{"id":32983,"date":"2020-03-12T16:16:00","date_gmt":"2020-03-12T13:16:00","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?p=32983"},"modified":"2020-03-16T16:19:36","modified_gmt":"2020-03-16T13:19:36","slug":"golden-parachute-as-a-method-of-unjustified-enrichment","status":"publish","type":"post","link":"https:\/\/de-ure.ru\/en\/2020\/03\/12\/golden-parachute-as-a-method-of-unjustified-enrichment\/","title":{"rendered":"&#8220;Golden parachute&#8221; as a method of unjustified enrichment"},"content":{"rendered":"\n<p>The former\nhead of the joint-stock company, who was dismissed by the shareholders for\nunsatisfactory work, filed a claim for compensation for early dismissal in the\namount of 100 million rubles. The applicant substantiated his claims by the\nfact that when extending his powers, the meeting of shareholders recorded such\ncompensation in case of early termination of his employment contract. A similar\ncondition was included in the Head&#8217;s employment contract. Defending the\ninterests of society, lawyer of &#8220;De jure&#8221; reminded that it is\nnecessary to be guided by the principle of proportionality of wages and\ncompensation for dismissal in order to avoid violating the General legal\nprinciple of abuse of law, and also that the head was dismissed for\nunsatisfactory work. As a result, the defense was able to prove the nullity of\nthe condition for payment of such substantial compensation, since the lawsuit\naimed at unjust enrichment, rather than protecting labor rights.<\/p>\n\n\n\n<p>On March 11,\n2020, Simonovsky District Court of Moscow completely refused the Plaintiff to\nsatisfy the claim.&nbsp; The interests of the\njoint-stock company were represented by lawyer of MCBA &#8220;Bureau of Lawyers &#8220;De\njure&#8221; Jacov Bulut.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The former head of the joint-stock company, who was dismissed by the shareholders for unsatisfactory work, filed a claim for compensation for early dismissal in the amount of 100 million rubles. The applicant substantiated his claims by the fact that when extending his powers, the meeting of shareholders recorded such compensation in case of early&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32983"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=32983"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32983\/revisions"}],"predecessor-version":[{"id":32984,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32983\/revisions\/32984"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=32983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=32983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=32983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}