“It would be easier for you to pay the employee the requested amount than to go to court with them, especially since it’s a small sum for your Company…”
“It’s better for you to reinstate the employee than to suffer reputational losses…”
“You’d better reach an agreement with your employee, or else they’ve created such a fuss, filed a complaint on the President’s portal, and are causing a public outcry. I don’t want to get involved with them…”
If you are a Company lawyer or a hired law firm representing the employer’s interests, then these phrases are familiar to you, and you’ve likely heard them from State Labor Inspectorate officials and even from civil court judges.
In recent years, the legislator has done a great deal of work to ensure the protection of employees’ rights, to prevent forced labor, to strengthen the responsibility of managers of legal entities for violation of workers’ rights, many normative and legal acts are brought in line with the requirements of the norms of international law, conventions of the International Labor Organization. At the same time, the legislator often forgets that the employer as a party to labor relations, also needs to ensure the protection of his rights, although due to recent trends in labor legislation to do this is becoming increasingly difficult.
LEGATE court practice on labor disputes, shows that in many cases the employee’s appeal to the court or the State Labor Inspectorate, it is not only a “matter of principle”. Due to the presence of sufficiently high salaries in a number of professions and the establishment of judicial practice on the recovery of material and moral damages, the decision in favor of the employee, may lead to significant financial losses, time and reputational losses of the Company and its foreign founders, personal administrative or criminal liability of the Company’s managers for violation of labor laws.
To prevent these risks and losses, due to the large number of requests from Clients, LEGATE Law Firm has opened the practice of Legal HR Audit /HR AUDIT/.
In the course of independent professional research, we identify deficiencies in existing labor contracts, orders, local acts, policies of the Company, provide recommendations for their elimination, identify risks that may lead to financial and reputational losses of the Client in connection with possible labor disputes.
Our experience shows that despite all the difficulties, with a properly developed strategy, it is possible to achieve a positive result in many cases, however, for the business reputation and finances of the Client it is always better to “quietly” prevent a legal dispute than to win a “loud” victory in court.
The amendments to Uzbekistan's legislation, which introduced the concept of "Abuse of Law" into the Tax Code, are currently causing many questions and ambiguous interpretations. In accordance with Article 14 of the Tax Code of Uzbekistan: if a taxpayer performs operations or a series of operations, the sole or primary purpose of which is to obtain an unjustified tax benefit in the form of non-payment or reduction of taxes owed, such actions are considered an abuse of rights for the purposes of this Code.
"Never say that you know a person if you have not divided an inheritance with them" (Johann Kaspar Lavater, Swiss writer, poet, and philosopher). Time has accelerated its pace: years pass by like days, and days fly by so quickly that you hardly notice them. Everything around us is changing rapidly, but the human desire to live in happiness and prosperity has remained unchanged throughout the centuries. Confidence in the future, the belief that what has been earned and accumulated will “serve” children, and possibly grandchildren, is also an understandable human desire. What opportunities does the law provide for the realization of all of the above? Naturally, we are talking about inheritance law. In Uzbekistan, expressing one's will by leaving orders regarding one's property in case of death is not as popular as, for example, in European countries. Perhaps, the reason lies in the traditional patriarchal way of life, habitual for the people, where the word of a man - the head of the family - has supreme power and does not require legal formalization.
