The\ngrounds for refusing to pay additional compensation are those circumstances\nthat, despite the assurances and guarantees provided for by the Supplemental\nAgreement, the asset quality of the Employer and its affiliate has\nsignificantly deteriorated during the period when the Employee performed the\nduties of the Chairman of the Bank\u2019s board.<\/p>\n\n\n\n
In\naddition, the Bank referred to the circumstances that the Bank knew that the\nEmployee speaks at public events, forums, and also participates in the\nimplementation of projects to build a factoring business and advises on the\nconstruction of a factoring business, which was prohibited to him in accordance\nwith the Supplementary Agreement to the employment contract. In this regard, the Bank concluded that the\nEmployee did not comply with the terms of the Supplemental Agreement, and,\naccordingly, that the Bank did not have the obligation to pay additional compensation\nas provided for in the Supplemental Agreement.<\/p>\n\n\n\n
At\nthe same time, the Bank\u2019s refusal to pay compensation did not contain any\nevidence that the Employee had not fulfilled its obligations.<\/p>\n\n\n\n
The Plaintiff, through a lawyer, appealed to\nthe Bank and subsequently filed a claim to Simonovsky District Court of Moscow\nto recover additional compensation.<\/p>\n\n\n\n
The\nBank objected to the claims of the Employee and asked to completely refuse\nthem.<\/p>\n\n\n\n
During\nthe trial, the Plaintiff\u2019s lawyers filed petitions to oblige the Defendant to\nprovide documentation substantiating the Defendant\u2019s objections, and in\nparallel to send judicial requests to the Central Bank, namely, to provide:<\/p>\n\n\n\n
—\nInformation on the implementation and \/ or availability of reserve funds in the\ncase of debt of the Bank’s client companies, with provision of a transcript of\nthe reserve – on the date of dismissal of the employee and on the date of\nfulfillment of the Bank’s obligation to pay additional compensation.<\/p>\n\n\n\n
—\nInformation to which quality category loans were assigned on these companies\nfor the indicated 2 dates according to section 1.7. of Provision of Bank of\nRussia of March 26, 2004 N 254-P and\nsection 1.7 of Provision of Bank of Russia of June 28, 2017 N 590-P \u201cOn the\nProcedure for Formation by Credit Institutions of Reserves for Possible Losses\non Loans, Loans and Equivalent Debts to It\u201d.<\/p>\n\n\n\n
—\nMaterials for the Risk Management Committee regarding the named organizations,\nnamely: report on the negotiations held, conclusion of the credit analyst\nservice; financial risk analysis management report; decision to declare the\nasset problematic.<\/p>\n\n\n\n
—\nRegulations for factoring customer service.<\/p>\n\n\n\n
— Regulation on the Risk Management Committee\nand the Rules of its work.<\/p>\n\n\n\n
— Defendant\u2019s internal local regulatory acts,\nregulating the procedure for assigning customers to different categories of\nasset quality.<\/p>\n\n\n\n
—\nDecision of the Risk Management Committee on classifying the debts of these\ncompanies as distressed assets.<\/p>\n\n\n\n
—\nDocuments confirming the recognition of loan debt from these companies to the\nBank as of the date of signing the Supplemental Agreement to the employment\ncontract.<\/p>\n\n\n\n
—\nDocuments confirming a decrease in the quality of the assets of these\norganizations for the period from the date of dismissal of the employee to the\ndate of fulfillment of the Bank’s obligation to pay additional compensation.<\/p>\n\n\n\n
—\nRegulation on the analysis of the financial condition of customers before\nconcluding contracts.<\/p>\n\n\n\n
—\nThe job description of the Chairman of the Management Board of the Bank, with\nwhich the employee was acquainted, acting for the period the Plaintiff occupies\nthe specified position.<\/p>\n\n\n\n
—\nIt was the statement by the Plaintiff\u2019s lawyers of these petitions that\nprompted the Bank to offer our Principal a settlement agreement, the terms of\nwhich suit him.<\/p>\n\n\n\n
As\npart of the trial between the Plaintiff (Principal) and the Defendant (Bank),\nan amicable agreement was concluded to pay compensation to the Plaintiff in the\namount of 3,000,000 Rubles, which was executed by the Defendant within two days\nfrom the date of the court’s Ruling on the approval of the settlement\nagreement.<\/p>\n\n\n\n
N.V.\nFilippov and T.A.Bogomolova, lawyers of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d took\npart in development of a legal position and representation of interests of the\nPrincipal in court.<\/p>\n","protected":false},"excerpt":{"rendered":"
The grounds for refusing to pay additional compensation are those circumstances that, despite the assurances and guarantees provided for by the Supplemental Agreement, the asset quality of the Employer and its affiliate has significantly deteriorated during the period when the Employee performed the duties of the Chairman of the Bank\u2019s board. In addition, the Bank…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111,143,107],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33156"}],"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=33156"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33156\/revisions"}],"predecessor-version":[{"id":33157,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33156\/revisions\/33157"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}