Labour rights in the Constitution

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According to Article 7 of the CRF, the Russian Federation is a social state, whose policies shall be aimed at creating conditions, which ensure a dignified life and the free development of man. It shall protect the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.

Article 37 of the CRF enumerates basic labour rights, including free choice of type of activity and profession, prohibition of forced labour, working conditions which meet safety and hygiene requirements, remuneration without any discrimination, minimum wage established by federal law, protection against unemployment, right to individual and collective labour disputes, right to strike, guaranteed statutory duration of work time, days off and holidays, and paid annual leave.

Article 30 of the CRF envisages that everyone shall have the right to association, including the right to create trade unions in order to protect one's interests.

According to Article 55 of the CRF, the listing of the basic rights and liberties in the CRF shall not be interpreted as the denial or belittlement of the other commonly recognized human and citizens' rights and liberties. No laws denying or belittling human and civil rights and liberties may be issued in the Russian Federation. Human and civil rights and liberties may be restricted by the federal law only to the extent required for the protection of the fundamentals of the constitutional system, morality, health, rights and lawful interests of other persons, for ensuring the defense of the country and the security of the state.

Labour Code

The history of Labour Codes in Russia goes back to the Labour Codes of 1918, 1922 and 1971. The latter was introduced on the basis of the USSR Fundamentals of Labour Legislation dated 15 July 1970, which had been created as a legislative framework for the entire Soviet Union. The current Labour Code of the Russian Federation of 30 December 2001 (hereafter " the LC" ) has been in force since 1 February 2002. It consists of 6 parts, 62 chapters and 422 articles which deal, inter alia, with the following major labour law issues:

• fundamentals of labour legislation (purposes of labour legislation; basic principles of regulation; non—discrimination; prohibition of forced labour; the system of labour legislation);

• the respective competencies in labour law making of the Russian Federation and its constituents;

• labour relations, their parties and grounds for establishment, including employee's and employer's basic rights and responsibilities;

• social partnership, including tripartite cooperation, collective bargaining and workers' participation;

• contract of employment;

• protection of workers' personal data;

• conditions of work, including work time; rest time, including leave;

• remuneration;

• labour discipline;

• health and safety;

• women's labour, including maternity protection;

• youth (under 18 years of age) labour;

• seasonal work, home work, domestic work, etc.;

• work in a number of specific sectors, including education and

transportation;

• protection of workers' rights by the trade unions;

• labour disputes settlement.

Law and order

(Sample of a presentation)

Good afternoon, ladies and gentlemen!

Let me introduce myself, I'm Victoria Petrova, corporate lawyer of international law firm " Law and order".

Today I’m going to speak about our law firm. I’m sure that as third-year students you need to begin planning for life after university no matter how far ahead this may seem at the moment.

There are 3 points I’d like to cover today. First, I’ll start by giving you a little information about “Law and order”. I’ll then go on to outline what we have to offer to our new associates. Finally, I’ll also talk a little about what we expect from our potential graduate recruits. There will be a few minutes available for questions at the end of my talk but do feel free to interrupt me at any time.

So, to start with, who are “Law and order”? We are an independent commercial practice designed to provide the highest-quality legal services to our clients. To accomplish this goal, we are committed to recruiting and retaining associates capable of helping us meet that commitment.

This brings me to my next point: what do we have to offer to new associates? A new associate lawyer is generally assigned to a practice area compatible with his or her interests while considering the needs of the firm. However, we remain flexible enough to allow all of our lawyers to explore various areas of practice.

Finally, “Law and order” may be more demanding than an average practice but the rewards are worth it. Think to yourself – where do I want to be by the age of 30? Some of you will, I hope, be partners with “Law and order”.

OK, that’s everything I wanted to say about our firm. I’d be very happy to answer any questions you may have.

