Struggle for my rights or how I created a programmers union
A month ago, the employer announced the closure of the company. It’s unpleasant, of course, after for several months we all underwent financial difficulties together in the same boat. But the owner of the company and the owner that has the right. It doesn’t matter, I thought, there is an increased demand for programmers in the market, I will find a more stable company. A really unpleasant surprise was waiting later, when the employer refused to make the payments due to me related to the dismissal. This is where the thought came to my mind: why on earth would someone optimize the costs at my expense and what can be done about it?
In August last year, I got a job as an iOS developer at Devpocket, which is part of Inru LLC as a mobile app development department. Those. I actually worked in Devpocket, and was issued in Inru. Around January of this year, the company began financial difficulties, expressed in a constant delay in wages, incomplete payments and cash on hand. Boris Alexandrovich Kholmyansky, the owner of Inru, convinced that the difficulties were temporary, that the situation would soon stabilize and all debts to employees would be repaid. However, by the due date (end of April) Kholmyansky announced his intention to close the Inru company due to bankruptcy by the end of May. At the same time, part of the development was to continue, but already under the wing of Devpocket (or the new company).
Immediately after the May holidays, I asked the chief accountant how the salary and compensation payments provided for by the Labor Code will be paid. To which he received an answer that no compensation will be paid, since the company Inru has no money and the owner of the company allocated funds only to pay off wage arrears. Such an answer, of course, did not suit me. Then I was advised to contact a person who had been doing business with Kholmyansky for a long time. This person, let's call him M., tried to present the payment of salaries as the result of an “act of goodwill and elementary decency” by the owner of the company, pointing out the need for mutual “understanding” of the employees and generally the tactlessness of my request.
Here are just a few quotes from a short correspondence. A telephone conversation with the owner of the company and a subsequent meeting came down to the fact that there is no money and no income is expected in the near future. Throughout the communication, the impression was that it was a kind of favor on their part, and not about the salary paid by me honestly earned, and the compensations provided for by the agreement that they signed.
At the same time, everyone said in words that I was right, that everything was spelled out in the contract (“white” wages) and the law was on my side, but there would be no payments. And there will be a bankruptcy of the company, after the distribution of the assets of which I won’t get anything. And an ultimatum was immediately delivered: either I terminate the employment relationship by agreement of the parties, sign the papers they need for tax reporting and then I get paid wages for the last two months and vacation pay without compensation, or, otherwise, I get nothing: not a salary fees, no vacation pay. An interesting scheme was invented with pieces of paper for the tax. Since the employees were paid in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on vacation at their own expense for 4 months. Apparently, in the company’s reports, I was also on vacation,
I admit, before that I had vague ideas about the payments due and the rights stipulated by the Labor Code. Therefore, the first thing I sat down to study the Labor Code of the Russian Federation.
The last paragraph allowed me to protect myself from being fired for absenteeism. Since the company Devpocket since June moved to another office and I was left without a job. Prior to this, I made many attempts to agree with the employer and come to a consensus, proposed several options that could suit all parties, but the employer did not want to go to a meeting in satisfying legal requirements. Therefore, at the end of May, it was decided to create the Primary Trade Union Organization (ITA) of IT workers in St. Petersburg and the Leningrad Region, which will become part of the New Trade Unions inter-regional trade union *. Thanks to fellow programmers who supported me in this endeavor and joined the software :)
In this case, you can defend your rights on an individual basis, without organizing a PPO. But firstly, violation of labor rights is a common occurrence, even among all-gooing IT professionals. And it is entirely possible that someone else might need advice and legal assistance. Secondly, it is extremely difficult to conduct litigation alone without appropriate legal training. In the case of the existence of a trade union, the latter provides all necessary legal assistance in preparing documents and conducting litigation. Thirdly, as practice shows, collectively defending one’s rights and interests is more effective than alone. Even if you are Marvin Himeyer .
Statements were sent yesterday to the prosecutor’s office, the Inspectorate of the Federal Tax Service, the state labor inspectorate, which included both the above violations and violations of tax laws. Now the court will deal.
And the new IT workers union will continue to work and is ready to answer questions of interest. While we do not have our own site (there is a page in the contact ), therefore, with all questions regarding labor rights, you can either contact me or directly to Novoprof (I do not give a link to the site so as not to expose it to habraeffect). And you can join us and fight for your rights together!
* The inter-regional trade union "New Trade Unions" has been operating since 2011 and aims to unite workers to fight for their rights and interests. They include the union of housing and communal services workers, most of whom are migrants, the union at the Inmarko ice cream factory in Omsk, the union of the Concrete Products Plant in Gatchina, etc. With the help of Novoprof, these and other trade unions were able to protect the rights of their members, achieve payment of wage arrears, and improve working conditions.
The essence of the conflict.
In August last year, I got a job as an iOS developer at Devpocket, which is part of Inru LLC as a mobile app development department. Those. I actually worked in Devpocket, and was issued in Inru. Around January of this year, the company began financial difficulties, expressed in a constant delay in wages, incomplete payments and cash on hand. Boris Alexandrovich Kholmyansky, the owner of Inru, convinced that the difficulties were temporary, that the situation would soon stabilize and all debts to employees would be repaid. However, by the due date (end of April) Kholmyansky announced his intention to close the Inru company due to bankruptcy by the end of May. At the same time, part of the development was to continue, but already under the wing of Devpocket (or the new company).
