Many employers have found, as it seems, a good way to overcome economic difficulties: to send workers on unpaid leave. If you believe HR departments across the country wide labor supply sharply smitten with the desire to relax at their own expense. The chiefs, of course, are people to meet, and with a straight face, and let workers to walk without money.
Bad news for the simple-hearted chiefs: they deceive, people do not want to dally. And forced unpaid leave can be challenged in court. Legal practitioners in the near future expect the shaft of such trials.
the Institute of legislation and comparative law under the Russian government held a special webinar “the Regime of non-working paid days: what to do to the employer?”, in the course of which was explained many contentious issues. 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.
One of the controversial issues: 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 the statement voluntarily. And I can’t say how the court will look at all the circumstances, if the employee later entered a lawsuit”.
According to the expert, the court may well decide that the employee wrote the statement under pressure, and, accordingly, the unpaid leave will be considered illegal.
“If the employee goes to court and will give evidence that the writing statements was a necessary measure, the judge hearing a specific case, will need to comprehensively assess all the evidence – says Tatiana Korshunova. – How to evaluate whether a voluntary request of the employee a month or two to pay, if, for instance, 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”.
