An analysis of the results of the work of the state labor inspectorate in the Smolensk region shows that one of the most common violations of the labor rights of workers is the non-registration or improper registration of labor relations between the employee and the employer, which results in the non-conclusion of an employment contract and the non-issuance of a work book. At the same time, when hiring, the employee is often required to hand over the work book to the employer for him to fill in, promising to draw up an employment contract later and not to do so in the future. In some cases, such actions of the employer lead to the fact that the employee performs labor activity “illegally”, which in the future may lead to the “oral” dismissal of such an employee and the issuance of ‘a work book by the employer without a record of work for this employer, while without payment salaried worker. Thus, the employee finds himself in a situation where, in order to compel the employer to pay him a salary by addressing the supervisory (supervisory) body or the court, he is confronted with the fact that he cannot document the fact of working for this employer.
Warning workers about the danger of facing the above situation, informs the State Labor Inspectorate of the Smolensk region!
In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. A copy of the employment contract is sent to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be evidenced by the employee’s signature on the copy of the employment contract kept by the employer. An employment contract not signed in writing is considered concluded if the employee has begun to work with the knowledge or on behalf of the employer or his representative. When the employee is actually admitted to work, the employer is required to conclude a written employment contract with him no later than three working days from the date on which the employee was actually admitted to work.
In case of non-compliance by the employer with the specified requirements of the law, the employee has the right to personally apply for the protection of his rights to the State Labor Inspectorate of the Smolensk region with a statement to the address : 214020, Smolensk , St. Shevchenko, D. 87, or by sending an application by mail to the indicated address, as well as submitting an application through a special service on the site “Onlineinspection.rf “.
Please note that an application for protection of violated labor rights in terms of improper registration of labor relations should be submitted in a timely manner, within the scope of the performance of labor activities.
For all emerging issues of compliance with labor laws and labor protection requirements, you can obtain advice by telephone: 8 (4812) 31-03-69, or by sending a request to the e-mail address : [email protected] .
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