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20.11.2021

Settlement of a labor dispute involving the Embassy

Project manager:

Managing partner
Corporate practice, Litigation, Investment projects
November 20, 2021

Settlement of a labor dispute involving the Embassy

The embassy asked to support a legal dispute with the former employee. The employee did not agree to the termination of the fixed-term employment contract with the Embassy due to his late notification of termination. In addition, the court filed demands for compensation for non-pecuniary damage and the recovery from the Embassy of the average income during forced absenteeism. The BBNP team did not agree to this requirement. After studying all the circumstances of the case, the lawyers drew up an appropriate legal position. During the litigation, through the negotiation process, it was possible to reach a consensus with the dismissed employee and conclude an amicable agreement with him. Thus, the parties to the conflict were able to quickly resolve the existing dispute. However, it is worth paying attention to one of the points related to the subject of this dispute himself - the Embassy. In accordance with Article 2 of Federal Law No. 297-FZ, jurisdictional immunities include judicial immunity, which means the obligation of a Russian court to refrain from involving a foreign state in judicial proceedings. However, in this case, the court ignored this rule and continued the procedural dispute.

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