June 23 Judge Susanne Plaksa decided that the contract with the former employees of JSC "Połacak-Fiberglass" did not renew legally – on the basis of decrees of Lukashenka. labor law requirements the court considered secondary.
For more than a month, the deputy chairman of the Republican Free Trade Union Nikolai Sharah – unemployed. Since it did not renew the contract, but until now did not return the work book. Therefore, one of the requirements to the enterprise, as set out in the claim letter, – it is monetary compensation in the amount of average monthly earnings for lost time as he could not without proper documentation to get a new job. Besides, Nikolai Sharah demanded of JSC "Połacak-Fiberglass" restore to previous position and previous operating conditions, monetary compensation for forced absence, moral damages in the amount of 10 million rubles, as well as the administration of the measures that the company was not discrimination union grounds.
None of these requirements are not satisfied the court. Judge Susanne Plaksa decided that the contract with Nikolai Sharakh, which until the retirement age is only two years old, have not concluded lawfully. First of all, because he had three administrative penalties for a five-year contract. And the first who was fired in accordance with this standard, specially introduced in the collective agreement.
"Let me remind you that the changes to the collective agreement made March 1, shortly before the warning about my dismissal. SPB representatives to the Commission, which took the changes are not specifically included. As it happened: in the past with a worker approaching retirement age entered into the contract if he had administrative penalties in the last year – in fact all through the year collecting automatically "blanked" are not considered, they are now "have no statute of limitations." I was reminded of two violations in 2012, and another – in 2014. Last quite funny – I was late for work for 10 minutes. The foreman was on vacation, and his deputy decided to punish me by taking away 25 percent premium. However, after a couple of days, Alexander Sapieha went to work and previous indication canceled – announced reprimand me... If I was not an activist of the UPB, my lateness would not even notice! But – to us other requirements", – said Nikolai Sharah.
Head shop number 7, where the activist was fired as an assistant master, was summoned to court as a witness. He said that Mr Sharakh unscrupulous employee, although he had worked in the shop for many years without a single comment for poor performance and has more than 30 years of experience on "fiberglass", not to mention the two higher education – the profile and legal.
The head of "primary" in the St. Petersburg Victor Stukov plant, which has been on the court as a public representative Mr. balloons, notes:
"Alexander Sapieha has repeatedly threatened to Nicholas that he would not renew the contract with him. Today on the court, he called me a "bastard", but the judge did not remove it from the process. We Nicholas understand: if he was able to recover at work, it would be a victory for SPB. But who is this acceptable? The Court emphasized that in accordance with the decrees of Alyaksandr Lukashenka's number 29 and number 180 contracts are concluded only with conscientious workers. And if Nicholas has recorded three violations, he was unscrupulous. That "count" was conducted for the whole five years, and recovery of already canceled, the court did not consider.
The provisions of the Labour Code ignored. The main thing – it's decrees? No law? "
Nikolai Sharah going to appeal the court's decision, which is two days analyzing his "good faith", not noticing violations of labor law, which allowed the administration of "Fiberglass" when changed collective bargaining in their favor.
"However, in another decision, and I did not expect. My activities in St. Petersburg is known about our work known to many in Połacak, and in the country. So my reinstatement has been incredible because I was not a member of the pro-government "Belnaftahim" union. This is another episode of the pressure and discrimination on the grounds of trade union ", – says Nikolai Sharakh.
His dismissal of JSC "Połacak-Fiberglass" is not the first such a precedent. Several years ago, I was fired by non-renewal of the contract and the head of the "primary" SPB Victor Stukov. Now he "liberated Chairman": supervise trade union unit at the plant continues, but even through the courts to recover Mr. Stukov have not been able to work. Although he is fighting for his recovery so far.
Radio Liberty