Immediately after the May holidays, I asked the chief accountant how the salary and compensation payments provided for by the Labor Code will be paid. To which he received an answer that no compensation will be paid, since the company Inru has no money and the owner of the company allocated funds only to pay off wage arrears. Such an answer, of course, did not suit me. Then I was advised to contact a person who had been doing business with Kholmyansky for a long time. This person, let's call him M., tried to present the payment of salaries as the result of an “act of goodwill and elementary decency” by the owner of the company, pointing out the need for mutual “understanding” of the employees and generally the tactlessness of my request.
“I doubt that Boris Alexandrovich will be able and willing to pay everyone everything that is due to our shopping mall, which is very inhuman to employers”
"In America, in general, no compensation seems to be provided, I already forgot that they even happen"
“As far back as the 19th century, it was said that“ the rigor of Russian laws is mitigated by the non-bindingness of their enforcement, ”so nothing has changed over the past 100 years. "The TC Code in Russia is designed in such a way that no company can 100% follow it, so no one should follow it."
Here are just a few quotes from a short correspondence. A telephone conversation with the owner of the company and a subsequent meeting came down to the fact that there is no money and no income is expected in the near future. Throughout the communication, the impression was that it was a kind of favor on their part, and not about the salary paid by me honestly earned, and the compensations provided for by the agreement that they signed.
At the same time, everyone said in words that I was right, that everything was spelled out in the contract (“white” wages) and the law was on my side, but there would be no payments. And there will be a bankruptcy of the company, after the distribution of the assets of which I won’t get anything. And an ultimatum was immediately delivered: either I terminate the employment relationship by agreement of the parties, sign the papers they need for tax reporting and then I get paid wages for the last two months and vacation pay without compensation, or, otherwise, I get nothing: not a salary fees, no vacation pay. An interesting scheme was invented with pieces of paper for the tax. Since the employees were paid in cash, in order to optimize the costs of taxes and other deductions, all employees were sent on vacation at their own expense for 4 months. Apparently, in the company’s reports, I was also on vacation,
Union.
I admit, before that I had vague ideas about the payments due and the rights stipulated by the Labor Code. Therefore, the first thing I sat down to study the Labor Code of the Russian Federation.
In relation to my situation there was the following
- Employers are warned about the upcoming dismissal in connection with the liquidation of the organization by the employer personally and against signature at least two months before the dismissal. Art. 180 of the Labor Code of the Russian Federation .
- Upon termination of the employment contract in connection with the liquidation of the organization, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and he also retains the average monthly salary for the period of employment, but not more than two months from the day of dismissal (with offsetting severance pay). Art. 178 of the Labor Code of the Russian Federation .
- In case of violation by the employer of the established period, respectively, of the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer must pay them with interest (cash compensation) in the amount of not less than one three hundred Central refinancing rates applicable at that time Bank of the Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. Art. 236 of the Labor Code of the Russian Federation .
- In case of delayed payment of wages for a period of more than 15 days, the employee has the right to notify the employer in writing to suspend work for the entire period until payment of the delayed amount. Art. 142 of the Labor Code of the Russian Federation .
The last paragraph allowed me to protect myself from being fired for absenteeism. Since the company Devpocket since June moved to another office and I was left without a job. Prior to this, I made many attempts to agree with the employer and come to a consensus, proposed several options that could suit all parties, but the employer did not want to go to a meeting in satisfying legal requirements. Therefore, at the end of May, it was decided to create the Primary Trade Union Organization (ITA) of IT workers in St. Petersburg and the Leningrad Region, which will become part of the New Trade Unions inter-regional trade union *. Thanks to fellow programmers who supported me in this endeavor and joined the software :)
Why trade union?
In this case, you can defend your rights on an individual basis, without organizing a PPO. But firstly, violation of labor rights is a common occurrence, even among all-gooing IT professionals. And it is entirely possible that someone else might need advice and legal assistance. Secondly, it is extremely difficult to conduct litigation alone without appropriate legal training. In the case of the existence of a trade union, the latter provides all necessary legal assistance in preparing documents and conducting litigation. Thirdly, as practice shows, collectively defending one’s rights and interests is more effective than alone. Even if you are Marvin Himeyer .
What's next?
Statements were sent yesterday to the prosecutor’s office, the Inspectorate of the Federal Tax Service, the state labor inspectorate, which included both the above violations and violations of tax laws. Now the court will deal.
And the new IT workers union will continue to work and is ready to answer questions of interest. While we do not have our own site (there is a page in the contact ), therefore, with all questions regarding labor rights, you can either contact me or directly to Novoprof (I do not give a link to the site so as not to expose it to habraeffect). And you can join us and fight for your rights together!
* The inter-regional trade union "New Trade Unions" has been operating since 2011 and aims to unite workers to fight for their rights and interests. They include the union of housing and communal services workers, most of whom are migrants, the union at the Inmarko ice cream factory in Omsk, the union of the Concrete Products Plant in Gatchina, etc. With the help of Novoprof, these and other trade unions were able to protect the rights of their members, achieve payment of wage arrears, and improve working conditions.