services

Employment Compliance

Every business requires legal support to establish a robust occupational health and safety system, in order to provide a comprehensive range of social safeguards for employees and to comply with labour legislation during inspections by the State Labour Service.

Dictum’s lawyers assist with the drafting of all types of employment contracts with Ukrainian citizens and non-residents, and with obtaining work permits for foreign nationals; conduct training sessions on organising occupational health and safety training for managers and specialists within the company, draw up instructions on the procedure for occupational health and safety training, and explain to staff all the details and specifics of State Labour Service inspections.

OUR SERVICES

Formalising employment relationships

support with the conclusion of employment contracts and agreements;
support with the onboarding of staff;
support for submitting notifications of new hires to the State Tax Service, communication and responses to enquiries;
obtaining work permits for foreign nationals for company founders, directors and senior management in Ukrainian companies;
support for the conclusion of employment contracts with seasonal workers;
support for the conclusion of employment contracts for concurrent employment and secondary employment.

Experts:

Svitlana Moroz

Preparation of HR documentation

drafting internal work regulations, collective agreements and other internal company documents;
drafting templates and standard company orders;
auditing employment documentation;
reviewing contracts with sole traders to determine whether they contain elements of an employment relationship;
advising on changes to the terms of employment agreements or contracts;
supporting the conclusion of supplementary employment contracts, analysing risks and ensuring a balance between the interests of employees and the employer;
supporting negotiations with employees in the event of changes to employment relationships;
assessment of the legality of employees’ claims;
amending employment contracts;
amending internal work regulations, collective agreements and other internal documents.

Experts:

Svitlana Moroz

Protection of trade secrets and confidential information

drafting and overseeing the signing of agreements on the non-disclosure of confidential information and trade secrets;
drafting internal documentation to define the status of confidential information and trade secrets;
supporting amendments to the articles of association, the memorandum of association and personnel documentation regarding the conditions for non-disclosure of confidential information and trade secrets;
drafting licences for the use of trade secrets and know-how;
drafting agreements on the exchange of confidential information;
identifying breaches of non-disclosure obligations regarding confidential information and trade secrets;
representation in disputes concerning breaches of confidentiality and trade secret obligations.

Experts:

Svitlana Moroz

Support during labour inspections

conducting training sessions for staff on occupational health and safety in the workplace;
conducting an internal audit prior to an inspection by the State Labour Service on occupational health and safety matters;
identifying risks and rectifying breaches in the field of labour;
assisting with preparations for the State Labour Service’s occupational health and safety inspection;
supporting the client and their staff throughout the State Labour Service’s occupational health and safety inspection;
documenting any breaches committed by State Labour Service inspectors during inspections;
submitting comments on documents based on the results of State Labour Service inspections;
lodging administrative appeals against the results of State Labour Service inspections;
judicial appeals against the results of State Labour Service inspections.

Experts:

Svitlana Moroz

Delivering corporate training on health and safety

advice on the grounds for conducting labour inspections;
advice on the most common breaches recorded by State Labour Inspectorate inspectors;
conducting an audit of the workforce;
defining levels of responsibility and the scope of employees’ duties;
allocating roles to employees when communicating with State Labour Service inspectors;
developing various scenarios for how employees should behave during a visit by State Labour Service inspectors;
identifying potential leakers of information;
developing employee assessments to determine their behavioural characteristics;
simulating a labour inspection.

Experts:

Svitlana Moroz

Protecting employees’ interests

providing support in relation to complaints submitted to occupational health and safety authorities following reports by employees regarding breaches by employers;
assisting with the initiation of inspections by the State Labour Service following complaints from employees;
representing dismissed employees in disputes with their former employer concerning unlawful dismissal and unjustified demands;
handling labour disputes at the pre-litigation and litigation stages concerning challenges to the legality of dismissal;
defending employees’ interests in criminal proceedings concerning unlawful actions by management;
representing clients’ interests before the Human Rights Commissioner.

Experts:

Svitlana Moroz

Redundancies and reorganisation

advice on staff redundancies;
carrying out corporate and labour reorganisation within the company;
staff reductions at the company;
supporting negotiations with the trade union on redundancies and reorganisation;
supporting the lawful termination of contracts, including fixed-term and open-ended employment contracts, at the initiative of the employer, the employee or by mutual agreement;
support in resolving disputes with employees and trade union representatives;
support in labour disputes with employees.

Experts:

Svitlana Moroz

Protecting the interests of civil servants

representing civil servants in the event of infringements of their rights;
providing support in challenging orders to conduct official investigations and the findings of such investigations;
supporting appeals against the unlawful dismissal of civil servants;
supporting appeals against disciplinary sanctions;
providing support for the reinstatement of civil servants;
providing support in claims for the payment of salaries, compensation and other payments due to civil servants.