Big Bang Times
The crisis year of 2009 was marked with substantial demand for legal assistance in terms of staff dismissal. The financial problems in all economic sectors entailed various collective disputes. Many market insiders also reported on litigation proceedings on dismissal, change of position or demotion, delayed payment of salary, etc.
Vasil Kisil & Partners maintains its reputation as a heavyweight. Its experience of labor and employment law in 2009 included advising a subsidiary of a major Swedish bank in Ukraine in a number of labor matters arisen from the merger of two Ukrainian subsidiary banks; representation of a world-known international news agency in a labor dispute initiated by a reporter. Vasil Kisil & Partners also advised a leading international medical manufacturer in a range of dismissal matters in the course of business restructuring. Oksana Voynarovska is constantly mentioned as one of the leading lawyers in labor law.
The Salkom law firm has great experience of representing the interests of clients in employment disputes in Ukrainian courts as well as general advice derived from transactional employment matters. The firm’s partner Alexey Kot is well known for his expertise in individual and collective labor law.
2009 was very productive in labor law practice area for Konnov & Sozanovsky attorneys at law. The firm advised Ukrainian companies of Lactalis Group on issues on labor remuneration and employee benefits, trade union relations, collective agreements, restructuring and changes of working conditions; Evonik Industries on arrangements with employees and labor safety issues. The firm’s clients include Canon North-East Oy, GTZ GmbH, Ukrpishchepromservis, Tupperware LLC, SB-Transline Ltd, Oriflame Cosmetics Ukraine, Logoplast Ukraine Ltd, Schlumberger Oilfield Ukraine, FilmMagic Technologies Ltd In addition, in 2009 the firm successfully represented the interests of its client Sberbank of Russia, in court proceedings regarding disputes, including labor law issues. The team of main practitioners Andrey Nikonenko and Helen Kasatkina is headed by young partner Borys Lobovyk.
Asters gained a wide range of experience in dealing with all labor, employment and benefit issues arising during clients’ purchase, sale, opening or closing of business operations in Ukraine. The firm provided legal advice on labor and employment issues in 2009 to Nissan, Coca-Cola Beverages Ukraine, STX Europe, Swedbank, Hilding Anders International AB, Sopharma AD, PhosAgro, Freescale Semiconductor, Inc. as well as to a world leading aerospace company. Senior partner Armen Khachaturyan and partners Oleksandr Padalka and Svitlana Poroschuk are recognized as leading experts in this practice.
The Kiev office of Gide Loyrette Nouel focused its practice on advising Ukrainian subsidiaries of international companies — firm’s clients, in particular originated in France banks, manufacturers of veterinary products, cosmetics producers, pharmaceuticals, car producers, construction and retailers. One of the recent highlights include a memo for one of the world’s leaders of construction materials production detailing the procedure required for legalization of employment and residence in Ukraine of 500 Chinese citizens who were required for a large construction project. Karl Hepp de Sevelinges, Bertrand Barrier and Inna Kostrytska handle the legal work on the mentioned area.
The labor and employment practice in the Kiev office of CMS Cameron McKenna is accomplished by the commercial practice group and includes Olexander Martinenko, Tetyana Budyakova and Yaroslav Petrov. The team represented the interests of a dental company in an employment dispute with its employees, representing the interests of several UK and European companies in securing work permits and relocating groups of their expatriate employees to Ukraine to work in Ukraine; a major international company on labor law issues related to the internal restructuring in its Ukrainian subsidiaries; acted for a number of international clients in the negotiations of collective bargaining agreements, advising a number of international clients on terminating the employment of their top managers in Ukraine.
Regarding labor and employment issues in Ukraine DLA Piper advised global clothes retailer Inditex S.A (ZARA brand), Gazprom, Saint-Gobain Isover, Symantec, General Electric, etc. Labor advice mainly given by the team often relates to appointment of personnel in Ukraine, its retention, driving the clients through termination of employment, and advising on employee stock options structures, obtaining work permits, drafting collective labor agreements and internal labor procedures. Margarita Karpenko, managing partner, as well as Alla Gavrushko and Ivan Lyakh are the main practitioners.
ILF has shown significant involvement in labor litigation. Partner Sergiy Silchenko represented the interests of the National University of Pharmacy in court in a lawsuit regarding labor law issues with a former employee.
