Themis’s Representatives refused to satisfy the complaint, the Russians Natalia P., 17 years worked at the Embassy of Switzerland, and then forced to urgently leave. The employer left the lady without any the payments.
As told to “RG” herself a former translator from the Embassy of Switzerland she had resigned 13 March 2019. The reason was harassment and attack by the new Ambassador. During the work at the Embassy Natalia managed to seamlessly work with five different ambassadors and General consuls. 2017 her immediate supervisor became the new Ambassador. The woman says that the chief immediately began to give her attentions, and made it clear that he didn’t mind to make their relationship less formal. The refusal he was apprehended in bayonets and recommended Natalia to find a new job.
“the day of dismissal, I was not paid salary for March, selling, processing and retirement savings in the past 17 years otchalivshaya monthly wages (in the amount of 10 percent of income). Total amount payable – more than five million rubles. After unsuccessful attempts to peacefully resolve the situation with the Swiss foreign Ministry, where I wrote, in November of 2019 I submitted to Basmanny court of Moscow the claim about collecting owed me money”, – told “RG” Natalia.
Representatives of the Swiss Embassy said that despite the fact that the employment contract between the employee and the Embassy is subject to local legislation, that is Russian, the right to judicial immunity is not affected. In addition, the objection to the court the complaint of lawyers of the Embassy of Switzerland stressed that the plaintiff, according to their job duties, were performed by the “sovereign authority of a foreign state”. In other words, the interpreter was allegedly influential Swiss civil servant. I wonder how they would respond if a similar story happened with the driver or courier.
But in the end in January 2020, the year Basmanny court has satisfied the petition of the Embassy about the use of immunity. That is, the protection of the Embassy of the Russian proceedings. Then the complaint against the court ruling with a request to remove diplomatic immunity and finally to deal with the provisions of payment to the dismissed employee was sent to the Moscow city court.
One of the arguments of the plaintiff was the reference to the Federal law No. 297-FZ of November 3, 2015, governing the issue of immunity of the Embassy or international organization. It says that in the case of a direct recruitment of the immune system used can not be.
furthermore, the UN Convention on labour disputes States that “a state cannot invoke immunity from jurisdiction before a court of another state, which usually has competed��the Oia to consider cases involving labor contract between the state and natural persons regarding the work that has been or must be performed fully or partially in the territory of that state.”
True, there are limitations – this paragraph shall not apply if “the employee has been recruited to perform functions closely associated with the exercise of governmental authority”. This subparagraph and regularly causes controversy – who is closely associated with the government of a foreign state, and who doesn’t.
“I was a translator, albeit upscale, but no special powers I never had. Sovereign powers trust people with diplomatic status, for example, employees of missions of the Russian Federation abroad”, – says Natalia.
But the appellate court still did not support the requirements of the retired Russians. The Russian foreign Ministry, too, is not really supported in such situations the citizens of Russia. They point out that the UN international law Commission refers to employees whose duties are connected with the exercise of the sovereign authority of a foreign state, including interpreters and private secretaries.
“Now we have a situation in which the citizen of the Russian Federation operating in the territory of the country and paying taxes here, there is no possibility to protect the violated labour rights, because it can employ the diplomatic mission or international organization, then at any time “to throw” and hide behind immunity. Thousands of Russian high-class specialists working in the country, may be tomorrow in a situation where their rights are violated, and the Russian courts will hesitate to confront their foreign employers,” concludes the victim.
Ivan Solovyov, doctor of legal Sciences, honored lawyer of Russia, candidate for Governor of Sevastopol:
I Can only take my hat off to the patience and perseverance of Natalia. And regret that the Swiss did not go into a constructive agreement with a person who has long helped their country. Obviously, they felt that the payments will be the indirect evidence of a confession alone Ambassador. But what exactly is that this jurisprudence it is time to reconsider. Foreign employers should know that the rights of Russians working for them, is protected by Russian law and our jurisdiction. It is absolutely in the spirit of the recently adopted amendments to the Constitution of our country.
