Elena Kukushkina is a counsel and coordinator of the Labor and Migration practice in the Moscow Office of Baker McKenzie. She is experienced in employment and immigration law issues. Elena Kukushkina has a wide experience of representing of major Russian and international companies in the courts of different instances in labor disputes (including claims for reinstatement, challenging disciplinary sanctions, payment of regional premium rates, breach of trade union members' rights, etc.).
Representative Legal Matters
- Supported a multinational pharmaceutical company in termination of employment and corporate relations with CEO of its legal entities in Russia and Ukraine and head of representative offices in 10 jurisdictions (Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Mongolia, Russia, Ukraine and Uzbekistan); successfully represented client in the State Labor Inspectorate, Prosecutor's office and in court in employment disputes; provided on going advice on employment (including remote work arrangement and electronic documents flow) and personal data law issues.
- Successfully supported a multinational FMCG company in the appellate instance in a complicated labor dispute with a conflict trade union leader; supported client in structuring of remote work arrangements with all its employees due to recent amendments to the Russian Labor Code; supported client with structuring separation with a foreign national top-manager in Kazakhstan and Russia.
- Successfully supported a multinational pharmaceutical company in numerous complicated labor disputes with its employees (including claims regarding employees' dismissals, disciplinary penalties, recognition of indefinite term employment relations, etc.). Provided full support in separating with poor performing employees (participating in negotiations, building disciplinary case, creating and realizing dismissal strategy). Provided legal support to the client during internal reorganizations, developed set of internal documents on formalizing remote working arrangements and electronic document flow due to recent amendments to the Russian Labor Code.
- Advised an international bank on structuring of remote working arrangements for all its employees due to recent changes to the Russian Labor Code and COVID-19 restrictions; on-going advice on employment law issues and structuring of remuneration and benefits schemes.
- Supported a multinational conglomerate corporation in technology sector in a mass restructuring of its headcount in Russia, including, developing the strategy and step-plan, drafting all required documents and resolving non-standard situations, providing ongoing advice to the client on various other issues. Successfully participated in termination negotiations with the employees in several regions of Russia.
- Supported an IT company in the process of termination of employment with its top-manager because of conflict of interests revealed.
- Supported a multinational telecommunication services company on various employment related projects, including urgent separation with its Russian CEO and their replacement.
- Supported client in terminating all headcount in Russia due to close of company's operations as a result of a global restructuring process, including, developing the strategy and step-plan, drafting required HR documents and resolving non-standard situations, providing ongoing advice to the client on various other issues.
- Advised Whirpool on employment and migration issues, including advising on structuring of business operations during pandemic.
- Advised Fresenius Kabi, global pharmaceutical company, on employment issues, supported client during internal restructuring and its implementation; advising client on structuring of business operations during pandemic.
- Leading individual in Employment in Russia, Legal 500 EMEA 2021
- Leading lawyer in Employment (Band 1) in Russia, Chambers Europe 2021
Professional Associations and Memberships
- American Chamber of Commerce, HR Committee - Co-Chair
- Russia (1999)
- Moscow State University (1999)
- Co-author, "Russia: New industry agreement for machine-building sector," Bakermckenzie InsightPlus, 12 August 2020
- Co-author, "Moscow Extends Self-isolation Regime," Baker McKenzie InsightPlus, May 2020
- Co-author, "COVID-19 - Russia Eases Rules for Foreign Employees," Baker McKenzie InsightPlus, April 2020
- Co-author, "Moscow Announces New Restrictions on Businesses and Residents," Baker McKenzie InsightPlus, April 2020
- Co-author, "Latest Measures Against Coronavirus in Russia," Baker McKenzie InsightPlus, April 2020
Baker & McKenzie - CIS, Limited is a member of Baker & McKenzie International, a Swiss Verein.