среда, 13 июля 2011 г.

What if the employer makes to resign

QUESTION. "I work as a cleaner in a private station. Referring to the decrease in the number of clients and no money to pay, the master forces me to quit on their own. Otherwise, threatening to fire "on paper". I do not want to stay out of work, which suited me just fine: close to home, work schedule that allows you to look for jobs elsewhere. But the work has become unbearable, I constantly hear nezacluzhennye accusations and insults at his address. I'm afraid that sooner or later have to leave,not to have trouble. How and where to protect their rights? Is it possible to somehow avoid the conflict? "- Tamara P., 50

COMMENT. It should be remembered that the declaration of termination of the employment contract at will should be written solely by the employee voluntarily. Thus, any pressure on you - a violation of the law. If an employer makes you write such a statement, prejudice to the rights of labor (eg, unnecessarily lowers wages, refuses to grant leave, etc.), we can still compete for the dismissal to them, asking for support:

the union (if you are a member);
to the committee on labor disputes (if it is created in the enterprise);
the nearest territorial state labor inspectorate, which carries out state control over observance of labor laws by enterprises, institutions and organizations irrespective of their ownership, type of activity and industry sector;
the prosecutor's office at the location of the company - that it monitors compliance with the constitutional rights of citizens.

In the case of dismissal if the employer under pressure all the same will happen with the application for authorization of a labor dispute may appeal directly to the district, a district in the city, town or city district court, but not later than one month from the date of the copy of the order of dismissal or the date of issuance of the work book (Article 233 of the Labor Code). Period, missed for valid reasons, the court can be restored (Article 234 of the Labor Code).

But then the court, guided by the Resolution of the Supreme Court of Ukraine from 06.11.1992, the 9 "On the practice of labor disputes by the courts," and Article 38 of the Labor Code should clarify the circumstances under which it was written resignation, whether voluntarily it was done, what the true reasons for dismissal, not whether it occurred under the pressure of the employer, not whether it violated the rights of the employee and not whether there has been creating for his poor working conditions. The court will also have to make sure that the statement is not an attempt to avoid liability for breach of labor discipline or coming to work drunk.

By the way, when considering the labor cases the plaintiffs are exempt from payment of all court costs.

Of course, to fight for their rights, we must want it. If you are not prepared for litigation and do not want conflict, as an option, we can offer an employer to fire you on the agreement of the parties (Article 36 paragraph 1 of the Labor Code). Or is it to insist on redundancy procedures (Section 1, Art. 40 Labor) - this will allow you to be in a better position.

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