Europe

Review of court practice on disputes related to the employment termination at the initiative of the employer

In its recent review of practical experience of employment cases by Russian courts1, the Supreme Court of the Russian Federation (the Supreme Court) defined legal strategies that should be guided when considering disputes related to the termination of an employment contract at the employer’s initiative. Below we consider the main conclusions of the Supreme Court.

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E-LEGAL® NEWSLETTER – NOVEMBER 2020

I. EDITORIAL – RENEWAL OF THE DECLARATION OF THE STATE OF EMERGENCY

In the month of November we highlight, at a legislative level, the renewal of the declaration of the state of emergency, based on the verification of a situation of public calamity, through the Decree of the President of the Republic no. 59-A/2020, of November 20.

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Automatic notification of enforcement proceedings

On November 26, 2020 the Government of the Russian Federation adopted a Resolution introducing amendments to the legislation on enforcement proceedings. In particular, the Resolution changes the procedure for notification of persons involved in enforcement proceedings. The new procedure provides for the sending of notices of enforcement proceedings via the Unified Portal of State Services without an application from users for the transfer of legally significant electronic notices to them from state authorities. At the moment to receive notifications electronically it is necessary to submit a special application.

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Christmas Hours

Our offices close 1 pm Wednesday 23rd December 2020 and re-open 9am Monday 4th January 2021.

Wishing you all a safe Christmas and peaceful New Year.

The post Christmas Hours appeared first on Holmes O’Malley Sexton Solicitors.

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Third Judicial Review of the Supreme Court of the Russian Federation

On November 25, the Presidium of the Supreme Court of the Russian Federation adopted the third Judicial Review for 2020.

Along with other issues, the review explains the positions of the Supreme Court in bankruptcy cases, contractual disputes, as well as issues of procedural law. Below are the positions highlighted by the Supreme Court to form a uniform judicial practice on these issues.

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SEPARATING IN UNCERTAIN TIMES

We are all living in uncertain times due to the ongoing impact of the Covid-19 pandemic. One concern that may be affecting many people is the realisation that they are unhappy in their relationship, whether this be with their spouse, civil partner or cohabiting partner. The festive period can be particularly difficult for some couples, especially when their relationship is already strained. Read more…

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WHEN INSOLVENCY LAW AND LICENSING LAW INTERTWINE: A LOOK AT HOW INSOLVENCY CAN AFFECT A PREMISES LICENCE

In the current climate, we know that many businesses in the hospitality, retail and leisure industry are facing financial difficulties and unfortunately for some it may lead to insolvency. It is important for all businesses and individuals which may face insolvency to be aware of the direct impact this can have on their premises licence if they hold one Read more…

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DATA PROTECTION AND EMPLOYEE MONITORING: WHAT ARE THE RISKS?

Developments in technology have resulted in an increase in available programs and software which employers can use to electronically monitor the activities of their employees. It is not uncommon to have trackers in company vehicles for legitimate purposes such as in order to protect employees who are lone working while driving or have a record in case of road accidents. However, software can also allow for monitoring of employees using computers, and with the rise this year of working at home it can be tempting for employers to want to keep a close eye on employees working remotely – but it is legal for them to do so and what are the risks involved? Read more…

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The Procedure for monitoring the safety of medical devices approved by the Ministry of Healthcare will come into force on January 1, 2021

The Ministry of Healthcare of the Russian Federation approved1 the “Procedure for monitoring the safety of medical devices” (hereinafter referred to as the “Procedure”), which will come into force on January 1, 2021, and will be valid until January 1, 2027.

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Maxima Legal’s lawyers have helped protect a fashion industry player from unfair competition

ANSE, one of the largest players in the fashion industry in the Russian faux fur market, instructed to Maxima Legal to protect its clothing designs that a competitor had misused. Maxima Legal lawyers helped the client prove the unlawful use of original designs. The Federal Antimonopoly Service has ruled that Goodwill’s actions amount to unfair competition. It was found that the company and its affiliates intentionally introduced coats which reproduced the design of ANSE’s products. The matter is rare for the Russian fashion sector – the dispute paves the way for financial sanctions against the violator.

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