Labor Law

Providing legal assistance to the management of Clinic in labor dispute

By 12.11.2018 No Comments

The clinic for the treatment of diseases of the gastrointestinal tract and digestive organs requested legal assistance in a labor dispute with a former employee who went to court with a claim to recover wage arrears, compensation for dismissal, compensation for delayed payment of wages, compensation for moral harm. The law firm had been involved this dispute already during the trial at the stage when the former management of the company actually had accepted the employee’s claims.

The team formed a legal position and developed a strategy for the conduct of the judicial proceedings, which allowed to expand the scope of the judicial process.

In this case, despite the small amounts of claims, it became possible not only to expand the scope of the court proceedings, but also to completely release the client from the unreasonable obligation to pay non-existent wage arrears. In addition, it became possible to consolidate the practice in which an agreement between an employee and an employer, defining the amounts of compensation for dismissal by mutual agreement of the parties and other than those provided for by the current legislation or employment agreement, is recognized by the courts to be invalid, thereby creating a stable judicial practice on this issue.