LABOR LAW

www.aequitas.kz

47 Abai Ave., Office 2 Almaty 050000, Kazakhstan T. +7 (727) 3 968 968 F. +7 (727) 3 968 990 [email protected]

labor law Labor issues are one of the primary and topical areas of interest for aequitas clients. In the process of their work, the firm’s lawyers are addressing many legal matters, which often require resolving non-standard issues not quite adequately regulated by the current labor legislation of Kazakhstan. Lately, this area’s legal advice has been largely in connection with applying the Customs Union and Unified Economic Space legislation to labor relations and foreign labor engagement issues. The firm’s lawyers are also advising clients on various aspects of migration legislation. aequitas possesses extensive experience in defending, in- or outof-court, the interests of both employers and employees of local and foreign companies.

The key clients aequitas lawyers are regularly advising on labor law and migration legislation matters and providing other related services to are major international corporations with subsidiaries and structural subdivisions in Kazakhstan — Chevron Munaigaz Inc., Hewlett-Packard, General Electric and Mars Overseas Holdings, Inc. The firm’s lawyers regularly publish analytical articles on various labor law issues in local and foreign specialized periodicals. Starting 2005, aequitas has been annually preparing labor regulation overviews for the World Bank’s Doing Business annual report. aequitas partner, Yulia Chumachenko, has been repeatedly recognized as a leading labor law expert by the Best Lawyers, Who’s Who Legal and Legal 500.

legal services Assistance in the development of optimal structure for HR documentation and employer’s acts, including various regulations, instructions, orders, ordinances and internal rules.

Adaptation of standard employment agreements and various employer’s acts globally utilized by the corporate clients’ subdivisions to meet the mandatory requirements of local legislation.

Drafting of custom-tailored employment agreements, including CEO employment agreements.

Bringing the corporate clients’ global recruitment policies in line with the local legislation requirements and practice.

Drafting of standard employment agreements and collective agreements to be used when hiring employees to permanent positions, and drafting of job descriptions.

Advice on personal data protection issues and drafting of internal documents relating to personal data circulation.

Internal audit of corporate clients to ensure compliance with labor legislation.

Client representation in labor dispute resolution, including in courts of different instances.

Advice on various occupational safety matters, including industrial accident issues resolution.

Advice regarding formalization and termination of labor relations with employees.

most representative projects Ongoing advice to Mars Overseas Holdings, Inc. and its Kazakh subsidiary on various labor law matters: hire for job and labor relations termination; transfer of employees; payment of salaries, compensations and other additional payments; drafting of employment agreements, including those for executive personnel. Advice to Exxon Mobil Corporation’s group of companies on a wide range of labor law issues, including entering into and termination of employment agreements, work time, labor relations with foreign citizens, labor regulation for employees with non-standard working day, work permits, labor legislation compliance liability, collective agreements and pension legislation. Company representation in relations with authorized agencies and in disputable labor relations in connection with projects in Kazakhstan (since 1993 to present).

Advice to General Electric on various labor law matters: labor norm-setting, work and rest time (including on rotation), legal status of personnel provision agreements, secondment of employees, disciplinary liability, procedural and other aspects of employment agreement termination. Company representation before employment authorities. Advice to Jones Lang LaSalle LLP on various labor law issues: hire for job and termination of labor relations with company employees, including General Director; drafting of employment agreements, regulations and other employer’s acts.

Advice to Johnson & Johnson regarding termination of labor relations with employees on the grounds provided for by the local labor legislation, and on other labor matters. Advice to Hewlett-Packard on a wide range of labor law issues: fulfillment of state labor inspector’s ordinances; preparation of employment agreements; drafting of employee bonus regulations and drafting of other company internal documents, including job descriptions, staff schedules, orders, regulations, etc.

Advice to Scania Central Asia on local labor law issues, including drafting of employment agreements.

Legal assistance to Nova Zinc LLP on labor matters relating to the rights and obligations of the employer and employees; legal analysis of the company internal acts and employment agreements; trade union activities and other issues. Advice to Chartis Kazakhstan Insurance Company JSC on various local labor law issues: including protection of employees’ rights, conclusion and termination of employment agreements and employee compensation and insurance.

Legal assistance to Volvo Central Asia AB on labor relations in connection with its projects in Kazakhstan, including drafting of employment agreements; analysis of issues relating to the procedure for entering into and termination of employment agreements; salary, compensation and guarantee issues.

Advice to PetroKazakhstan Inc. on various aspects of labor law, including work and rest time, leaves, conclusion and termination of employment agreements and staff restructuring, in connection with its numerous projects in Kazakhstan.

Advice to Goltsblat BLP (Moscow office) on different Kazakh labor law issues, including drafting of labor documents.

Advice to Freshfields Bruckhaus Deringer (Moscow office) regarding disputable issues Ongoing advice to Saga Creek of entering into Gold Company LLP (a subsidiary of employment the Canadian gold-mining company) agreements and on various local labor legislation issues, regulation including protection of employees’ of labor relations rights, conclusion and termination of with employees employment agreements, compensations of Russian and employer’s liability insurance. railways in the Kazakhstan territory, subject to international legislation provisions. Labor law advice and assistance to Caterpillar Overseas S.A., and advice to its dealer, a large Turkish company, regarding disputable legal relations in connection with termination of employment agreement with its general manager.

Ongoing advice to Bechtel International Inc. and Enka Insaat ve Sanayi AS in connection with their joint activities for the construction of infrastructure facilities servicing major oil companies’ projects at Tengiz and Caspian offshore production zone regarding different labor matters, including rotation work; drafting of employment agreements and collective agreements; compensation and guarantees; obtainment of foreign labor engagement permits; company representation in disputable legal relations with authorized state labor agencies and employees.

