Labor dispute is between private trading unitary enterprise "Ultratekriteyl", Vitebsk, and sales specialists Dmitry Onishchenko. Employer refused to give the employee a monthly salary and make payment upon separation. Thanks to the help of legal service trade unionists employer had to pay the employee more.

This case was told legal inspector REP Misnikov Valery: "The young man had worked at the company" Ultratekriteyl "from January 23 to February 29, 2012. Wanted to leave. But the director refused to calculate. Fact that our employees have much trust the spoken word employer - regretted the union lawyer. - between the employee and the director of the branch was a verbal agreement for a job. worker prepared all the necessary documents and sent to the personnel department. but have not received confirmation of his registration for a sales position. "

As it became known later in the form of the enterprise was a mistake - instead of 2012 was published in 2011. Personnel Department employee returns documents with the request to change the year. However, documents on employment were not decorated, after the employee has corrected the error.

The trial took place at the October court of Vitebsk. According to Valery Misnikov, representatives of the defendant does not want to come to court, and refused to acknowledge the claim. However collected documentary evidence that the employee actually took corporate training, got a plastic bank card to obtain wage come into the workplace and work.

Then the defendant in his defense said that since the employment relationship was not designed properly, Dmitry Onishchenko not listed as an employee of the company, and therefore he was not given a salary. Another objection, according to Valery Misnikova, the defendant was not.

"According to the Labour Code, the beginning of the employment contract is the date specified in it by the parties, and the actual assumption of the employee to work is the beginning of an employment contract, regardless of whether the employment is designed properly - said union lawyer. - Naturally worker should not be held responsible for the fact that personnel service company did not fulfill its obligations. "

As told Valery Misnikov, mere presence of Dmitry Onishchenko at work and the performance of their official duties confirmed five witnesses.

The defendant's representative declined to litigation. Court ruled meet claim Onishchenko part, that is, to recognize the employment contract between the employee and the employer and ordered the employer to properly execute documents on employment, and awarded to an employee 893 000 rubles in salary and as the calculation of severance in the amount of 10 million rubles - the average salary for a delay in dismissal. 'Union said the court's decision lawful and just.

Praca-by.info