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Specialists of YUST elaborated proposals on amendments to legislation
16.05.2016
The Russian Ministry of Justice continues working on the draft law on special features of governing relations between an organization and its executives. It is necessary to make a clear distinction of governing these relations between civil and labor legislation. Specialists of the labor law practice of YUST Law Firm prepared their proposals for the law-makers.
For a number of years, dealing with flaws in legal regulation of relations between organizations and executives, lawyers of YUST detected more and more difficulties of practical nature. For instance, according to civil legislation an organization may terminate the office of its chief executive at any time, while labor legislation does not allow to dismiss a chief executive in a number of cases (temporary incapacity, vacation, pregnancy). Many issues arise in connection with “golden handshakes” of executives, for example, determining a reasonable amount of this compensation. Difficulties are also caused by the application of more and more widespread option programs offered to executives as an element of labor compensation.
YUST Law Firm has already prepared its proposals for law-makers that allow to set forth the nature of relations between a legal entity and the persons performing the duties of its executive bodies, distinguish between civil and labor legislation, eliminate gaps in the provisions on conclusion and termination of a contract with an executive of an organization and clarify the issues of material liability of an executive.
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The Russian Ministry of Justice continues working on the draft law on special features of governing relations between an organization and its executives. It is necessary to make a clear distinction of governing these relations between civil and labor legislation. Specialists of the labor law practice of YUST Law Firm prepared their proposals for the law-makers.For a number of years, dealing with flaws in legal regulation of relations between organizations and executives, lawyers of YUST detected more and more difficulties of practical nature. For instance, according to civil legislation an organization may terminate the office of its chief executive at any time, while labor legislation does not allow to dismiss a chief executive in a number of cases (temporary incapacity, vacation, pregnancy). Many issues arise in connection with “golden handshakes” of executives, for example, determining a reasonable amount of this compensation. Difficulties are also caused by the application of more and more widespread option programs offered to executives as an element of labor compensation.
YUST Law Firm has already prepared its proposals for law-makers that allow to set forth the nature of relations between a legal entity and the persons performing the duties of its executive bodies, distinguish between civil and labor legislation, eliminate gaps in the provisions on conclusion and termination of a contract with an executive of an organization and clarify the issues of material liability of an executive.
Read more
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