Month: April 2018

Russian labour law offers protection to employees, and this results in a large number of mandatory rules and formalities. The first question is to determine when a relation may be considered an employment relation. The existence of an employment contract is not decisive in this respect, only the actual situation counts.

Would you like a quick consultation about a Russian employment issue? We may help you on any of the following:

• general Russian labour law advice, outsourcing, payroll and tax issues;
• drafting/reviewing of employment contracts, staff handbooks, advice on labor compliance,
• workforce structuring and outsourcing, redundancies,
• labor safety,
• litigation and dispute resolution,
• work permits and business immigration.

General employment advice

Juralink offers professional advice in the day to day management of local employees including standardization of client’s employment procedures or drafting an individual executive contract; developing staff handbooks, policies and incentive schemes; advising on dismissal strategies and conducting negotiation with employees in question enabling you to minimize financial consequences and/or to avoid the risk of litigation with this employee upon the termination of his/her employment contract.

Drafting/reviewing of labor contracts

We can prepare and review customized employment contracts, draft internal regulations and employment procedures or develop staff handbooks, policies and incentive schemes under Russian labour law.

Labour disputes
We can boast a considerable experience in settling labor disputes and pre-trial mediation of conflict, representing employees, CEO’s or senior management and defending our clients in the course of labor audits.

M&A employment issues in Russia
Would you like to know labor contingencies of a proposed company acquisition? Do you seek the most advantageous solutions for employee transfers in mergers, acquisitions, liquidations and post-merger reorganisations? Our attorneys can assist you with due diligence investigations and propose efficient schemes.

Labour safety
Companies involved in manufacturing, construction, or installation business may be considered hazardous environments for their employees. They need to apply strict safety regulations and obtain necessary certificates. Controls are being carried out regularly by local authorities, and fines can be serious. We recommend to avoid the risk of penalties and further scrutiny. This will certainly also benefit your position in any labor dispute. We will be pleased to provide guidance.

Business migration
Foreign specialists working in Russia will require visa and work permits. This also holds true for foreign managers, investors, entrepreneurs and their accompanying family members. We can help you understand options and provide support in the process of obtaining visas and work permits.

If you wish to recruit local personnel in Russia, please contact our partner Juralink G-nius.

Of course we can advise you on any issues with relation to private income tax in Russia, Corporate Income Tax, VAT, interest and dividend withholding taxes and relevant double tax treaties. After termination of the Netherlands-Russian Double Tax Treaty by Russia, this will cease to be effective from 1 January 2022.

International tax planning is useful to structure the organization of your business and minimize tax expenditure. International tax structures are currently under scrutiny by local governments and international organizations, and are strongly influenced by rapidly changing laws and planned changes in tax treaties. Juralink supports new companies and their shareholders in optimizing their long-term operating and financing structure from a tax perspective. Existing companies and their owners can count on active advice and the identification of interesting legal tax alternatives. Our tax expert will be happy to get in touch.

Please note that Juralink complies with applicable anti-terrorism and anti-money laundering laws and complies with the required Know Your Client procedures.

We will be pleased to assist you with any issues relating to your IP strategy: mapping, registration and administration of your intellectual property in Russia, and enforcement against infringers.
We can assist you with following Russian intellectual property issues:

• Acquisition of patents and trademarks,
• Negotiation and drafting of licenses agreements or alienation of IP rights,
• Advise on IP intra group structuring with practical hints to maximize revenues for tax purposes,
• Application for registration, modification of franchise and license agreements,
• Registration of trademarks with the customs authorities exercising to fight and prevent “grey” imports,
• Litigation, dispute resolution and anti-piracy initiatives.

Registration of plant varieties and animal breeds – our specialism

As we have a long and close cooperation with international breeding companies, we have developed thorough expertise in the field of plant varieties and animal breeds protection in Russia. Our clients benefit from the experience of Juralink’s professionals dealing with the specialized authorities: Gossort Commission of Russian Federation (re acquisition of BPR patents and registration of license agreements for BPR) and Rosselkhoznadzor (obtaining the phytosanitary or veterinary certificates for import of plants or pedigree animals).

Risks of lack or improper intellectual property registration in Russia

Please keep in mind that the lack of any application or failure to properly file for protection of your IPR in Russia can result in an author’s ideas being stolen or used with no recourse. As patents are valid only for a limited period of time and a regular update of the application is required, the titleholder could lose the right of protection and remedies.

IPR – important assets also in Russia

Nowadays a review of a company’s IPR portfolio is an integral part of legal due diligence to any party developing its entrance strategy to the Russian market, placing a new product, starting cooperation with Russian counterparties or planning any other investment project. We can provide you with a wide range of IP services on all pending issues offering reliable budgets and cost-effective solutions.

Litigation and dispute resolution

The right choice of applicable law and dispute resolution in your contract can mean a world of difference. Also do make sure that the decision can actually be enforced. Russian courts can certainly be an option to successfully enforce your rights against private companies or government agencies. Juralink’s litigation team has successfully assisted many clients in litigation and arbitration in Russian courts. Where possible, we are eager to help you prevent dispute resolution by reaching an amicable agreement during mediation and pre-trial negotiations.
We are specialized in providing advice on:

• Out-of-court dispute resolution,
• Enforcement of a foreign court’s decisions,
• Defending clients in administrative cases,
• Representing clients in commercial disputes, such as debt collection, bankruptcy cases, labor disputes, disputes with customs and tax authorities, IPR infringement cases etc.

Where relevant we may involve specialist detective agencies to help investigate the case and gather the necessary evidence.

