Labor code: crimes and punishments
The biggest mistake employers make is hiring an employee without an employment contract. Many managers think that the absence of a contract removes their responsibility for non-compliance with labor laws
“The CEO of a fairly large Moscow trading company thought that if employees worked without a contract, he would be able to arbitrarily reduce or not pay their wages, as well as dismiss them at any time,” says Alexander Yu., a specialist in labor conflicts at one of the Moscow companies. ” However, according to the law, it is enough to find witnesses to labor relations to prove that they were. In addition, there are documents proving the fact of employment relations: payslips, orders, orders»
Tired of harassment, employees of the company’s warehouse, together with those who were unfairly dismissed, filed a lawsuit against the employer, where, due to the presence of witnesses and documents, his guilt was proved.
In this particular case, ignorance of the law cost the employer several million rubles. The employer not only paid compensation to the dismissed employees, the difference in the promised and actually paid salary, but also the salary of all the plaintiffs for the nine months during which the trial lasted.
Dismissal violations in Russian companies are also usually normal
You can dismiss without warning:
— for a single gross violation,
– the employee did not show up for work or was late for more than four hours without warning and good reason,
– came in under the influence of alcohol or drugs.
In General, you can’t just fire an employee, even if they violate labor discipline. First, you need to collect evidence, make a warning, and follow other procedures.
Often, the employer and even the human resources Department simply do not pay attention to the specifics.
The employee was absent from work from September 7 to 12. He gets fired for playing truant from 9th to 12th. Two days management was not up to the employee.
However, in court, the employee represents a sick leave from the 9th to the 12th. The employer leaves the court with nothing.
Discrimination based on gender, age, and nationality, as well as individual discrimination, occurs in many companies.
In most cases, employees do not complain to the authorities simply because they do not know their rights.
Women often receive low wages or are harassed by management because of pregnancy and illness of children-the threat of dismissal and even dismissal.
Representatives of “non-titular” Nations and especially guest workers often work for negligible money without a labor contract. If you look at the headlines in the media, the courts are constantly reviewing such violations and punishing employers.
Here is a typical story: “during the inspection in the hypermarket, six Uzbek citizens were identified who worked as cleaners and auxiliary workers without the necessary documents, without an employment contract.
As a result, 12 cases were initiated under part 4 of article 18.15 of the administrative Code of the Russian Federation.”
As for violations of women’s rights, many employers still live quietly only because employees do not know about their rights.
According to Rostrud, over the past year, about 30% of all applications for violations of labor rights (a total of 120,000 applications)were submitted by women.
Reasons for requests:
– violation of the principles of fair remuneration (80,000 applications),
– incorrect registration of employment contracts (40,000 requests),
– other violations in the field of labor protection (6000 complaints).
Absence of the Charter, documents on labor regulations, non-compliance with the rights of employees
Many employers think that a violation of labor discipline is a valid reason for dismissal. In this case, employers often violate labor laws themselves. For example, the company has no labor regulations, and this is a violation.
Also, when entering into an employment contract, the employer often specifies the job responsibilities and features of the labor regime, which initially contradict the labor code of the Russian Federation.
For example, an employee is assigned an irregular working day, while their occupation and position do not imply irregular work.
In other cases, it is impossible to “plow” employees without good reasons, for example, in the presence of force majeure, or without paying overtime. In addition, overtime work, in principle, should be paid additionally.
Financial errors — fines, reduced wages, and so on
Many employers and employees are not aware that fines, reduced wages and other financial penalties for employees are completely prohibited by the Labor code of the Russian Federation.
The employer cannot reduce the salary, even if such measures are specified in the employment contract.
In Russia, there is no primacy of contractual relations over legislation. Whatever is signed by the parties, if it is contrary to the law, remains illegal.
Moreover, when it is only a question of reducing premiums (many employers are trying to circumvent the TC in this way), everything is not so simple. If the bonus amount is specified in the employment contract and its supplements, it cannot be reduced.
Salary reduction is possible only for valid, documented reasons and not on an individual basis.
Employers ‘ favorite salary delay leads to serious financial sanctions. Even without any court, only by the decision of the state inspector, the company will have to pay the employee interest for each day of delay, starting from the next day of the payment period and up to the day of actual payment.
However, the CEO himself can be brought to administrative and even criminal responsibility. Cases of CEO punishment are not uncommon.
And here’s another thing. The salary specified once in the contract cannot be lower during the probationary period. Such wording as “We will pay you 30,000 for two months, and 60,000 after the probation period” is illegal. An employee can always immediately ask the employer: “How does this fit with the TC?”
Interference in an employee’s personal life
The head of a network marketing company has learned that one of the top employees will soon marry a woman who was once his business partner. However, their relationship was upset, there were some business claims to each other, and they stopped working together
The Manager did not like to remember this episode from his life. And now his employee was reminding him of it again. His first desire was simply to dismiss the groom. However, the business largely depended on the efforts of a specialist.
Then the Manager gave the employee an ultimatum: either he leaves the company, or gets a strong promotion and a much larger salary, but breaks up with the bride.
The distressed groom told the bride about the conversation, and she insisted that he sign a new contract in front of witnesses, and then went to court.
As a result, according to the court, the groom received a large compensation for moral damage, all the bonuses that were prescribed in the contract, and a new increased salary for the entire time of the process.
There are three main organizations that an employee can contact:
* Federal labor Inspectorate
* Prosecutor’s office
Moreover, in labor disputes, the employee is exempt from paying court costs, including state fees. This means that applying to the court for an employee does not require any expenses at all.
However, you need to apply to the court within three months from the day when the employee found out about the violation of their rights, and for disputes about dismissal — within one month from the date of handing him a copy of the order to dismiss or from the date of issuance of the employment record.
Both employees and employers should always know and take into account the Russian reality — inspectors, prosecutors, and the court in most cases are on the side of the “weak”, that is, the employee.