Advice to Lucent Technologies Nederland B.V. on various labor law aspects, including drafting of employment agreements and analysis of salary, compensation and guarantee issues.

Advice to Granite International regarding shift-based and cumulative work time accounting; employee representatives’ participation in labor relations; drafting of employment agreements.

Advice to Lansky, Ganzger & Partner Rechtsanwälte GmbH and International University of Central Asia on migration and foreign labor engagement issues (2012). Advice to Chevron Europe, Eurasia, Middle East Exploration & Production Limited on complex issues of foreign labor engagement; drafting of different instructions regarding foreign citizens’ stay in the territory of the Republic of Kazakhstan.

Successful representation of Reckitt Benckiser in Kazakh courts of all instances in a dispute over reinstatement in office of an employee whose position (Head of Representative Office) has been displaced in the process of corporate governance restructuring (2012).

Advice to Microsoft Airland Operations on labor law issues, including drafting of employment agreements, confidentiality agreements and agreements on intellectual property rights assignment.

Legal assistance to Magnitogorsk Metallurgical Plant OJSC regarding labor law issues in connection with its branch closing and release of employees (2012).

Advice to Mitsui & Co Ltd. on different issues pertaining to special work time regimes for particular employee categories (2012).

Advice to Chagala Group Ltd. on various issues of labor legislation, including drafting of different documents in labor relations area, such as internal labor rules, orders, regulations, instructions and other employer’s acts; employment and collective agreements; development of employee incentive plans, payment regulations, etc. (2012–2013).

Advice to Schlumberger regarding social benefits to persons residing (working) in radiation hazard zones; engagement of foreign employees, possibility of their business travel and business visa issuance, and visa-free entry for the company foreign employees to Kazakhstan (2012–2013).

Advice to branches and representative offices of Tolmar Inc., Effective Energy, Ontex, Siveco, Pepeliayev Group, Canon and other companies on different issues in connection with changing a CEO in complying with all formalities relevant to labor relations termination (2012).

Integrated legal support to the local representative office of a large UK-based company specializing in independent testing and certification in the process of staff reduction, including company representation in court to resolve labor disputes (2013).

Complex advice on different labor issues and drafting of labor documents for Emirates Airline (2013).

Advice to the representative office of Boehringer Ingelheim Pharma GmbH on the issues of secondment and corporate transfer of local employees to other company’s subdivisions abroad; development of HR documents register and preparation of the required HR documentation; advice on personal data protection issues and drafting of internal documents relating to personal data circulation (2013).

Advice on a range of issues and legal support in the process of staff reduction and labor relations termination with employees by agreement of the parties for a local representative office of a major international pharmaceutical company (2013).

ratings Highly respected managing partner Olga Chentsova is a “strong and professional lawyer” with an analytical mind and the capacity to give practical advice. She is frequently called upon in various capacities for her substantial expertise on Kazakhstani legislation, including to advise on amendments in the law. Nurlan Sholanov attracts praise for his analytical skills and expertise on corporate law. “He has an easy-going personality and is sensitive to his clients' needs,” note sources, who also highlight Sholanov's experience

in working with international clients. He co-leads the firm's M&A practice, and recently advised Katren on the matter described above. Tatyana Suleyeva is co-head of the firm's finance practice, and is experienced at handling a range of banking, finance and capital markets transactions. She is respected by peers and clients alike.

aequitas is an established full-service local firm with, according to a competitor, “a good financial department.” Tatyana Suleyeva is a strong expert in capital markets with substantial proficiency in Eurobonds and other products. On the corporate and financial side, the firm focuses on mergers and acquisitions, debt capital markets and traditional financings. In the banking area, the firm predominantly advises lenders.

Recent highlights include a deal, relating to a large financing provided by aequitas' client to a grain exporter. The firm advised on the structuring of the deal and its security package, conducted due diligence on the borrower and grain warehouses, delivered a legal opinion and drafted and negotiated the transactional documents.

Peers and clients praise the team’s ability to handle complex issues. “It is a very skillful, knowledgeable, professional team, and it provides a high quality legal advice, so I have been quite satisfied so far,” says an international client. The firm is headed by managing partner and energy and natural resources expert Olga Chentsova. Finance-focused One of the leading all-round practices for both contentious and non-contentious matters. Particularly renowned for its strengths in employment, oil and gas, and litigation. Strengths (quotes mainly from clients) Efficiency: “They responded to our enquiries in a very precise and timely fashion.” Problem solving: “They not only point out problems but are also very quick at suggesting solutions.” Technical ability: “They consistently deliver good service and good quality, year in year out.” Aequitas’ 18-lawyer team provides reliable and comprehensive service across oil and gas, mining, financial services, manufacturing, and IT. It has advised regular client Chevron on customs and labour law matters, and recently acted for

partner Tatyana Suleyeva is also wellregarded. Chentsova has been advising international oil and mining companies and local businesses on subsoil, investment, contract, civil, environmental, corporate, privatisation, litigation and arbitration matters, while Suleyeva specialises in investment, corporate, antimonopoly.

aequitas managing partner Olga Chentsova and partners Tatyana Suleyeva and Natalya Braynina are acclaimed as the most recommended Energy and M&A professionals.

Eurasian Development Bank. Managing partner Olga Chentsova is highly regarded. Semion Issyk, Nurlan Sholanov, Yuliya Chumachenko and Nataliya Braynina are the other key figures.

LABOR LAW