Contract trap: court decides on the case of construction team from Slonim

by praca
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On December 21, Judge Evgeny Navrotsky of the Pervomaisky District Court of Minsk partially satisfied the claims of the builders from Slonim against the “StilStandartStroy” LLC. The judgement fully satisfies the respondent: the court refused to charge a single penny in workers’ favour.

At the trial, the interests of the builders, who decided to join the REP Trade Union with their whole team, were represented by Yuri Belyakov, a legal inspector of the REP Trade Union.

Each of the 16 members of the team claimed BYN 2500-4000 of unpaid wages from the “StilStandartStroy”.

At the trial, the claimants explained that since March 2018, they worked in the Osipovichi District, at the facility of the Open Joint-Stock Company (OJSC) “Gazprom Transgaz Belarus”; this subsidiary of the “Gazprom” has paid the due money to the “StilStandartStroy” LLC; however, the director of the latter has refused to pay the workers.

The builders worked for 9-11 hours a day, because until the end of the work, the company paid well for their labour well: 11.7 roubles per hour.

The respondent (the employer) said that the company owes a little money for August to all the workers, who had labour contracts, while it owes nothing to the four remaining builders, who worked under the “honest word” (without contracts). The judged has ruled to collect the small debts (up to BYN 400) plus the accrued penalty from the “StilStandartStroy” LLC.

“The decision of this first-instance is actually similar to the one passed by Svetlana Smolina, Judge of the Moskovsky District Court of Minsk in the recent case of a team of roofers. Let us remind you that then the judge fully satisfied the lawsuit based on the documents provided by the ‘Beltransstroy’ Trust. In the case of Slonim builders, we have not yet received the motivation part of the ruling, but I have no doubt that it will be the same as the Smolina’s one: with errors and inaccuracies which are contrary to the materials of the case that the court had investigated,” says Yuri Belyakov.

Here are just some of the facts that were voiced at the trial. In the case files, there are printouts of builders’ phone conversations, which confirm that in July and August 2018 they really worked at the site for 9-11 hours. However, the employer’s foremen put down 2 work hours to each of them, both under contracts and without them. Therefore, they received their wages for these two hours. The court found it correct.