Managing partner of Levant and Partners Valery Narezhny commented on the situation at the Ford plant.

The administration of the Ford plant decides to dismiss the leader of the trade union organization, Alexei Etmanov, and his deputy, Vladimir Lesik, for organizing a long strike, which led to large financial losses for the company. Previously, the administration of Ford Motor Company CJSC assured that it had not taken steps to dismiss trade union leaders. “The cornerstone of Ford’s position is the decision of the Leningrad Regional Court of November 19, 2007 to recognize the strike as illegal,” says Valery Narezhny, a partner at the law firm Levant and Partners. “This actually gives Ford the right, in accordance with Article 417 of the Labor Code of the Russian Federation, to subject workers who participated in the strike to disciplinary action for violating labor discipline.” However, Mr. Narezhny believes, such a penalty cannot be grounds for dismissal, especially since the dismissal of employees included in the elected bodies of trade union organizations is possible only with the prior consent of a higher trade union body or in accordance with Art. 373 Labor Code of the Russian Federation. It states that the employer, regardless of the consent of the trade union, dismisses the employee, but the latter can appeal the dismissal to the state labor inspectorate, which will consider the complaint within ten days and, if the dismissal is declared illegal, will issue an order for reinstatement. (“Kommersant” No. 6(3823) dated January 21, 2008)