Are you considering litigation in Russia? The right choice of applicable law and dispute resolution in your contract can mean a world of difference. Also do make sure that the decision can actually be enforced. Russian courts can certainly be an option to successfully enforce your rights against private companies or government agencies. Juralink’s litigation team has successfully assisted many clients in litigation and arbitration in Russian courts. Where possible, we are eager to help you prevent dispute resolution by reaching an amicable agreement during mediation and pre-trial negotiations.

We are specialized in providing advice on:

• Out-of-court dispute resolution,
• Enforcement of a foreign court’s decisions,
• Defending clients in administrative cases,
• Representing clients in commercial disputes, such as debt collection, bankruptcy cases, labor disputes, disputes with customs and tax authorities, IPR infringement cases etc.

Where relevant we may involve specialist detective agencies to help investigate the case and gather the necessary evidence. A good documentary basis is important for litigation in Russia.

Russia is still strongly relying on documentary proof of transactions by means of formal contracts. Standard contracts used throughout the EU are not suited to mandatory Russian law and practical regulations (Acts of Acceptance under Russian legislation, conformity certificates, etc.). Contracts are needed for all commercial transactions: sale and supply of products, services, for lease of premises, for asset or share deals and many more. We may draft bilingual Russian-English contracts for you at a fee estimate suited to your needs. Or review your contracts in Russia to make sure they do not bring unexpected risks or are not enforceable in practice.

Migration to Russia requires advance preparations. Most foreign nationals will need visa to enter Russia. Depending on the purpose of your visit there are various visa, tourist visa, single and multiple entry business visa and work visa.

Business and work migration to Russia

Do you intend to stay in Russia for business or work? Are you a foreign manager, investor, entrepreneur or an accompanying family member? You will need a visa and a work permit. We can help you understand visa options and help you obtaining visas and work permits.

Private migration to Russia

You may be visiting or planning to stay in Russia for personal reasons. Do you need help with visa or work permits for Russia? International relations bring challenges and opportunities for immigration and nationalization. We can help you get a clear picture of the possibilities.

Immigration to the Netherlands

We have good expertise in immigration to the Netherlands.

Juralink offers family law expertise in Russia, but also in Ukraine (via our local partner).

Marriage

We wish you the best of happiness in your (future) marriage. In all the joy, please do not forget to put some mutual agreements on paper – just in case. Let us know if you would like some help on making marital conditions in Russia.

Divorce matters

Facing a divorce or other matrimonial problem is never an easy time. Our experts can help you manage this difficult process and guide you through the stressful time making sound decisions for your future and the future of your dearest ones. Matters such as child custody and visitation rights, child support, alimony and the division of property require an understanding of both local and international aspects. Our experienced divorce attorney in Russia can advise and represent you. Where necessary, we will co-operate with Dutch experts.

In an attempt to minimize the emotional impact of divorce or separation on both spouses and children, we encourage open, respectful and amicable solutions through negotiations. Sometimes however a court case cannot be avoided. A good attorney will stand by your side and pro-actively protect your interests. Did you know that it is possible to modify or terminate existing out of court agreements for alimony and child custody even after divorce?

We are available for free initial telephone consultations. All enquiries are completely confidential.

Kidnapping

Sadly, it happens that one parent leaves home with the children and moves abroad against the will of the other parent. This is effectively kidnapping. Re-uniting the child with both father and mother in one home may be difficult, but at least every child has the basic right to see both its father and its mother on a regular basis. We will do our best to help realize this.

Inheritance matters

Inheritance issues with a foreign, Russian, element can be quite complex. Russian legislation is different from the Dutch (Belgian) legislation, especially when it comes to real estate. It is wise to consult with a local attorney before claiming an inheritance. Juralink experts can help you at all stages of the Russian inheritance process: inheritance application, accounting of decedent’s assets, accession to the heirship and obtaining of property titles, selling real estate and repatriating your funds, enforcement of your inheritance rights in court, inheritance and will disputes.

Migration and nationality

International relations and marriages bring new challenges and opportunities for immigration and nationalization. In general, spouses and family members benefit from easier immigration conditions. But there are still rules to comply with, and you will need to sustain yourself and your family. Conflicting rules may apply to children born (in a third country) from mixed relations. We can help you get a clear picture of the rules and possibilities.

We also have good expertise in immigration to the Netherlands.

Company set up, liquidation in Russia
When you set up a company in Russia, it should suit your business strategy and available resources. The most common types of companies set up are a Russian limited liability company and branch. Please check options to comply with their management and administration requirements. Of course we can take care of the bureaucratic registration procedure for you to set up a company in Russia, or liquidate it.

Joint ventures in Russia
When your Russian subsidiary is not wholly-owned but a joint venture with a Russian partner it is important to set out the rights and obligations of the shareholders in a shareholders’ agreement. We have been able to play a useful role in such negotiations based on our legal knowledge, our language and cultural expertise.

Mergers and acquisitions, restructuring, Anti-Monopoly law in Russia
There can be different reasons for restructuring of companies in Russia and for mergers and acquisitions. In all cases good communications and co-ordination between various international advisors/parties are essential. Tax experts must be involved or will be leading in designing efficient schemes. Please make sure to consider also anti-monopoly issues before you set up a company in Russia.

Due diligence in Russia
We have completed a number of large due diligence investigations in Russia on behalf of our clients. These provide them a thorough basis for their decision about an intended purchase as well as the appropriate pricing and other conditions. Due diligence investigates all possible contingencies with relation to corporate compliance, labor issues, intellectual property, real estate, taxation, environment etc.

Management services in Russia
In a start-up phase you may not have the right manager available to manage your Russian company. Juralink can act as a management company for your subsidiary in Russia, acting always on the basis of your instructions. We regularly take on the function of corporate secretary and provide support in corporate housekeeping. We have a network of local service partners who may provide corporate accounting (LowLands) and HR services (Juralink G-Nius). They are experienced professionals and will save you time and headaches.