Labor disputes during a pandemic
During the crisis, many companies are forced to lay off employees.
Lawyers inundated with labor dispute requests
from employees:
- non-payment of salaries
- layoffs
- blackmail (payroll for March in exchange for a statement on its own without a date)
- how to get double wages for non-working days
from employers:
- how to legally dismiss
- How to legally reduce salaries.
Allow me to stop being a lawyer and to cut a little truth ...
1) In 3 out of 5 cases (and this is optimistic), workers will receive NOTHING from employers, because the latter simply do not have money. At the same time, they will pay fees to lawyers, receive court decisions and writ of execution.
2) If a person received a salary in an envelope, you can achieve ANYTHING again. Generally. You can write to the director denunciations to the prosecutor's office and the tax. This will not help the case, but it will bring moral satisfaction and additional accrual of personal income tax, fines and penalties for received envelopes.
3) If a person worked not under an employment contract, but under GPC as an entrepreneur or self-employed, this is a civil lawsuit, a court, and sometime later a writ of execution and 3 turn of creditors.
4) Our labor law, in the absence of money from the employer, will not protect the employee in any way.
5) What is the use of a court ruling on reinstatement and a writ of salary, non-pecuniary damage, expenses for a lawyer, if the employer went into bankruptcy? The answer is clear. Yes, perhaps the director and founder will then be brought to subsidiary liability. But a pandemic and a crisis will make it possible to prevent this. Especially with expensive qualified lawyers who are already preparing companies for bankruptcy.
I understand that this is not optimistic. But the truth is nothing to add.
During the crisis, I answered about 30 questions on labor law. But something substantive could say only 4-5.
The truth is, of course, mine.
PS: for “non-working” days, wages are accrued as for workers. No upside factors.
PSS: if the employer continues to work and uses the crisis as an excuse to cut staff, this whole text must be forgotten. And go to court.
Posted by: Roman Norman
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