So, since March 23, the Ministry of culture has recommended to suspend the activities of cinemas. Olga S. works as an usher and was forced to go on paid leave because the employer insisted. What will happen next, not know. Worried that the General may be left without work if the epidemic will go on recession.
Often employers instead of the employment contract concluded a civil law agreement. Then the employee is left unprotected. Relationship with him is based on the principle of “in the morning chairs – in the evening money”
As explained “RG” in Association of theatre owners, the situation is difficult, but so far layoffs are planned. For the settlement of labor relations with employees and landlords are all waiting for direct instructions from the authorities. “I was really waiting for the official ban, which allows to regard the situation as force majeure. This allowed a simplified procedure to resolve the issue with the rent and our employees, which we will release home in connection with the interruption to the work”, – told in the press service of the United network of cinemas “Cinema OKKO”, “Sinemapark” and “Formula Kino”.
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a member of the Association of lawyers of Russia Dmitry Pozdnyakov explained that downtime in labor law called the temporary stop of a workflow. For the employee this period will be charged 2/3 of the tariff rate or salary of the employee, if caused by force majeure.
Administrator sports complex Alexander K. says that the work did not go now, because the employer issued an order declaring the downtime. Simple as initiated by the employer due to the lack of sports organizations, Alexandru period of “idleness” is eligible in the amount of 2/3 of averageblaty, which is calculated taking into account all premiums and surcharges for the last 12 months.
But coach karate at the sports school Vitaly S. for lack of work sent by the Director on unpaid leave. In the Fes explained that this is a violation of labor laws, because to go on leave without pay employees may only on his own initiative, of course, would require the consent of the Manager. Vitaly suggest to write the application to the labour Inspectorate or to leave a complaint on the portal onlinespecial.of the Russian Federation.
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Suddenly close and fire people, the employer has no right, said Dmitry Pozdnyakov. For this to be not only a good reason, but observed all the conventions, including the notification procedure, and obligatory payments to employees. For example, to notify the employee of the reduction, it is necessary not less than two months, after which the day of termination of the employment relationship will have to transfer him compensation in the amount of two average salaries. About mass redundancies the employer is obliged to notify the employment service.
the guarantee of labor law apply only to those employees with whom the employment contract is signed. If it is decorated with civil-law agreement, then such terms as the employer and employee, it simply does not, and the relationship between the parties built on the principle of “in the morning chairs – in the evening money”, when every man for himself. Often employers enter into a civil contract instead of labor, in order not to incur additional obligations to their SOTmines: because then you will not have to provide vacation, paid sick leave, to be responsible for safe working conditions.
Suddenly to close shop and fire people, the employer has no right, even if there are no visitors.
