Pechenik Ksenia Biography
Blogs of the forum of the comments you need to demand from the employer to combine combination with the surcharge of Art. Contact the employer with the relevant statement. If the employer does not intend to formalize everything, you must indicate that the performance of these functions is not included in your duties, in connection with which, you will not fulfill them.
Of course, it is better to initially discuss everything in a calm format. If there is pressure, then make an official note officially, indicating the above and refusal to carry out work not provided for by the labor contract of labor rights, Art. As a rule, they humble that rights are violated and appealed to the courts only when they understand that they will leave the work.
Employers are well aware that the employee will try in every possible way to leave the current employment contract and, most likely, will agree with the violation of rights. Sometimes it looks quite controversial from the point of view of ethical norms when a person is trying to get a large corporate bonus provided for by local acts, which he may not have earned, but really unacceptable and blasphemous is the situation when the employee is refused the payment of the due, vacation, and maternity payments.
Unfortunately, not every employer is aware of the degree of risk for a pregnant woman to get into the score of a judicial dispute with the employer. And he, already knowing that this employee after the decree is not going to return to work, begins to spoil the relationship with her, using the weakness of her position, an aggravated pregnancy. This is added to this that employees are mostly poorly aware of labor legislation, not everyone is ready to write a complaint with the exact indication that it is the employer who is violated in labor legislation.
As a result, the deadlines for filing a lawsuit are expired, especially since the trials have set trims to protect the violated rights on labor disputes. As a rule, people, without receiving additional leave, compensation when sending to business trips, or stimulating payment, waiting for the right moment to apply to the court, miss the deadlines established by law and, as a result, lose.
However, practice shows that employers are quickly oriented and use other grounds for their dismissal, and such in the Labor Code can be found with a dozen: reduction of the state, dismissal for absenteeism, being intoxicated at work, systematic non -fulfillment of labor duties. Nobody wants to bring yourself under a criminal article. As for the situation in the labor market, in the thematic report of the Commissioner for Human Rights under the President of the Russian Federation, published a week ago on the topic of protecting the labor rights of citizens, the results of monitoring the placed labor vacancies - almost announcements.
Of these, in cases, age discrimination was recorded. Citizens on the issues of labor discrimination in the year to the Commissioner, there were, in - in - the statistics of appeals to the courts are about the same - people prefer not to contact employers and not sue, since it is difficult to prove, as a rule, there is no money to accompany the labor dispute. Therefore, people go to look for a new job or, if they are dismissed two years before the appointment of a pension, use the right and ask to appoint a pension ahead of schedule.
The court decision was decided. The grounds for canceling the decision in the cassation are indicated in Art. Now imagine that the employee will not come at all after the vacation. What will you do? Irce the procedure again? What is the point? He can just skip the last day, and you will have to still fire him on the date he asked. The employee submitted all the documents also certified.
In the case of a judicial dispute, I do not think that the position "We thought there is a continuation" will be convincing. Pay interest for untimely payment. There are no doubts for no one forbid to clarify with the employee whether the employee can appear with the labor payment. But he is clearly not eager to appear with the employer. So from the risks - the court and interest. If the employee does not have a record there, he will sit and sue.
You evaluate the degree of risk. Ksenia Ksenia Ksenia Aleksandrovna wrote the Pechenik Pechenik Payment of average monthly earnings for the second month after the dismissal of reduction in dangerous industries is especially noticeable. Accordingly, any production injuries, and even more so, death accidents, as a rule, end with an elementary effect with the corruption component, when the victim himself, which allegedly violated the safety rules.
In my opinion, the bill developed by the Ministry of Labor will not lead to an improvement in labor protection conditions. Those innovations that employers have encountered recently, go through the point of view of material costs for possible special assessments, medical examinations, and so on.This will be another way to knock out funds from employers. We really have a low assessment of the cost of human life and health.
Until the wings of the trade unions are being straightened, and they are now crushed, little will change in the field of improving the quality of labor in production. So far by a strong -willed effort, I don’t know who, maybe the chairman of the Supreme Court of the Russian Federation will not be made a decision indicating the clear amount of the amount of material compensation to the families of dead workers, no one will ever reckon with human victims and injuries in production.
Based on my practice, I can say that often in disputes, who is to blame, the victim himself is forgotten if he died, and if an injury is received, an employee or a specially appointed person who should be responsible in the case of an emergency to bear responsibility, but not an employer. Unfortunately, these are our realities, and there are no prerequisites for employers to take responsibility for people's lives and financial costs for modernization of production.
The unfounded statements will be left without attention. Ksenia Ksenia Ksenia Aleksandrovna wrote in the topic, is it worth it to complain about the employer in the prosecutor in my case? Plus a complaint to the labor inspectorate and the prosecutor’s office, on the failure to provide work in accordance with the terms of the employment contract. In a letter in the name of the director, write what you demand to provide you with a workplace, according to the terms of the contract, including ensure the means to perform work.
Additionally on the basis of Art. The employment contract with all additions 2. The job description 4. Order on the leave to leave 5. Order on the early exit from vacation 6. A copy of your application for leaving the vacation 7. A copy of the work book So: 1. A service note addressed to the director and the requirement of taking measures is all in the inventory in the letter. A letter with a notification of delivery.
We go to work without delay. Further, the payment requirement. If you can hand it to the secretary for painting, hand everything the same at work. Write everything on audio, shoot the video.