Franchising

(Sample of text analysis)

Core Vocabulary:

Franchise— право на производство и продажу продукции другой компанией; договор франшизы

Franchise agreement— договор франшизы

Franchisor— фирма, предоставляющая привилегию

Franchisee— предприятие, получившее право продажи марочного товара фирмы

Grant a right— предоставить право

Trademark/service mark— торговая марка/ торговая марка сервисной фирмы

Fee— плата; денежный сбор

Royalty— гонорар; плата за право пользования (зд. франшизой)

Franchised dealer— дилер, продающий товары или услуги по договору франшизы

Franchising is the practice of using another firm's successful business model. The word 'franchise' is of Anglo-French derivation—from franc—meaning “free”, and is used both as a noun and as a verb. For the franchisor, the franchise is an alternative to building 'chain stores' to distribute goods and avoid investment and liability over a chain. The franchisor's success is the success of the franchisees. The franchisee is said to have a greater incentive than a direct employee because he or she has a direct stake in the business.

Except in the US, and now in China (2007) where there are explicit Federal (and in the US, State) laws covering franchise, most of the world recognizes 'franchise' but rarely makes legal provisions for it. Only Australia, various provinces within Canada, France and Brazil have significant Disclosure laws but Brazil regulates franchises more closely.

Where there is no specific law, franchise is considered a distribution system, whose laws apply, with the trademark (of the franchise system) covered by specific covenants.

Contents:

1. Overview

2. Obligations of the parties

3. Franchise agreement

Overview.

Businesses for which franchising works best have the following characteristics:

Businesses with a good track record of profitability.

Businesses which are easily duplicated.

As practiced in retailing, franchising offers franchisees the advantage of starting up quickly based on a proven trademark, and the tooling and infrastructure as opposed to developing them.

The following US—listing tabulates the early 2010 ranking of major franchises along with the number of sub-franchisees (or partners) from data available for 2004. It will also be seen from the names of the franchise that the US is a leader in franchising innovations, a position it has held since the 1930s when it took the major form of fast-food restaurants, food inns and, slightly later, the motels during the first depression. Franchising is a business model used in more than 70 industries that generates more than $1 trillion in U.S. sales annually (2001 study). Franchised businesses operated 767, 483 establishments in the United States in 2001, counting both establishments owned by franchisees and those owned by franchisors:

1. Subway (Sandwiches and Salads | Startup costs $84, 300 – $258, 300 (22, 000 partners worldwide in 2004).

2. McDonald's | Startup costs in 2010, $995, 900 – $1, 842, 700 (37, 300 partners in 2010)

3. 7-Eleven Inc. (Convenience Stores) |Startup Costs $40, 500- 775, 300 in 2010, (28, 200 partners in 2004)

4. Hampton Inns & Suites (Midprice Hotels) |Startup costs $3, 716, 000 – $15, 148, 800 in 2010

5. Great Clips (Hair Salons) | Startup Costs $109, 000 - $203, 000 in 2010

6. H& R Block (Tax Preparation and e-Filing) | Startup Costs $26, 427 - $84, 094 (11, 200 partners in 2004)

7. Dunkin Donuts | Startup Costs $537, 750 - $1, 765, 300 in 2010

8. Jani-King (Commercial Cleaning | Startup Costs $11, 400 - $35, 050, (11, 000 partners worldwide in 2004)

9. Servpro (Insurance and Disaster Restoration and Cleaning) | Startup Costs $102, 250 - $161, 150 in 2010

10. MiniMarkets (Convenience Store and Gas Station) | Startup Costs $1, 835, 823 - $7, 615, 065 in 2010

There are midi-franchises like restaurants, gasoline stations, trucking stations which involve substantial investment and require all the attention of a business.

There are also large franchises — hotels, spas, hospitals, etc.

Two important payments are made to a franchisor: (a) a royalty for the trade-mark and (b) reimbursement for the training and advisory services given to the franchisee. These two fees may be combined in a single “management” fee. A fee for “disclosure” is separate and is always a “front-end” fee.

A franchise usually lasts for a fixed time period (broken down into shorter periods, which each require renewal), and serves a specific “territory” or area surrounding its location. One franchisee may manage several such locations. Agreements typically last from five to thirty years, with premature cancellations or terminations of most contracts bearing serious consequences for franchisees. A franchise is merely a temporary business investment, involving renting or leasing an opportunity, not buying a business for the purpose of ownership. It is classified as a wasting asset due to the finite term of the license.