Andriy Kravets & Partners law firm was dedicated to providing, strategic and practical legal advice to the firm’s corporate clients such as Nokia Siemens Networks Ukraine, Glencore International AG, Lennox International, Estron Corporation Limited on a broad range of labor and employment law matters. One of the firm’s major highlights included advising the Autodesk Software Company on various issues of Ukrainian corporate law related to the possibility of realization of a stock option plan for the company’s employees in Ukraine. Vladyslav Lyaskovskiy is the firm’s main specialist in handling employment law matters.
Gvozdiy & Oberkovych law firm developed proactive labor and employment solutions that facilitated solid employer-employee relationships. In 2009 the firm focused significantly on obtaining work permits for foreign citizens to chair managerial positions at the companies newly acquired in Ukraine by foreign investors, advised on options of staff structuring, dismissal and rotations as a part of corporate restructuring and reorganization. The representative client portfolio for this area included PSG-International a.s.:, Cambridge Staffing Solutions LLC and others. Lawyers Maxim Lebedev and Yuliya Petrenko were very active in labor and employment advice.
Baker & McKenzie delivers regular employment law advice to its clients in Ukraine. In 2009 the team advised one of the leading manufacturers of agricultural machinery, multinational computer technology corporation and a chain of fast food restaurants on various employment law matters; continued supporting ArcelorMittal on its business activities in Ukraine; advised L’Oreal with respect to establishing its presence in Ukraine included labor and employment law issues in connection thereto. Legal services were provided under leadership of partners James Hitch and Serhiy Piontkovsky, with the contribution of associates Oksana Vynarchyk and Mariana Marchuk.
Sayenko Kharenko represented international and domestic clients with respect to complex employment and labor law matters, including employment relationships, restructuring and redundancy, employee benefits, employee dispute resolution and mediation. In 2009 the firm advised Commerzbank, Societe Generale S.A., UniCredit Group, Philip Morris Ukraine, UBS and others on Ukrainian labor law issues including the development of employment policies, regulations and procedures. In 2009 the firm attracted a new counsel Svitlana Kheda to strengthen the firm’s corporate practice with special focus on labor and employment law.
One of the strongest sides of INTEGRITES labor practice referred to employment issues arising in the course of M&A transactions and restructuring of businesses. The main practitioners are Natalia Tomashevska and partner Oleksandr Aleksyeyenko, who recently joined the firm, also advised clients on employment law issues related to: long-term incentive plans, option agreements for senior management, mass redundancies and HR policies. Key clients include the embassies of Switzerland, Iraq, Sweden and Malaysia to Ukraine.
The team of Ernst & Young, with partner Olga Gorbanovskaya management legally supported a multinational oil and gas company, large commercial bank, a large telecommunication company in the sphere of labor law and HR administration. In particular, the team provided daily assistance in employment, termination and transfer of employees, preparation of all necessary documentation and active assistance in resolving conflict situations and disputes.
In the process of restructuring of MIBS Travel Marina Slobodnichenko, a partner of the Jurimex law firm, worked on legal composition of staff transfer and labor disputes regarding company management demission.
In 2009 ENGARDE the firm advised Henkell & Sohnlein on dismissal of the general director of Kiev Factory of Sparkling Wines Stolychny, the company’s newly acquired assets in Ukraine. The firm’s professionals are also experienced in settlements of employment-related disputes and labor litigation. Irina Nazarova is regarded as a key specialist for labor law matters in the firm.
Peterka & Partners regularly advise international businesses presented in Ukraine on labor and employment matters. Clients of the firm’s Kiev office include Giraud Ukraine, Veolia Voda S.A., SNEF S.A., Manship Holding AS, Novo Nordisk A/S, Crestyl Management a.s., Creditinfo Solutions, s.r.o., Catinvest S.A. Legal advice in diverse employment law issues are delivered under the leadership of Alexander Poels and Monika Simunkova Hoskova.
The team of Lexwell & Partners developed procedures of optimization of labor processes and settlement of employment of disabled people. Paritet Law Firm acted as legal adviser of Pfizer, Ciklum, Scandinavian companies and outstaffing services provider on various employment matters. The Jurline law firm has been working on reinstatement of the chairman of the board of OJSC Orion. KPD Consulting law firm advised and drafted model labor documentation for both Ukrainian and foreign clients.