Labor code: crimes and punishments
This article will remind employers that no the economic situation does not negate the effect of the Labour code. And since employees know their rights even worse than employers, our article is useful for them.
Below we will list the most egregious violations and mistakes of employers that infringe on the rights of employees, as well as give examples of serious consequences that they are fraught with.
Irregularities in hiring and firing
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 General Director of a fairly large Moscow trading company thought that if employees work without a contract, he can arbitrarily reduce or not pay their salaries, as well as dismiss them at any time,” says Alexander Yu, a specialist in labor conflicts at a Moscow company. ” however, according to the law, it is enough to find witnesses to labor relations to prove that they were. In addition, there are documents that prove the fact of labor relations: payrolls, 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, the difference in the promised and actually paid salary, but also the salary of all the plaintiffs for the nine months during which the proceedings lasted.
Violations during dismissal in Russian companies are also usually the norm.
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 a good reason,
– came in under the influence of alcohol or drugs.
In General, it is impossible to dismiss an employee just like that, even if they violate labor discipline. You must first collect evidence, issue a warning, and follow other procedures.
Often, the employer and even the human resources Department simply do not pay attention to the details.
The employee was absent from work from 7 to 12 September. He is fired for absenteeism from the 9th to the 12th. two days the management was not up to the employee.
However, in court, the employee represents the 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 just 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 insignificant money without an employment contract. If you look at the headlines in the media, the courts are constantly sorting out such violations and punishing employers.
Here is a typical story: “during the inspection in the hypermarket, six citizens of Uzbekistan 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 the violation 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 filed by women.
The reasons for requesting:
— violation of the principles of fair pay (80 000 applications),
– incorrect registration of employment contracts (40,000 applications),
– 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 violation of labor discipline is a valid reason for dismissal. In this case, employers themselves often violate labor laws. For example, there are no labor regulations in the company, and this is a violation.
Also, when entering into an employment contract, the employer often indicates 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 his or her occupation and position do not imply abnormal work.
In other cases, it is impossible to “plow” employees without valid 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, etc.
Many employers and employees are not aware that fines, salary reductions, 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.
And in the case when it is only about reducing bonuses (many employers are trying to circumvent the TC in this way), everything is not so simple. If the amount of the bonus 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 pay 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 the actual payment.
However, the CEO himself can be brought to administrative and even criminal responsibility. Cases of punishment of CEOs are not uncommon.
And here’s another. The salary once specified in the contract may not be lower during the trial period. Such wording as “we will pay you 30,000 for two months, and 60,000 after the trial period” is illegal. The employee can always immediately ask the employer: “How does this agree with the TC?»
Interference in the 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 broke down, 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 wish 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 increase 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 the new contract in front of witnesses, and then went to court.
As a result, 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 going to court for an employee does not require any costs at all.
However, you must apply to the court within three months from the day when the employee found out about the violation of his right, and for disputes about dismissal — within one month from the date of handing him a copy of the order for dismissal or from the date of issuance of the work record.
Both employees and employers should always be aware of and take into account Russian realities — both inspectors, the Prosecutor’s office, and the court in most cases are on the side of the “weak”, that is, the employee.