During the month, the guard of the Sianno flax factory Oleg Lisovskiy was fired twice from the enterprise. Without a final calculation. In his work record was recorded on the dismissal "by agreement of the parties", although he did not give any consent. And only through the court, the statement of claim in which the union helped to form, managed to achieve justice.
The layoffs: Episode I
Since July 2010, Oleg Lisovsky has been contracted by the watchman at the Sianno Flax Factory site, which is part of the Sianno raiagroservice OJSC of the Viciebsk region. I conscientiously fulfilled my duties, I did not receive any comments or complaints against him from the management. On November 18, 2016 Lisovsky terminated the contract, and the employer extended the employment contract for another year. But on May 4, 2017 the watchman received a rather original notice from the director of the enterprise. In particular, he said: "In connection with the significant changes in working conditions, the last working day for you is May 12, 2017, as there is only one watchman on the site of the Lloyn Plant." And on May 13, an order was signed to dismiss the employee by agreement of the parties (Article 37 of the Labor Code).
"I got acquainted with the order, but since there was no agreement between me and the employer about the termination of the employment relationship, on the document I left a corresponding" autograph "about my disagreement," says Oleg Viktorovich. – Nevertheless, I was dismissed on the 37th article with the corresponding entry in the work book.
The layoffs: Episode II
On May 26, a former employee of the raiagroservice was expecting another surprise – Lisovsky received two notifications by mail, dated ... May 5. It turns out that the already dismissed employee decided to fire again, but now since June 13 in connection with the reduction of the site "Sianno Flax Factory", and asked if he agreed with such a proposal. In the second notification, Oleg Viktorovich was informed that he would be transferred to the field crop, and again asked about his consent. The final calculation, by the way, was not made.
And Lisovsky decided to appeal to the chairman of the Sianno regional association of trade unions Anatoly Ananenko.
"For the first time I was in such an" emergency "situation and for the first time I came for help to a representative of trade unions," our interlocutor confesses. – Anatoly Vladimirovich is a lawyer by training, he carefully scrutinized all the nuances and helped draft a statement of claim in the court of the Sianno district.
A glaring situation
According to Anatoly Ananenko, the situation when an employee is dismissed by agreement of the parties without his knowledge, can be regarded as blatant. Attempts to find out in raiagroservise how this could happen did not bring any results. Especially in the workbook has been made a corresponding entry. It was possible to correct everything only through the court.
According to the statement of claim, Oleg Lisovsky asked to change the wording of dismissal from Article 37 to Clause 1 of Article 42 of the LC (termination of the employment contract on the initiative of the employer in case of "liquidation of the organization, termination of the IP, reduction in the number or staff of employees"). He also demanded to collect the sum of the final calculation, the average earnings for the delay in calculating with dismissal and compensation for moral damage.
Long trials have not been conducted. At the first meeting, the parties reached an agreement on most of the claims. As a result, the defendant changed the wording of the dismissal and paid the plaintiff appropriate payments for a total of 670 rubles.
"The key role in the fact that the trial ended in my favor was played by the chairman of the regional association of trade unions Anatoly Ananenko," he said. – I am very grateful for the help.
Lyubov Trapeznikova, http://1prof.by/
