ARTICLE
8 July 2020

A Company Still Operating Can't Dismissal Employees On Grounds Of Liquidation: Ruling From Russia

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A company was declared bankrupt and some employees were dismissed, due to the liquidation of the company. Employees considered their dismissal unlawful and applied to the court.
Russian Federation Employment and HR

The Moscow City Court has ruled that if a company continues operating, the dismissal of its employees on the grounds of liquidation is illegal.

A company was declared bankrupt and some employees were dismissed, due to the liquidation of the company. Employees considered their dismissal unlawful and applied to the court. They supported their claims with the fact that the bankruptcy proceedings were extended, and the company had actually hired other individuals to fill their positions. The Moscow City Court supported the employees, indicating that the company had not been expelled from the Unified State Register of Legal Entities and was continuing its activities. These facts meant that it did not have the right to dismiss employees on the grounds of the liquidation.

Source: Appeal ruling of the Moscow City Court, dated February 26th, 2020 No. 33-7837/2020

For a full digest of recent Russian case law relevant to employers, click here.

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