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Eterna Law

SOPHIA BUSINESS CENTER, 6 RYLSKIY LANE, 01601 KYIV, UKRAINE
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Almaty, Kiev, Moscow

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AstapovLawyers has succeeded in a high-stake labor dispute

August 2011

AstapovLawyers has successfully represented its client, a major foreign food producer before the High Specialised Court of Ukraine in Civil and Criminal Matters in a high-stake labor dispute.

The dispute has arisen following termination of employment with a CEO in a Ukrainian branch company. The CEO, a foreign national, sought reinstatement in office and claimed compensation. The Court held that the employment with CEO had lawfully been terminated as the employment agreement was time-limited despite absence of such wording in the contract itself. The case was handled by Maksym Kodunov and Volodymyr Yakubovskyy, AstapovLawyers’ Senior Associates.

Volodymyr Yakubovskyy, commented on the outcome of the dispute as follows: “This judgment is not just one in those many ordinary labor disputes. What we have is a precedent-setting judgment which has finally resolved an important issue on employment of foreigners in Ukraine.”

Maksym Kodunov also added that: “The major implication of the judgment is that foreigners whose employment in Ukraine is subject to obtaining a work permit may only be employed for a definite time period. This period cannot exceed the term of the work permit – even if the term of employment is not stipulated in a labor contract. To date, this issue was controversial due to inconsistencies between outdated provisions of the Labor Code and recently developed legislation. This brought much uncertainty and problems into employment and dismissal of foreign top managers. From now on, the judgment should cover this loophole in Ukrainian labor law until the new Labor Code is adopted.”

AstapovLawyers has succeeded in a high-stake labor dispute


 

 

For more information, please contact Elena Karchova, PR Director, AstapovLawyers: +38 (044) 490 70 01, pr@astapovlawyers.com


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