Employment & Migration

In order to avoid luring away employees by other firms, as well as the need to compete with your own employees, we suggest developing non-competition and non-solicitation agreements that will protect your business from loss of personnel and unfair competition with your business partners.

The need for an independent personnel audit may arise on various grounds: buying and selling a business, identifying violations as a result of state inspection or as part of the company’s audit, identifying gaps in documenting individual personnel issues in case of a conflict between the employer and the employee, restoring order regarding changes in labor laws.

We are ready to analyze the required scope of issues with subsequent provisioning of a list of existing risks and recommendations for their elimination.

Based on personnel documentation for a particular employee, employer’s local acts that define working conditions, lawyers will prepare options for actions and relevant draft documents (orders, agreements on termination, etc.) and will take part in discussing the selected dismissal variant between the employer and the employee.

It is all done for the parties to receive complete and objective view of the legal consequences.

Employment agreements (contracts), contracts for full individual liability, contracts for training, orders, job descriptions are examples of binding legal formalities in Belarus. You can instruct a lawyer to verify these basic business documents or draft them from scratch with periodical updating of the templates created. 

In addition, there are both mandatory forms of local normative legal acts (internal labor regulations, occupational safety provisions, military registration provisions, etc.), as well as the forms that allow the employer to regulate certain personnel issues (provisions on remuneration of labor and bonuses, provisions on material aid, etc.).

Doing business often requires involvement of foreign top managers and single-skilled experts.

The lawyer’s task is to perform all procedures stipulated by the law, which include the following: timely registration of a foreign employee, obtaining a temporary residence permit, in some cases, obtaining a special permit for an employee including special requirements for employment contracts with foreigners, as well as non-standard duties of the employee, corporate policies on certain issues, increased responsibility in respect of trade secrets, etc.

The commercial secret protection secret and the non-disclosure agreement are the two key documents that establish how your know-how, products, competence and reputation is protected. These local acts do not replace technical protection means (e.g., DLP systems), but establish the procedure and regulations of access to the information that brings you profits.

We recommend regulating these issues in parallel with recruiting first employees.

By understanding the goals and objectives of the parties, our lawyers assist in incorporation of joint ventures in design of relationships of the parties. When developing constituent and other documents, we pay special attention to governance issues, the procedure of managing of parts/shares, interests of major (minor) shareholders, responsibility management.

By coordination of the negotiating process, we find negotiable ways to resolve deadlock situations.