The Trade Union manages to win the majority of cases on defence of rights of employers.
This May lawyer of the REP Trade Union (Radio and Electronic Industry) won the case representing interests of the REP Trade Union member. Paval Spetsian, concrete carpenter, decided to resign under Art. 41 ("On the request of the employer") of the Labor Code because of arrears in wages in OOO Garant . The employer should have paid out the severance allowance. However, he refused to dismiss the employer on his request and wrote Art. 35 in the Paval's employment book. That caused the ground for the lawsuit. The court decided to oblige the employer to dismiss the employee under Art. 41, to pay out the salary, the final settlement and three-fold average salary when dismissal of the employer. The amount of payments approximately equaled to 2700 rubles (after the denomination).
However, Paval Spetsian and Yury Belyakou faced other lawsuits.
Yury Belyakou told praca-by.info about the path of the greatest resistance the head of OOO Garant Kachestva had decided to follow:
- During court hearings Spetsian was on a sick leave. According to the law, the sick leave is paid by the last employer. But the attempt to hand in the sick list to the lawyer of the company ended with the husband of the lawyer. Pavel Spetsian had his nose broken, he even lost consciousness. He called the police. The lawyer of Garant Kachestva filed a complaint about injuries as well. As a result, Spetsian paid out fine of 10 basic units.
But he categorically disagreed that he had been the initiator of the fight. Based on protocols drawn up by the police, he filed an application to initiate criminal proceedings against the person who broke his nose:
- There were two court hearings, Yury Belyakou tells. - I represented interests of Paval there. The Minsk city court abolished the decision of the Central Court, according to which Spetsian was fined. Now we are going to file a lawsuit and collect money from the state for illegal holding to administrative responsibility. We will also write a complaint against the judge of the Central Court and the policeman on duty.
However, according to Yury Belyakou, the other thing is more noteworthy:
- It is almost six months since the time Spetsian has been dismissed under Art. 41. Nevertheless, the court decision is still not executed! Paval's employment book still has a mark of Art. 35. The second statement of claim is about to be considered, according to it, the company extends the dismissal date to the day of the court decision and pays for the forced absence. Moreover, it will also pay moral damage for a wrong reason of the dismissal.
Yury Belyakou believes that the employer behaves irrationally:
- An employer should calculate his costs! On the contrary, he takes the path of the greatest resistance. Why is the court decision not executed from May to September? There will be the second lawsuit, and it inflicts other payments, great ones. I address to employers: if you have violated the Labor Code and the REP Trade Union comes to you, you'd better surrender at once! Pay money you owe to an employee. The resistance to legal decisions will cost one a pretty penny.