o.puchkovskaya. employment law in belarus. corporate international magazine

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38 Corporate INTL October 2011 Employment Law SW19Lawyers is a niche employment law practice based in London. Since its inception in 2008, SW19Lawyers has been punching well above its weight, not only in respect of the calibre of the clients it has aracted, but also in relation to the complexity and breadth of the employment legal issues it has dealt with. The firm prides itself on being able to advise a wide variety of clients from both sides, on contentious and non-conten- tious maers. The firm is able to offer employment services to all types of clients, from a mother who is returning to work aſter maternity leave, to a CEO who is approaching his retirement age and needs advice on possible issues with regard to discrimination. SW19Lawyers deals with a mixture of corporates and individuals. The firm advises employees and senior executives on bonuses, post termination restrictive covenants, all types of discrimination, TUPE transfers, board- room disputes, and guides clients through disciplinary procedures and provides exit strategies, among other activities. The firm also has consider- able experience with transfers of employees into LLP arrangements. With regard to corporates, the firm has advised a removals company on the employment status of its drivers and porters, and a pest control company on misuse of confidential information. Currently, the firm is defending a religious discrimination case and in the Employment Tribunal and bringing a claim in the County Court for wrongful dismissal. SW19Lawyers has built a thriving practice with over several hundred cli- ents from a standing start – unprecedented for a firm of this youth and size - through a large number of word of mouth referrals and secured repeat business from its corporate clients. “Our clients like the fact we deal almost exclusively with employment law cases,” commented founding partner Belinda Eriksson. “They like the comfort of working with us knowing we deal with employment issues day in and day out. It gives us a distinctive advantage over other firms that do not deal with employment law all the time. “ “Moreover, we are a small practice and our overheads are not as high as some of the larger law firms, so we can charge clients more affordable rates. Our streamlined approach enables us to provide cost-effective services which means that our clients can get more value for money.” Jennifer Ison added: “We are most focused on delivering the best results for our clients. We constantly review the way we work and always look at improving the services we offer. Client satisfaction is our top priority.” SW19Lawyers is a relatively new firm, in comparison to other law firms in the City, and it has been growing for the last three years very steadily. This year it has expanded and taken on a new person with a lot of conten- tious employment experience, which is “very beneficial for the firm”. Unique to other young and niche firms, clients of SW19Lawyers come not just from the UK but also from Canada, Sweden, Spain and France. England - SW19Lawyers Jennifer Ison Founding Partner +44 (0) 208 947 7997 [email protected] www.sw19lawyers.co.uk Belinda Eriksson Founding Partner +44 (0) 208 947 7997 [email protected] www.sw19lawyers.co.uk The employment law in Belarus covers a large scope of issues, namely: documentation and regulation of employment relationship between employers and employees of various categories (women, disabled people, youth, temporary/seasonal workers, managers, foreign workers, et al.); regulation of worker salary; occupational safety; social partnership; em- ployment of the population; social and retirement insurance. In addition, the Belarusian employment law has some special aspects, when compared to neighboring jurisdictions. First of all, there are various types of employment contracts: an employment contract for an indefinite period or a defined period, and a fixed-term labour contract. The terms of these contracts differ to those from the Labor Code of the Republic of Belarus, with regard to additional guarantees for workers, as well as the termination of a labour contract. Secondly, there are special aspects of regulation of labour relations with certain categories of workers (managers, women, graduates, minority groups, etc.). Stepanovski, Papakul & partners LLC has an extensive experience in various law areas, closely connected with the employment legislation - corporate, labour law, intellectual property protection, etc. The firm insists on lawyer specialisation, which helps in providing clients with detailed and profound advice on miscellaneous issues. “The professionalism of our specialists allows reviewing problems in package, comprehensively and on time, in view of the law enforcement practice,” commented associate aorney, Oksana Puchkovskaya. In Belarus employment of foreigners is restricted. Every foreigner arriving to the country may be employed only with a special Belarusian labour permit. Sometimes, organisations are mandated to acquire a foreign employment permit. Stepanovski, Papakul & partners LLC has an exten- sive experience in advising on employment of foreigners in Belarusian organisations, representation of foreign companies, as well as in practical assistance with citizenship and migration issues. Ms Puchkovskaya said: “Our firm consults its clients exclusively within the jurisdiction of the Republic of Belarus. Thus, when we provide legal services, our clients have the most up-to-date legal information, as well as recommendations on the best solutions to their issues. Besides, we have gained substantial experience in representing our clients’ interests in pub- lic, inter alia, before the judicial authorities of the Republic of Belarus.” Stepanovski, Papakul & partners LLC provides a full scope of legal services in the field of entrepreneurship; it offers highly qualified legal services both to residents and foreign companies with establishment, main- tenance and protection of their business in the Republic of Belarus. The company applies the following professional principles: strict compliance of provided services with current legislation; professionalism; priority of the client’s interests; long-term cooperation and professional trust. For a number of years the Ministry of Justice of the Republic of Belarus has acknowledged Stepanovski, Papakul & partners LLC as one of the best Belarusian companies providing legal advice. Independent foreign rating agencies and international legal reference companies, such as European Legal 500, Chambers Global, Chambers Europe, have recognised the com- pany on a number of occasions as a leading Belarusian legal firm. Belarus - Stepanovski, Papakul & partners LLC Oksana Puchkovskaya Associate Attorney +375 17 209 44 83 [email protected] www.spplaw.by

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Employment law in Belarus.

