|
As Russia enters the world marketplace
at a dizzying speed, with what seems as continual expansion by firms
within its borders, the job market looks pretty good. But while
we each are looking for that perfect place of employment in Russia's
land of golden opportunity, there is still the possibility that
a door might be shut, or that you just might want to move on to
a better room.
It seems that everyone talks about
how to find a job - how to write a resume, how to handle an interview,
how to decipher classified ads. But there isn't much advice out
there about leaving one. Leaving a job, either by force of by choice,
can be a tricky situation. It's a fine line between becoming a threat
to a former employer who wants you out the door and leaving without
burning your bridges.
Most people who move on to other
jobs can do so without creating too much of a stir, as long as the
process is handled appropriately. But it is important that you know
what is expected of you, and what is required by your employer under
Russian labor law.
An employer can let you go for
a variety of reasons - from company downsizing and regular nonperformance
by the employee to perform his or her duties as set forth in the
labor contract, to theft of property or working under the influence
of alcohol or drugs, and in most cases, they can dot it without
much notice. But if a company is downsizing or "illiquidating,"
Russian labor law requires a company to give two months written
notice before an employee can be terminated.
According to Dmitry Pentsov, attorney
for Baker & Botts in Moscow, who has written extensively on
Russian labor law, says that even in the case when a labor contract
has ended, but regular working relations remain without a formal
contract, a full two-months notice must be given in this instance.
In others, the law doesn't say specifically, says Pentsov, so theoretically,
you can be asked to pack your bags in one day.
Although there is a bit of hope:
Pentsov says a law was signed in March that awards "moral damages"
to employees terminated without any valid grounds. The size of the
compensation will be determined by the courts.
Also, in some cases of employee
termination, severance packages of up to three months pay must be
given in accordance to the labor code. According to Pentsov, if
a company is downsizing, a company must pay one month's salary to
an employee, regardless whether the individual has found a new job
or not. Up to two months additional salary must be paid until the
date the employee begins new work. The only catch: The former employee
must go to the office of the former employer on payday to receive
his or her payment.
Although severance pay is linked
to whether or not the company has attempted to transfer its employees
to other positions in the company before letting them go, it is
wise to check with an attorney to find out exactly how much is due
if your employer is reorganizing and letting you go in the process.
On the flip side, as an employee,
you are required to give your employer two weeks notice about your
impending departure. Such laws may come as a bit of a shock to some
companies, which have written in a full two-months notice in their
labor contracts.
But these additional contract
requirements may be in contradiction to Russian law. According to
Pentsov, if your contract doesn't spell out the specific length
of employment, two weeks written notice can be given and then you
are out the door, regardless if your contract stated more. "But
if your contract is [written] for a definite period of time, then
it can be terminated only on specific grounds," he says. These
include sickness, inability to perform job functions, "or on
the basis of valid excuses," he says - "although
the law doesn't define them." A definite period of time can
be anything from six months to five years.
It is also important to read the fine print of
a contract, and know how your potential employer is organized as
a company, meaning is it a Russian entity under Russian law or will
rules of outside arbitration apply.
"If you have an employee contract, by what
law is the law of governance? Russian or other" asks Pentsov
rhetorically. "There is a strong argument that even if other
laws [are said to apply], and the duties are performed in Russia,
Russian law is applicable."
Knowing whether your company is
set up as an offshore entity, and the status of your employment
is as a "consultant," is vitally important to the laws
that apply to a contract. "Foreign companies, with foreign
contracts, with an employee sent to Russia on a long term business
trip,'" says Pentsov, "there is a strong argument that
[the contract] will be governed by foreign law. But for a Russian
company, operating on Russian territory, that argument is much more
difficult." To settle such questions, the best advice is to
seek an attorney.
"We try to follow the labor
law and not to make mistakes," says Yelena Fadeyeva, human
resources manager for 3M. "But it is very difficult."
Nonetheless, she says all employees should have a labor contract,
according to Russian law. "It gives the basic [information]
about the labor law," she says, in terms of hiring and firing
specifics. But about creating requirements in addition to the code,
she says: "Sometimes [our conditions] are better, but never
worse."
Employee contracts should spell
out job expectations and policies of the firm, so that each party
understands each other. When negotiating terms of employment, be
smart about what you will and will not accept - and don't let a
written contract be intimidating. Although some employers may use
a contract as psychological warfare, thinking an employee will follow
certain conditions if presented on paper, many provisions may not
be enforceable by Russian courts. Under Russian law, an employee
can put non-competition clauses and other things in a contract,
but in a case of dispute, "any restrictions making his or her
contract worse - such conditions should be considered as void,"
says Pentsov. "But unfortunately, there are not many court
precedents," he says, to enforce such rulings.
Yet most companies would rather
invest in creating good working environments, rather than going
through the difficult processes of hiring and firing. "We try
to keep people here," says Fadeyeva. "We are not in the
position to fire, fire, fire. We are growing very fast and interested
in keeping people."
Yet if it you have decided to
leave, career advisers recommend taking the direct approach with
the boss once a date of departure has been fixed. Being upfront
about leaving and offering a reasonable amount of time for finding
a replacement is a simple courtesy that will win points in the long
run.
Most bosses have no major problems
with your moving up the career ladder. Simple courtesy is the best
policy. But the move can become a bit tricky if that step up is
with the competition. Companies will not be thrilled with your leaving
if they know you have been "stolen" by their rival, luring
you with a cushy package deal. In this case, it is important to
review your company contract to ensure you are not violating any
signed agreements with your current employer about leaving. And
leaving with clients or exclusive information will only make the
situation more difficult.
According to Article 139 of the
Russian Civil Code, employers can make you pay if you leave with
company secrets that later causes damage to that former employer.
Common sense is the best yardstick. Breaking your labor contract
and leaving with inside information could land you in a bit of trouble,
although the laws are not as clear-cut as in some countries. But
don't let overbroad, non - competition clauses scare you. It is
in your legal right to leave with adequate notice and to work for
a competing firm.
So what should you do if you are told to leave
when you hadn't actually planned doing so? If the inevitable happens,
and you are called into your superior's office for a bit of bad
news, the best advice is to stay cool-headed. First, write down
what your boss is saying. It sends a signal that the matter is not
going to be taken lightly. Second, don't sign anything. Take a while
to review any statements of release until you and the company come
to mutual terms.
The company may want you out of
the office as soon as possible, but it is best to take some time
and consider your choices. Find out what the company has given to
others in similar situations, and consult a lawyer. Know that there
is a Russian labor code that spells out both your rights and your
employer's. The best policy is to try to slow down the process and
think carefully about each step.
Ashleigh Morris
Publication restricted.
Copyright ©2000 The Russian Connection
and The CAREER FORUM
BACK TO TOP
|