News / 29.04.19

"Deceiving people is usual employers' practice": REP helps electrician to get money due under contract

An employer refused to pay in full, because the worker fulfilled the work faster. The JLLC "Natrix" concluded a contract agreement with Sergey Voroshilov, a member of the REP Trade Union, for electrical installation works, but paid only half of the agreed amount.

Sergey was given a month to complete the works, but he coped in two weeks. Besides, at employer's request he made additional works, not fixed in the contract. As a result, the company bosses refused to pay for the works in full.

The Oktiabrsky District Court of Vitebsk has partially satisfied Sergey's lawsuit and ruled to collect BYN 543 of unpaid salary and BYN 70 of penalty from the employer.

Sergey told that he had worked for the company earlier, and he couldn't expect that the "Natrix" wouldn't pay:

"I can say that I had rather confidential relations with the company bosses. They know that I'm a professional in my field. They used to pay for my work decently and timely, that's why I agreed to do additional works under an oral agreement. But in late 2018, they suddenly decided not to pay in full. The contract stated that my remuneration was BYN 1100 roubles, but I received only a half of it, maybe because I coped with everything faster…"

LAWYER'S CONSULTATION: WHAT IS A CONTRACT AGREEMENT?

"If I had known that they would act like this, I'd have photographed every step, and run a work registry myself. Now I understand that these simple actions could have protected me. I believe that it's important not to be silent about any employer's illegal actions. Until I turned to the REP, I hadn't believed at all that I would manage to get anything. In Belarus, it's a common employers' practice to cheat people with money. I used to read about it only in media, but now I've felt it on my own experience," Sergey Voroshilov has concluded.

Alexander Khamratov, a lawyer and an activist of the REP Trade Union, who helped Sergey in defending his interests in court:

"In this case, the worker had fully completed his work, while the employer, already in the middle of the stipulated period, stated, in the delivery-acceptance act, that about 50% was fulfilled, because he didn't want to pay him the contracted sum in full. Therefore, I advise people who work under one-time contracts to fix the result of their work at the end of each working day (take photos and videos). It's remarkable that at the trial all the employer's witnesses got lost in their testimonies and failed to present any particular facts, just saying 'I don't remember' and 'I don't know'."

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"Another problem was that the additional works were not documented in any way. Only a highly qualified expert could confirm that Sergey had really performed them. Besides, he had earlier fulfilled such works for the JLLC 'Natrix'. However, the court didn't treat this evidence as sufficient and satisfied our lawsuit only partially."

VICTORY: REP ADJUDGES REMUNERATION TO VIDEO OPERATOR

"Never do any work just under oral agreement. When you aren't paid, it's difficult to prove anything. Your contract agreement must be in writing with all the prescribed conditions, deadlines and established remuneration," Alexander Khamratov has added.

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