On April 5, 2006, CITI, represented by the Chairman of the Board of Directors and Gavrilova, entered into an employment contract for a period of three years, in accordance with which Gavrilova was appointed to the post of President of CITI. Clause 3 of Article 7 of the said agreement establishes that in case of termination before its expiration by decision of the Board of Directors, the president shall be paid compensation for early termination of the agreement in the amount equivalent to $ 100,000 no later than one month from the date of such decision. On May 27, 2007, the plaintiff was dismissed from her position under paragraph 2 of Article 278 of the Labor Code of the Russian Federation in connection with the adoption by the Board of Directors of CITI OJSC of a decision on the early termination of the employment contract. Compensation to the employee was not paid, in connection with which Gavrilova was forced to go to court.
Refusing to satisfy the requirements, the court proceeded from the fact that paragraph 3 of article 7 of the contract contradicts article 279 of the Labor Code of the Russian Federation, since the contract does not stipulate the payment of compensation in the presence or absence of guilty actions of the employee, as required by the specified legal norm.
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