Work on bird rights: what are the risks of those who agree to work without registration

A resident of the capital began work without registration of labor relations, and then was forced to apply to the court for the protection of their rights. Details of the story to the correspondent of the agency “Minsk-Novosti” told in the Prosecutor’s office of Minsk.

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Any work is payable. On this principle, the interaction between the employee and the employer is based, which, in turn, is obliged to formalize the employment relationship in accordance with the requirements of the law, including concluding an employment contract, as well as issuing an order for employment with an announcement to the employee for signature.

- An employee whose employment relationship with an employer is not formalized in accordance with the established procedure is in a more disadvantaged position than officially employed citizens, Lilia Koren, the prosecutor of the Minsk Prosecutor’s Office for Supervision of Compliance with Law of Court Decisions on Civil Cases, said. Having received a refusal to pay for the days worked conscientiously by the employer who has not officially issued a job, a citizen can be left without monetary remuneration for his work.

With such an unpleasant situation faced a resident of the capital. Looking through ads on the job search and recruitment website, she found a vacancy for the head of the department of the store, where she applied for employment. The head conducted an interview with the applicant, as a result of which the parties came to an agreement on the acceptance of the girl as head of the department.

For several days, she came to the store to familiarize herself with her duties, passed a medical examination in the direction, about which she received a medical certificate of fitness for work.

Subsequently, the resident of the capital began to work independently. However, there was no written contract with her, and no employment order was issued.

A week later, the head of the store called the girl and said that her services were no longer needed. The employee did not insist on continuing the employment relationship, but asked to formalize the legal relationship and pay for the time worked, which she was denied.

After receiving legal advice, she applied to the court with a claim for recognition of the employment contract concluded and recovery of wages from the defendant for days worked.

- In support of his request to the court, the plaintiff referred to the provisions of the Labor Code, continued L. Roen. - According to art. 25 TC actual admission by an authorized official of the employer of an employee to work is the beginning of the employment contract, regardless of whether the employment was properly executed.

The court considered the plaintiff's claims and agreed with her arguments. Since she was actually allowed to work as the head of the department of the store by an authorized official of the employer (which, moreover, the director of the store interviewed in the court session did not deny), the court noted the existence of legal grounds for recognizing an employment contract concluded with a citizen.

The court established the period of performance of her duties, for which he recovered from the defendant arrears of wages.

This outcome of the dispute became possible in connection with the reliable establishment of the circumstances of admission to work. In particular, the issues of employment, working conditions and the beginning of activities, the plaintiff discussed with the director of the store - the direct representative of the employer in a particular point of sale, which was actually allowed to work, which was not denied in court.

- If the future employer refuses to conclude a written contract during employment, has no intentions to familiarize him with the order for employment or inaction to conduct the necessary briefings, possible negative prospects for the beginning of labor relations should be considered, the prosecutor of the Minsk Prosecutor’s Office for Supervision of Compliance with the Law of Court Decisions on Civil Cases concluded.