Fight for your rights or how I created the trade Union of programmers
a Month ago my employer announced the closure of the firm. Unpleasant, of course, after several months we are all together "in one boat" was undergoing financial difficulties. But the owner of the company and the owner is entitled. No problem, I thought, the market for programmers is an increased demand to find a more stable company. Truly a nasty surprise waiting for later when the employer refused to pay me due to costs associated with dismissal. Here came the idea: why on earth someone would optimize costs at my expense and what I can do?
In August of last year, I got a job working for the post of iOS developer at Devpocket included as a division of mobile application development company Inru, OOO. Ie I worked in fact Devpocket, and was decorated in Inru. Since about January of this year, the company began financial difficulties resulting in a constant delay of salaries, payment in full and in cash on hand. Owner Inru — holmansky Boris Alexandrovich was convinced that the difficulties are temporary, soon the situation stabiliziruemost and all debts owed to employees will be repaid. However, by the deadline (end of April) holmansky announced its intention to close the company Inru in connection with the bankruptcy by the end of may. In this part of development was continued, but under the wing of Devpocket company (or new company). At that time the salary was issued prior to March inclusive (cash).
Immediately after the may holidays, I asked the chief accountant, as there will be payment of wages and compensations stipulated by the Labour code. On what received the answer that any compensation will not be paid because the company Inru no money and the owner of the company allocated funds only to debt repayment on a salary. That's, naturally, not staged. Then I was advised to communicate about this topic with a person who has long dealt with Holmansky. This person, let's call him M., has tried to introduce payment of wages as a result of "act of good faith and common decency" on the part of the owner of the company, noting the need for mutual "understanding" of workers and generally being indiscreet asking.
Here are just a few quotes from a small correspondence. Talking on the phone with the owner of the company and the subsequent meeting, was to ensure that there is no money and soon no additions are expected. Throughout the communication, the impression was that it was about a certain favor from them, and not about the pay, I earned honestly, and compensation stipulated in the contract that they signed.
In this case, the words all said that I was right, that in the contract everything is spelled out ("white" wages) and the law on my side, but payments will not. And the bankruptcy of the company, after distribution of the assets of which I do not get it. And was delivered an ultimatum: either I terminate employment relationship by agreement of the parties, signed the necessary papers for tax returns and then paid me salary for last two months and vacation without compensation, or otherwise, I get nothing: no salary, no vacation pay. The paperwork for the tax was devised an interesting scheme. Because staff salaries paid in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on leave at own expense for 4 months. Apparently, the reports I, too, was on vacation, because my refusal to sign care in a long vacation before coming to agreement, all payments have been controversial accounting.
I admit, before this I had a vague idea of entitlements and rights under the Labour code. So the first thing I sat down to study the labour code.
The last item allowed me to protect themselves from dismissal for absenteeism. Since the firm Devpocket with Jun moved to another office and I was left without a job. Before me, there were several attempts to negotiate with the employer and come to a consensus proposed several options that could arrange all parties, but the employer did not want to go to a meeting in meeting legal requirements. So at the end of may it was decided to create a Primary trade Union organization (PPO) employees of the IT sphere in Saint-Petersburg and the Leningrad region, which will be part of the interregional trade Union "New trade unions"*. Thank you friends-programmers, who supported me in this endeavor and entered into PPO :)
It is possible to defend their rights and on an individual basis, without the organization of PPO. But first, the violation of labour rights is widespread, even among it people vsevolodich. It is quite possible that someone else may need counseling and legal assistance. Second, to conduct litigation alone without proper legal training extremely hard. In the case of the existence of the Union, the latter provides all necessary legal assistance in preparation of documents and conducting litigation. Third, as practice shows, to collectively defend their rights and interests more effectively than alone. Even if you're Marvin Heemeyer.
Yesterday was sent to the Prosecutor, on the state labour Inspectorate, which has been included as the above mentioned violations, and violations of tax laws. Now it's court.
And the new trade Union of workers of the IT industry will continue to work and ready to answer your questions. While we have no website (there is a page to contact), so with all the issues concerning labor rights, you can contact me either directly in the "Novapro" (link on the site does not give to not subject him to garraffello). And we can join to fight for our rights together!
* interregional trade Union "New trade unions" was launched in 2011 and aims to unite workers to fight for their rights and interests. It is composed of the Union of workers of housing and communal services, among which most of the migrant trade Union in the factory of ice cream "inmarco" in Omsk, the Union concrete products Plant in Gatchina, etc. using the "Novaria" these and other unions have managed to protect the rights of its members, to seek payment of unpaid wages, improving working conditions.
Article based on information from habrahabr.ru
the Essence of the conflict.
In August of last year, I got a job working for the post of iOS developer at Devpocket included as a division of mobile application development company Inru, OOO. Ie I worked in fact Devpocket, and was decorated in Inru. Since about January of this year, the company began financial difficulties resulting in a constant delay of salaries, payment in full and in cash on hand. Owner Inru — holmansky Boris Alexandrovich was convinced that the difficulties are temporary, soon the situation stabiliziruemost and all debts owed to employees will be repaid. However, by the deadline (end of April) holmansky announced its intention to close the company Inru in connection with the bankruptcy by the end of may. In this part of development was continued, but under the wing of Devpocket company (or new company). At that time the salary was issued prior to March inclusive (cash).
