In this article I will talk about my fellow programmer, who fell into one unpleasant story. This article may seem to some readers anti-advertising, what it actually is. Its goal, after all, is to solve the problem on a world-wide basis and to prepare developers for possible problems with the employer upon dismissal. And also in it you can find the answer to the question: Why do we live so badly? - But because - “Nigeria in the snow”.
Since April 2010, my friend got a job as an ActionScript developer at the company Sanmedia Games. This company is engaged in the development of gaming applications for social networks and mobile platforms. The work was done, the games were released, the salary was received.
Everyone knows that in our country, labor legislation has changed slightly since January 1, 2011. Tax deductions increased, resulting in an increased burden on the employer. About innovations can be read on Habré. A lot was discussed and the scheme to save a small business from the new tax burden.
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Let's return to the companion. He was going to change jobs in the new year in order to increase wages. But what was the surprise of the workers when in January they were told that the company was being liquidated, but a new one was being created instead. They were asked to write an application at will in hindsight for December 31, 2010. Began tricky fraud.
Employees began to think about changing jobs. My friend announced the director of the resignation, wrote a statement of his own free will on December 31, 2010. By personal agreement, looking for a new job, he worked on a new game project during January. It was planned at the end of January to get the calculation and labor book. A comrade did all the work, but he didn’t receive the payroll and on the right day of work, so he decided to play it safe and took the source codes for January.
A week after leaving, thoughts crept in: There is still no calculation and employment record. After a conversation with the director of the company, Ivanov Dmitry Vyacheslavovich, it became clear that there was no calculation of work. The director was invited to talk with some absolutely unknown person, supposedly an investor. Funny people - refused, so as not to make problems for themselves.
Comrade, after consulting with lawyers, wrote a statement addressed to Director Ivanov D.V. with a request to issue a work book and make a full calculation, as well as a statement to the Commission on Labor Disputes in St. Petersburg. Copies were sent to the director by e-mail, with a proposal to go to the world. We created a small topic for the site of problem employers. An adequate response has not yet been received. And the time that it was decided to withstand before the submission of the application to the labor commission expires.
Another former employee of this enterprise got into exactly the same situation. He quit two weeks earlier, did not receive a payroll, either. All other employees were informed about the situation and are also looking for a job. All are on the side of the dismissed and believe that they are not being treated fairly. For a while, everything hung in the air.
And today it turned out that the director of Sanmedia Games LLC filed an application with the police against my friend for Article 201 of the Criminal Code of the Russian Federation. Understand the absurdity of this situation? In this case, the friend was an ordinary developer, and by no means a manager.
Now he is an employee of another company, he goes to work for a week. The workbook was not received, the calculation, too. There are thoughts that, in addition to the gray salary in this company, it is possible that clearance under the Labor Code of the Russian Federation was not carried out at all. Workbooks just disappeared. Lost the experience, and now you need to spend time on the restoration of labor. We expect to visit the police.
Please all people who have encountered similar problems, tell them how it all ended and how it was solved. From lawyers, I would like to hear the possible consequences of article 201 and some algorithm of correct actions for an objective solution of this problem. Opinion of all other readers is welcome.