News / 04.02.19

"Belarusneft-Osobino" Poultry Farm found shortage worth BYN 57,000 and divided it among 59 employees

The bosses of the "Belarusneft-Osobino" Poultry Farm decided not search for those guilty of the loss of a huge batch of chicken carcasses, but distributed the shortage to all the materially responsible workers. All the loaders, storekeepers and foremen of the slaughterhouse were announced to be guilty. The shortage was detected on January 11, 2019, while the previous inventory with a positive outcome was conducted just two months before.

The fact became known on January 31, after unjustly offended workers came to Leonid Sudalenko, the lawyer of the independent REP Trade Union, and asked him for help.

Commenting on the situation at the Poultry Farm to the "Gomelskaya Viasna" (Gomel Spring) website, the lawyer has noted that the farm is using the collective financial responsibility of the staff, which means that workers are not obliged to prove the absence of their guilt in causing the damage.

"To attract an employee to liability, apart from the damage itself, there should also simultaneously present the worker's guilt, the unlawfulness of his/her actions, and a direct causal link of his/her misbehaviour with the resulting damage. Even if the employer proves all that at court, workers can expect a significant reduction of the amounts to be recovered depending on their material and family status," the union lawyer has explained.

He has also added that in the current situation the employer offered workers to pay the large shortage back on a voluntary basis, and even offered to do it by instalments, that is, to deduct the amount of the shortage from their salaries during a year. The union lawyer helped the workers to appeal to the LDC (Labour Dispute Commission), whom they asked to cancel the material claims put forward against them.

Let us remind you that, according to the current legislation, the term of one year from the date of the detection of shortage has been set for the employer to appeal to the court on the issue of collecting material damage from the employee.

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