Immediately after the may holidays, I asked the chief accountant, as there will be payment of wages and compensations stipulated by the Labour code. On what received the answer that any compensation will not be paid because the company Inru no money and the owner of the company allocated funds only to debt repayment on a salary. That's, naturally, not staged. Then I was advised to communicate about this topic with a person who has long dealt with Holmansky. This person, let's call him M., has tried to introduce payment of wages as a result of "act of good faith and common decency" on the part of the owner of the company, noting the need for mutual "understanding" of workers and generally being indiscreet asking.
"I doubt that Boris will be able and willing to pay all that is owed to our TK, it is highly inhumane to employers"
"In America, no compensation, it seems, is not provided, I forgot that they are all"
"Even in the 19th century it was said that "the severity of Russian laws is softened by not having their performance", and so for the past 100-plus years, nothing has changed. TK code in Russia is structured so that no company can 100% follow it, so it no one should."
Here are just a few quotes from a small correspondence. Talking on the phone with the owner of the company and the subsequent meeting, was to ensure that there is no money and soon no additions are expected. Throughout the communication, the impression was that it was about a certain favor from them, and not about the pay, I earned honestly, and compensation stipulated in the contract that they signed.
In this case, the words all said that I was right, that in the contract everything is spelled out ("white" wages) and the law on my side, but payments will not. And the bankruptcy of the company, after distribution of the assets of which I do not get it. And was delivered an ultimatum: either I terminate employment relationship by agreement of the parties, signed the necessary papers for tax returns and then paid me salary for last two months and vacation without compensation, or otherwise, I get nothing: no salary, no vacation pay. The paperwork for the tax was devised an interesting scheme. Because staff salaries paid in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on leave at own expense for 4 months. Apparently, the reports I, too, was on vacation, because my refusal to sign care in a long vacation before coming to agreement, all payments have been controversial accounting.
the Union.
I admit, before this I had a vague idea of entitlements and rights under the Labour code. So the first thing I sat down to study the labour code.
with Regard to my situation there was the following
-
the
- Of the impending dismissal in connection with liquidation of the organisation workers are warned by the employer personally and under a list not less than two months before the dismissal. St. 180 of the labour code. the
- Upon termination of the employment contract in connection with liquidation of the organization is terminated the employee shall be paid severance pay in the amount of average monthly earnings, and also retains an average monthly salary for the period of employment, but not exceeding two months from the date of dismissal (taking into account severance allowance). St. 178 TC RF. the
- in case of violation by the employer of the deadline, respectively, payment of wages, holiday pay, payments at dismissal and (or) other payments due to the employee, the employer is obliged to pay them with payment of percent (monetary compensation) in amounts not less than one three hundredth of the current at the time of the refinancing rate of the Central Bank of the Russian Federation from unpaid in the period amounts for each day of delay starting from the day after the due date of payment on the day of actual calculation inclusive. St. 236 of the LC RF. the
- In case of delay of payment of wages for more than 15 days, the employee shall be entitled, after notifying the employer in writing, to suspend work for all period before payment of the detained sum. St. 142 of the labour code.
The last item allowed me to protect themselves from dismissal for absenteeism. Since the firm Devpocket with Jun moved to another office and I was left without a job. Before me, there were several attempts to negotiate with the employer and come to a consensus proposed several options that could arrange all parties, but the employer did not want to go to a meeting in meeting legal requirements. So at the end of may it was decided to create a Primary trade Union organization (PPO) employees of the IT sphere in Saint-Petersburg and the Leningrad region, which will be part of the interregional trade Union "New trade unions"*. Thank you friends-programmers, who supported me in this endeavor and entered into PPO :)
Why a Union?
It is possible to defend their rights and on an individual basis, without the organization of PPO. But first, the violation of labour rights is widespread, even among it people vsevolodich. It is quite possible that someone else may need counseling and legal assistance. Second, to conduct litigation alone without proper legal training extremely hard. In the case of the existence of the Union, the latter provides all necessary legal assistance in preparation of documents and conducting litigation. Third, as practice shows, to collectively defend their rights and interests more effectively than alone. Even if you're Marvin Heemeyer.
What next?
Yesterday was sent to the Prosecutor, on the state labour Inspectorate, which has been included as the above mentioned violations, and violations of tax laws. Now it's court.
And the new trade Union of workers of the IT industry will continue to work and ready to answer your questions. While we have no website (there is a page to contact), so with all the issues concerning labor rights, you can contact me either directly in the "Novapro" (link on the site does not give to not subject him to garraffello). And we can join to fight for our rights together!
* interregional trade Union "New trade unions" was launched in 2011 and aims to unite workers to fight for their rights and interests. It is composed of the Union of workers of housing and communal services, among which most of the migrant trade Union in the factory of ice cream "inmarco" in Omsk, the Union concrete products Plant in Gatchina, etc. using the "Novaria" these and other unions have managed to protect the rights of its members, to seek payment of unpaid wages, improving working conditions.
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