicated negotiations on termination on the terms of the employer);
  • developing and adjusting internal policies and procedures, including collective agreements, provisions on protection of confidential information, provisions on prohibition of discrimination in the workplace;
  • developing compliance programs in the field of personal data protection for Ukrainian companies, including drafting internal policies and procedures of the employer and standard provisions of employment contracts for the protection of personal data and other standard documentation in this field;
  • bringing standard labour documentation of the foreign parent company in line with the Ukrainian legislation for the purpose of its possible use in the Ukrainian subsidiary, in particular bringing standard corporate policies developed in line with the requirements of the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act (UK Bribery Act 2010), in accordance with the Ukrainian anti-corruption laws, as well as drafting internal personnel policies and procedures and corresponding standard provisions of the employment contracts;
  • obtaining work permits for foreign citizens, as well as qualified legal assistance on various issues of immigration law (for example, obtaining a D-type visa, permission for temporary residence, etc.);
  • ensuring compliance with the requirements of the Ukrainian labour protection legislation, in particular development of complex labor protection policies and procedures (including development of rules for visiting production facilities);
  • cooperation with trade unions and other representatives of the personnel, as well as advising the employer on problematic issues of cooperation with global (international) trade unions;
  • dispute settlement, including employment mediation (Head of Sayenko Kharenko’s labour and compliance practice is a certified mediator with over 10 years of experience in successful use of mediation and quasi-mediation procedures for settlement of labour disputes).

Sayenko Kharenko advises an impressive pool of international clients on the Ukrainian labour/employment law issues and compliance matters (including Aegon, Agroscope, Aker Yards, BTG Pactual, Coca-Cola, Commerzbank, Greif, HSBC, IGT (GTECH), Morgan Stanley, Philip Morris Ukraine, Piraeus Bank, Reckitt Benckiser, Société Générale S.A., Soufflet Group, TALANX, TUI Travel PLC, UBS, UniCredit Group, Visa, and Western Union).

Please visit our labour/employment, privacy/data protection and anti-corruption/anti-bribery pages for specific information about these practice groups.
 
You may download our Labour & Compliance Brochure for information about our recent labour/employment, privacy/data protection and anti-corruption/anti-bribery projects.
 
For the yearly updates on the developments and policy trends in the Ukrainian labour/employment law and privacy/data protection legislation, please download The Employment Law Review, for which we exclusively annually contribute a Ukraine chapter.
 
For the yearly updates on the developments and policy trends in the Ukrainian anti-corruption/anti-bribery legislation, please download Global Legal Insights - Bribery and Corruption, for which we exclusively annually write a Ukraine chapter.