News / 27.08.19

"Snov" AIC driver worked 500 overtime hours, but cannot receive earned money

On August 5, the Minsk Regional Court considered an appeal complaint lodged by Vyacheslav Syritsa against the "Snov" Agro-Industrial Combine (AIC) about collection of his duly earned wages for overtime work.

"Despite the fact that our arguments were fully supported by the prosecutor, the judicial panel of the Minsk Regional Court rejected our complaint," said Alexander Voiteshik, a REP lawyer, who represented the claimant in court:

"In 2018, Vyacheslav worked overtime for about 500 hours, but the employer wouldn't pay, admitting that he owes about BYN 2500 to the worker, but asking to apply a three-month delay for going to court, thus, misinterpreting the provisions of the Collective Agreement, and claiming that this document obliges the employer to run the summed-up accounting of working time only in relation to 'other drivers', because Syritsa had not signed a labour contract with the employer."

At trial, driver of "Snov" AIC proves that he was illegally deprived of bonuses, material aid and "Honorary Worker" title

"The respondent claimed at trial that the AIC was obliged to pay all the due to Syritsa monthly, not once a year, therefore, the claimant had missed the deadline for going to court. In our turn, we insist on the application of the summed-up accounting of working time to Vyacheslav," said Alexander Voiteshik. Now, we intend to appeal against the Regional Court decision to its chairman in the order of supervision."

Instead of reinstatement at work, compensation; Vyacheslav Syritsa is again suing the "Snov" AIC

On March 20, 2019, Vyacheslav Syritsa applied to the labour dispute commission of the "Snov" AIC claiming payment for his overtime hours in 2018. In December 2018, he was paid BYN 229.35 for the overtime work; however, the AIC bosses decided to pay nothing for the overtime in January-November 2018, referring to the expiration of the term.

The claimant went to court; on May 15, 2019, the Nesvizh District Court refused to satisfy his lawsuit.

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