Foster mother-teacher Svetlana Grechulina made to the education department, Orsha district executive committee withdrew it from the formal holiday. In Orsha, Belarus held the first court at the suit of foster parents and mentors to the local department of education, which dealt with the impossibility of an employee to refuse the leave.
The conflict Svetlana Grechulinoy and the department of education was the fact that a woman who is not only a mother, but also a teacher education department officials have repeatedly sent to a formal holiday. This year it was forced to sent on leave from 28 July to 21 September, though the adopted child all this time stayed with her. The lawsuit Grechulina asked to invalidate the order the employer to grant leave, to recognize that it is in the workplace, and to oblige the employer to pay wages during this period, rather than holiday.
That court set a precedent, and the reason he has served a system of relations that developed between the adoptive parents and officials. The fact that Belarus adoptive parents - is not only guardians of orphans (in fact, usually a parent), but also employees of the education department. Bind to the local executive committee in the form of an employment contract, according to the adoptive parents, making them overly dependent on the will of the officials.
In court Svetlana Grechulina insisted that she was not opposed to the foster child was with her, but then leave required by law to remain untapped. For the year of unused vacation employee is entitled to compensation. In the case of Svetlana annual compensation - is 4.5 million rubles. If it goes on vacation formally, in fact, and it can not rest, and at the same time lose a decent amount.
Lawyer Elena Kashin, which deals with the problems of foster families, said that the situation with formal vacations relevant for practically all over the country: "In all of Belarus, except for the Mogilev region, foster parents are sent to non-existent holiday. Only a few manage to escape into the real holiday. Then why these vacation do we need? to me with complaints of formalism turn foster parents from across the country, but to trial no one bring no risk."
Education department, Orsha district executive committee before the meeting insisted that the employer may send an employee on leave without it desires. In this case, a formal holiday Svetlana Grechulinoy was not considered. In the pre-trial meeting officials declined the offer to go to the court settlement. Deputy Head of the Department of Education Pin Oksana also claimed that claim they are not going to accept.
"Following the publication TUT.BY position of education has changed. I did not expect. Lawyer in the court of the education department said that they offer me a settlement. Suggested that I will withdraw from vacation on September 1. I agreed, did not insist that recognized the untapped entire vacation from July 28, as fully blame the education department court would not dare to admit. For me it was important that the Department of Education just admitted his mistake, and he did it," - Grechulina said, emphasizing that in the future such a decision Court gives it the right to re-claim not to send her on vacation, if you can not place a child, for example, to the camp. - And I'm glad that we are shown the way the rest of the parents, it is possible to refuse to leave, if the children are with them," - added the adoptive mother-teacher.
tut.by