the Moderator of the event was the lead researcher of the Department of labour law and social security Institute, the candidate of jurisprudence Tatyana Korshunova. In practice, often the employers to save on salaries or sending employees on unpaid leave or transferred to part-time.
“Leave without pay cannot be granted without considering the opinion of the employee, – said Tatyana Korshunova. – He always provided only upon written request of the employee.”
However, many workers in response to calls not to succumb to pressure not to apply for unpaid leave, notice skeptical, saying that what at once to write letters of resignation?
“of Course, when the employer puts pressure on the workers, they claim, – says Tatiana Korshunova. But the question arises: is it right to grant such leave. The employee still needs to write these statements voluntarily. And I can’t say how the court will look at all the circumstances, if the employee later entered a lawsuit”.
In her opinion, the number of labour disputes at the end of the holidays will increase significantly. Moreover, the courts have already resume their work almost full: there will be no more division cases for emergency and the rest, who at the present time can wait. The courts will operate in compliance with the epidemiological requirements, but the number of cases under their jurisdiction will increase significantly compared to the period of the time limit.
“What have you there: a worker will go to court and will prove that it was a necessary measure, and I don’t know what opinion, what decision will come the judge hearing a particular case, – said Tatyana Korshunova. – How to evaluate whether a voluntary request of the employee a month or two to pay, if, for example, he, minor children, non-working wife, mortgage. It is hardly possible to believe that he wrote such a statement is completely unselfish, wanting to help their employer stay afloat”.
According to the expert, the court may be considered that the employee wrote the statement under pressure, and, accordingly, the unpaid leave will be considered illegal.
There is a possibility that the employee will go to court to prove that I was forced to. Think can be decided on the pressures and events (leave without pay) is illegal.
“Similarly it is necessary to evaluate and questions on the employee’s part-time work”, – the expert continued. For transferring employees to part-time there are only three grounds. First: the voluntary consent of the employee. Second, some organizational causes. Third, technological reasons. As stresseda representative of the Institute of legislation and comparative law, and economic reasons in the list. Therefore in court the employer will have to prove what technological or organizational reasons forced him to reduce the working day. Links that business rose, revenues fell, the court will not pass.
with regard to the voluntary departure of the employee on a part-time job, it is the same situation as unpaid leave. Now the employee signed it, because the situation is unstable, no confidence in the future, it is easy to intimidate, but then, when things calm down, people can go to court.
about the awards, the explanation was given that: the payment of premiums is determined by local acts of the enterprise. If the internal rules are rigidly tied to the results of the work, and results in a period of days was not (albeit for obvious reasons), the award can not pay.
