News / 27.08.19

"Not only drivers but the state suffered": taxi drivers reinstated at work at "Viamignis" LLC

The three dismissed taxi drivers, Arthur SmolskyVitaly Klimenok and Denis Martynyuk have been reinstated at work at the "Viamignis" Limited Liability Company (LLC). On August 6, the Partizansky District Court of Minsk obliged the employer to reimburse their wages for the time of forced absenteeism and compensation for moral harm of BYN 500 to each of them.

The employer offered them to get dismissed under a parties' mutual consent, but taxi drivers refused to do it without receiving due compensations. Many of them appealed for help to the REP Trade Union, whose lawyers helped in drawing up their lawsuits. As it turned out, the "Viamignis" LLC had failed to make the due contributions into the Population Social Protection Fund (the so-called FSZN).

"By a court ruling, drivers have been reinstated at work and will be dismissed in connection with the liquidation of the company, and not for their absenteeism. As for the compensation of the moral harm suffered, the "Viamignis" LLC has in fact neither special property, nor enough funds in its accounts (the company is in the state of liquidation, – note of the REP News)," Igor Komlik, a REP's legal inspector, who represented the claimants in court, has noted.

"A lot of claims can be put forward to the founders of the company, because when they hired people, they pretended that the company was respectable; people came to get hired there even in May 2019, hoping to receive decent wages, which they never got. Since the "Viamignis" LLC made no payments to the FSZN, its employees may lose their insured period, which will affect their future pensions. A logical question arises: did the company pay their due income taxes? As a result, not only employees, but also the state suffered from the company's activities."

The founders decided to liquidate the company, but again they committed a new violation of the law in respect of their employees:

"After a number of drivers turned to the REP Trade Union, the State Labour Inspectorate, and the State Traffic Police about the state of vehicles and violations of the labour legislation, the founders decided to liquidate the company; and in order not to make the payments to the employees prescribed by the law at liquidation, they decided to dismiss all the employees altogether allegedly for absenteeism. It was done retroactively – on June 27. However, the law prescribes that a worker must be informed two months in advance about the termination of the labour contract and receive three average monthly salaries as compensation," Mr Komlik has explained.

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