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38 Corporate INTL October 2011

Employment Law

SW19Lawyers is a niche employment law practice based in London. Since its inception in 2008, SW19Lawyers has been punching well above its weight, not only in respect of the calibre of the clients it has attracted, but also in relation to the complexity and breadth of the employment legal issues it has dealt with. The firm prides itself on being able to advise a wide variety of clients from both sides, on contentious and non-conten-tious matters.The firm is able to offer employment services to all types of clients, from a mother who is returning to work after maternity leave, to a CEO who is approaching his retirement age and needs advice on possible issues with regard to discrimination.

SW19Lawyers deals with a mixture of corporates and individuals. The firm advises employees and senior executives on bonuses, post termination restrictive covenants, all types of discrimination, TUPE transfers, board-room disputes, and guides clients through disciplinary procedures and provides exit strategies, among other activities. The firm also has consider-able experience with transfers of employees into LLP arrangements.

With regard to corporates, the firm has advised a removals company on the employment status of its drivers and porters, and a pest control company on misuse of confidential information. Currently, the firm is defending a religious discrimination case and in the Employment Tribunal and bringing a claim in the County Court for wrongful dismissal.

SW19Lawyers has built a thriving practice with over several hundred cli-ents from a standing start – unprecedented for a firm of this youth and size - through a large number of word of mouth referrals and secured repeat business from its corporate clients.

“Our clients like the fact we deal almost exclusively with employment law cases,” commented founding partner Belinda Eriksson. “They like the comfort of working with us knowing we deal with employment issues day in and day out. It gives us a distinctive advantage over other firms that do not deal with employment law all the time. “

“Moreover, we are a small practice and our overheads are not as high as some of the larger law firms, so we can charge clients more affordable rates. Our streamlined approach enables us to provide cost-effective services which means that our clients can get more value for money.”

Jennifer Ison added: “We are most focused on delivering the best results for our clients. We constantly review the way we work and always look at improving the services we offer. Client satisfaction is our top priority.”

SW19Lawyers is a relatively new firm, in comparison to other law firms in the City, and it has been growing for the last three years very steadily. This year it has expanded and taken on a new person with a lot of conten-tious employment experience, which is “very beneficial for the firm”.

Unique to other young and niche firms, clients of SW19Lawyers come not just from the UK but also from Canada, Sweden, Spain and France.

England - SW19Lawyers

Jennifer IsonFounding Partner+44 (0) 208 947 [email protected]

Belinda ErikssonFounding Partner+44 (0) 208 947 [email protected]

The employment law in Belarus covers a large scope of issues, namely: documentation and regulation of employment relationship between employers and employees of various categories (women, disabled people, youth, temporary/seasonal workers, managers, foreign workers, et al.); regulation of worker salary; occupational safety; social partnership; em-ployment of the population; social and retirement insurance.In addition, the Belarusian employment law has some special aspects, when compared to neighboring jurisdictions. First of all, there are various types of employment contracts: an employment contract for an indefinite period or a defined period, and a fixed-term labour contract. The terms of these contracts differ to those from the Labor Code of the Republic of Belarus, with regard to additional guarantees for workers, as well as the termination of a labour contract. Secondly, there are special aspects of regulation of labour relations with certain categories of workers (managers, women, graduates, minority groups, etc.).

Stepanovski, Papakul & partners LLC has an extensive experience in various law areas, closely connected with the employment legislation - corporate, labour law, intellectual property protection, etc. The firm insists on lawyer specialisation, which helps in providing clients with detailed and

profound advice on miscellaneous issues. “The professionalism of our specialists allows reviewing problems in

package, comprehensively and on time, in view of the law enforcement practice,” commented associate attorney, Oksana Puchkovskaya.

In Belarus employment of foreigners is restricted. Every foreigner arriving to the country may be employed only with a special Belarusian labour permit. Sometimes, organisations are mandated to acquire a foreign employment permit. Stepanovski, Papakul & partners LLC has an exten-sive experience in advising on employment of foreigners in Belarusian organisations, representation of foreign companies, as well as in practical assistance with citizenship and migration issues.

Ms Puchkovskaya said: “Our firm consults its clients exclusively within the jurisdiction of the Republic of Belarus. Thus, when we provide legal services, our clients have the most up-to-date legal information, as well as recommendations on the best solutions to their issues. Besides, we have gained substantial experience in representing our clients’ interests in pub-lic, inter alia, before the judicial authorities of the Republic of Belarus.”

Stepanovski, Papakul & partners LLC provides a full scope of legal services in the field of entrepreneurship; it offers highly qualified legal services both to residents and foreign companies with establishment, main-tenance and protection of their business in the Republic of Belarus. The company applies the following professional principles: strict compliance of provided services with current legislation; professionalism; priority of the client’s interests; long-term cooperation and professional trust.

For a number of years the Ministry of Justice of the Republic of Belarus has acknowledged Stepanovski, Papakul & partners LLC as one of the best Belarusian companies providing legal advice. Independent foreign rating agencies and international legal reference companies, such as European Legal 500, Chambers Global, Chambers Europe, have recognised the com-pany on a number of occasions as a leading Belarusian legal firm.

Belarus - Stepanovski, Papakul & partners LLC

Oksana Puchkovskaya Associate Attorney +375 17 209 44 [email protected]