At the “Orelmaslo” drivers sued 100,000 rubles in compensation for moral damage

The factory district court of Orel considered two civil cases on the claims of freight forwarders to the Orelmaslo Joint Stock Company for the recovery of unpaid wages and compensation.

As follows from the materials of the case, the men were involved in overtime work, work on weekends, holidays and at night. At the same time, the employer did not indicate the actual time of work on the travel lists in the working time sheets, and also did not include the time of the pre-trip medical examination during working hours. The Prosecutor’s Office and the State Labor Inspectorate during the inspections revealed that they have a long pay. The employer partially repaid the debt in 2026, but, according to drivers, the calculation should be made taking into account premium payments, not only the tariff rate.

Servants of Themis established that the company has a provision on bonuses, according to which the premium is an incentive, not a guaranteed payment. It is paid at the discretion of the employer, not for the fact of work. Therefore, there is no reason to include a premium in the calculation of overtime, night and holiday hours. At the same time, the court recognized that the violation of the labor rights of drivers by the employer was established - this was confirmed by inspections of the prosecutor's office and the State Labor Inspectorate, as well as by decisions on bringing Orelmaslo officials to administrative responsibility (part 6 of Art. 5.27 and part 1 of Art. 5.27.1 of the Administrative Code of the Russian Federation).

As a result, the claims for the recovery of unpaid wages by calculation, taking into account premiums, were denied to both plaintiffs. However, with JSC "Orelmaslo" in favor of each of them recovered compensation for moral damage in the amount of 100,000 rubles. Also from the company in the income of the Orel budget recovered a state fee of 3,000 rubles for each case.

The decision can be appealed within a month.