A franchise can be exclusive, non-exclusive or “sole and exclusive”.

Although franchisor revenues and profit may be listed in a franchise disclosure document (FDD), no laws require the estimate of franchisee profitability, which depends on how intensively the franchisee “works” the franchise. Therefore, franchisor fees are always based on 'gross revenue from sales' and not on profits realized.

According to the International Franchise Association approximately 4% of all businesses in the United States are franchisee-worked.

Franchisor rules imposed by the franchising authority are usually very strict and important in the US and most countries need to study them to help the small or start-up franchisee in their countries to protect them. Besides the trademark, there are proprietary service marks.

Obligations of the parties

Each party to a franchise has several interests to protect. The franchisor is most involved in securing protection for his trademark, controlling the business concept and securing his know-how. This requires the franchisee to carry out the services for which the trademark has been made prominent or famous. There is a great deal of standardization proposed. The place of service has to carry the franchisor's signs, logos and trademark in a prominent place. A service can be successful by buying equipment and supplies from the franchisor or those recommended by the franchisor if they are not over-priced.

The franchisee must carefully negotiate the license. They, along with the franchisor must develop a marketing plan or business plan. The fees must be fully disclosed and there should not be any hidden fees. The start-up, costs, and capital must be known before taking the license. There must be assurance that additional licensees do not crowd the " territory" if the franchise is worked to plan. The franchisee must be seen as an independent merchant. He must be protected by the franchisor from any trademark infringement by third—parties. A franchise attorney is required to assist the franchisee during negotiations.

Franchise agreement

Franchise agreements carry no guarantees or warranties and the franchisee has little or no recourse to legal intervention in the event of a dispute. Franchise contracts tend to be unilateral contracts in favour of the franchisor. Most franchisors make franchisees sign agreements waiving their rights under federal and state law, and in some cases allowing the franchisor to choose where and under what law any dispute would be litigated.

Work plan

Translation.

Franchise agreement—a legal agreement that allows one organization w ith a product, idea, name or trademark to grant certain rights and information about operating a business to an independent business owner. In return, the business owner (franchisee) pays a fee and royalties to the owner.

Договор франшизы—правовой договор, который позволяет одной организации (фирме, предоставляющей привилегию), имеющей продукцию, идею, имя или торговую марку предоставлять определенные права и информацию о ведении бизнеса независимому собственнику бизнеса. В свою очередь, собственник бизнеса (предприятие, получившее право продажи марочного товара фирмы) платит денежный сбор и плату за право пользования собственнику.

Questions to the text.

1. What does a franchise agreement mean?

2. Why is an attorney required to sell or purchase the rights to operate a certain business?

3. Why do some entrepreneurs choose a franchise business?

4. Who grants and who obtains the right to use a trademark, know-how or technology?

5. What does a franchisee pay for?

Grammar in use.

1. The franchisee is said to have a greater incentive than a direct employee because he or she has a direct stake in the business.

The franchisee is said to have—конструкция сложного подлежащего

2.Franchising is thepractice of using another firm's successful business model.

using—неличная форма глагола — герундий

3. These two fees may be combined in a single “management” fee.

may be combined may—модальный глагол

be combined—инфинитив в страдательном залоге

4. Franchisor rules imposed by the franchising authority are usually very strict.

Imposed—причастие II (в функции определения)

Clinical training in court.

(Sample of a report on clinic)

The court is an organ of state that administers justice on the basis of the laws of the state. The basic judicial organ is the district court. It tries both criminal and civil cases. Cases are tried in public and proceedings are oral. The participants in the trial / the victim, the accused, the plaintiff, the defendant and others/ speak in open court. The accused has the right to defence.

Like all students of the legal profession I took a training clinic course in court for two weeks. I got acquainted with the structure of the court, the rules of civil and criminal procedure, the work of federal judges and the clerks of the court. I was taught to work with summons sending them to citizens and organizations and various court documents, just the way lawyers do. I also got acquainted with the principles of electronic filing.

I find this experience very useful. It helped me realize what the judge’s job is like. I consider it a very difficult and responsible job – you deal with people, protect their rights, impose punishment. So, it’s very nervous but it’s very important too.

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