Fighting for my rights or how I created a trade union of programmers
A month ago, the employer announced the closure of the company. It is unpleasant, of course, after having been in the same boat together for several months in financial difficulties. But the owner of the company and the owner that has the right. It does not matter, I thought, in the market for programmers increased demand, I will find a more stable company. A truly unpleasant surprise was waiting for later, when the employer refused to make payments due to me due to my dismissal. It was here that the thought came up: why would someone optimize costs at my expense and what can be done about it?
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In August last year, I got a job as an iOS developer in Devpocket, which is included as a mobile application development department at Inru LLC. Those. I worked in fact in Devpocket, and was decorated in Inru. Around January of this year, the company began financial difficulties, expressed in the constant delay of wages, payment of its incomplete amount and cash on hand. The owner of Inru - Kholmyansky Boris Aleksandrovich convinced that the difficulties are temporary, the situation will soon stabilize and all debts to the employees will be repaid. However, by the deadline (end of April), Kholmyansky announced his intention to close the Inru company due to bankruptcy by the end of May. In this part of the development was to continue, but under the wing of the company Devpocket (or the new company). At that time, the salary was issued until March inclusive (in cash).
Immediately after the May holidays, I asked the chief accountant how the salary and compensation payments provided for by the Labor Code would be paid. He received the answer that no compensation would be paid, since Inru had no money and the owner of the company allocated funds only to pay off the wage debt. This answer, of course, did not suit me. Then I was advised to contact about this topic with a person who had been dealing with Kholmyansky for a long time. This person, let's call him M., tried to present the payment of wages as a result of an “act of goodwill and elementary decency” on the part of the owner of the company, pointing out the need for mutual “understanding” of employees and the tactlessness of my request.
Here are just a few quotes from a small correspondence. Talking on the phone with the owner of the company and the subsequent meeting were reduced to the fact that there is no money and in the near future no income is expected. Throughout the conversation, it seemed that they were talking about some kind of a favor on their part, and not about salary payments earned honestly by me, and compensation provided by the contract they signed.
At the same time, everyone verbally said that I was right, that everything was spelled out in the contract (“white” wages) and the law was on my side, but there would be no payments. And there will be a bankruptcy of the company, after the distribution of the assets of which I will not get anything. And an ultimatum was immediately delivered: either I terminated the employment relationship by agreement of the parties, signed the papers they needed for tax reporting and then I was paid wages for the last two months and vacation pay without compensation, or, otherwise, I get nothing: neither wages fees, no vacation. With the paper for the tax was an interesting scheme was invented. Since the employees were paid salary in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on leave at their own expense for 4 months. Apparently, in the reports of the company I was also on vacation, because my refusal to sign a long-term leave leave before reaching an agreement on all payments caused an ambiguous response from the accounting department.
I confess that before that I had vague ideas about the payments due and the rights provided for by the Labor Code. Therefore, first of all, I sat down to study the Labor Code of the Russian Federation.
The last point allowed me to protect myself from dismissal for absenteeism. Since the company Devpocket from June moved to another office and I was left without a job. Before that, I had made many attempts to reach an agreement with the employer and come to a consensus, suggested several options that could be arranged by all parties, but the employer did not want to go to a meeting in meeting the legal requirements. Therefore, at the end of May, it was decided to create a Primary Trade Union Organization (PPO) of IT workers in St. Petersburg and the Leningrad Region, which will become part of the inter-regional trade union "New Trade Unions" *. Thanks to my fellow programmers who supported me in this endeavor and joined PPO :)
In this case, you can defend your rights on an individual basis, without organizing the PPO. But firstly, the violation of labor rights is a common phenomenon, even among the most terrifying IT specialists. And it is quite possible that someone else may need advice and legal assistance. Secondly, it is extremely difficult to conduct litigation alone without appropriate legal training. In the case of the existence of a trade union, the latter provides all the necessary legal assistance in the preparation of documents and litigation. Thirdly, as practice shows, to collectively defend their rights and interests more effectively than alone. Even if you are Marvin Himimer .
Yesterday, applications were sent to the prosecutor's office, the Ministry of Internal Affairs, the State Labor Inspectorate, which included both the above violations and tax legislation violations. Now the court will deal with the case.
And the new union of workers of IT of the sphere will continue to work and is ready to answer interesting questions. As long as we do not have our own site (there is a page in contact ), therefore, all questions regarding labor rights can be addressed either to me or directly to Novoprof (I don’t give a link to the site so as not to subject it to habraeffect). And you can join us and fight for your rights together!
* The Inter-regional trade union “New Trade Unions” has been operating since 2011 and has as its goal the unification of workers to fight for their rights and interests. They include the housing and utilities workers union, most of which are migrants, the union at the Inmarko ice cream factory in Omsk, the union of the Ferro-concrete products plant in Gatchina, etc. With the help of Novoprof, these and other trade unions were able to protect the rights of their members, to achieve payment of wage arrears, and to improve working conditions.
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The essence of the conflict.
In August last year, I got a job as an iOS developer in Devpocket, which is included as a mobile application development department at Inru LLC. Those. I worked in fact in Devpocket, and was decorated in Inru. Around January of this year, the company began financial difficulties, expressed in the constant delay of wages, payment of its incomplete amount and cash on hand. The owner of Inru - Kholmyansky Boris Aleksandrovich convinced that the difficulties are temporary, the situation will soon stabilize and all debts to the employees will be repaid. However, by the deadline (end of April), Kholmyansky announced his intention to close the Inru company due to bankruptcy by the end of May. In this part of the development was to continue, but under the wing of the company Devpocket (or the new company). At that time, the salary was issued until March inclusive (in cash).
Immediately after the May holidays, I asked the chief accountant how the salary and compensation payments provided for by the Labor Code would be paid. He received the answer that no compensation would be paid, since Inru had no money and the owner of the company allocated funds only to pay off the wage debt. This answer, of course, did not suit me. Then I was advised to contact about this topic with a person who had been dealing with Kholmyansky for a long time. This person, let's call him M., tried to present the payment of wages as a result of an “act of goodwill and elementary decency” on the part of the owner of the company, pointing out the need for mutual “understanding” of employees and the tactlessness of my request.
“I doubt that Boris Alexandrovich will be able and willing to pay everyone everything that is due to our TC, which is very inhuman to employers”
"In America, in general, no compensation, it seems, is not provided, I have already forgotten that they are in general"
“As early as in the 19th century, it was said that“ the severity of Russian laws is mitigated by the non-binding nature of their execution, ”and so nothing has changed in the past 100 years. The TC Code in Russia is designed so that no company can follow it 100%, so no one follows it. ”
Here are just a few quotes from a small correspondence. Talking on the phone with the owner of the company and the subsequent meeting were reduced to the fact that there is no money and in the near future no income is expected. Throughout the conversation, it seemed that they were talking about some kind of a favor on their part, and not about salary payments earned honestly by me, and compensation provided by the contract they signed.
At the same time, everyone verbally said that I was right, that everything was spelled out in the contract (“white” wages) and the law was on my side, but there would be no payments. And there will be a bankruptcy of the company, after the distribution of the assets of which I will not get anything. And an ultimatum was immediately delivered: either I terminated the employment relationship by agreement of the parties, signed the papers they needed for tax reporting and then I was paid wages for the last two months and vacation pay without compensation, or, otherwise, I get nothing: neither wages fees, no vacation. With the paper for the tax was an interesting scheme was invented. Since the employees were paid salary in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on leave at their own expense for 4 months. Apparently, in the reports of the company I was also on vacation, because my refusal to sign a long-term leave leave before reaching an agreement on all payments caused an ambiguous response from the accounting department.
Union
I confess that before that I had vague ideas about the payments due and the rights provided for by the Labor Code. Therefore, first of all, I sat down to study the Labor Code of the Russian Federation.
In relation to my situation there was the following
- About the upcoming dismissal in connection with the liquidation of the organization, employees are warned by the employer personally and against signature no less than two months before the dismissal. Art. 180 TK RF .
- Upon termination of the employment contract in connection with the liquidation of the organization, the employee being dismissed is paid a severance pay in the amount of the average monthly salary, and the average monthly earnings for the period of employment remain with him, but not more than two months from the date of dismissal (with offset of the severance pay). Art. 178 of the Labor Code of the Russian Federation .
- If the employer violates the prescribed period, respectively, the payment of wages, vacation pay, payments for dismissal and (or) other payments owed to the employee, the employer is obliged to pay them with interest payments (cash compensation) in an amount not less than one three hundred percent of the Central Bank’s current refinancing rate. Bank of the Russian Federation from the amounts not paid in time for each day of delay starting from the next day after the due date of payment up to the day of actual calculation inclusive. Art. 236 of the Labor Code of the Russian Federation .
- In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, having notified the employer in writing, to suspend work for the entire period until payment of the delayed amount. Art. 142 of the Labor Code of the Russian Federation .
The last point allowed me to protect myself from dismissal for absenteeism. Since the company Devpocket from June moved to another office and I was left without a job. Before that, I had made many attempts to reach an agreement with the employer and come to a consensus, suggested several options that could be arranged by all parties, but the employer did not want to go to a meeting in meeting the legal requirements. Therefore, at the end of May, it was decided to create a Primary Trade Union Organization (PPO) of IT workers in St. Petersburg and the Leningrad Region, which will become part of the inter-regional trade union "New Trade Unions" *. Thanks to my fellow programmers who supported me in this endeavor and joined PPO :)
Why precisely union?
In this case, you can defend your rights on an individual basis, without organizing the PPO. But firstly, the violation of labor rights is a common phenomenon, even among the most terrifying IT specialists. And it is quite possible that someone else may need advice and legal assistance. Secondly, it is extremely difficult to conduct litigation alone without appropriate legal training. In the case of the existence of a trade union, the latter provides all the necessary legal assistance in the preparation of documents and litigation. Thirdly, as practice shows, to collectively defend their rights and interests more effectively than alone. Even if you are Marvin Himimer .
What's next?
Yesterday, applications were sent to the prosecutor's office, the Ministry of Internal Affairs, the State Labor Inspectorate, which included both the above violations and tax legislation violations. Now the court will deal with the case.
And the new union of workers of IT of the sphere will continue to work and is ready to answer interesting questions. As long as we do not have our own site (there is a page in contact ), therefore, all questions regarding labor rights can be addressed either to me or directly to Novoprof (I don’t give a link to the site so as not to subject it to habraeffect). And you can join us and fight for your rights together!
* The Inter-regional trade union “New Trade Unions” has been operating since 2011 and has as its goal the unification of workers to fight for their rights and interests. They include the housing and utilities workers union, most of which are migrants, the union at the Inmarko ice cream factory in Omsk, the union of the Ferro-concrete products plant in Gatchina, etc. With the help of Novoprof, these and other trade unions were able to protect the rights of their members, to achieve payment of wage arrears, and to improve working conditions.
Source: https://habr.com/ru/post/182322/
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