Posted 27 декабря 2021, 07:49
Published 27 декабря 2021, 07:49
Modified 24 декабря 2022, 22:37
Updated 24 декабря 2022, 22:37
After an article about corruption at the university, the rector's advisor threatened to sue Novye Izvestia. Apparently, he didn't have time. For six months, the ex-rector and his subordinates in the economic block are themselves summoned for interrogations.
Since the summer, the deputy chief engineer of the Administrative and Economic Department of the Moscow State Technological University "Stankin" Alexander Menshov, one might say, was forced to retrain as the leader of an initiative group of university workers fighting for their labor rights.
The nine workers laid off as a result of the "reorganization" of the administrative and economic block are united by three points: they were all highly qualified, were dismissed in the last months of the rector of Aleksey Kapitanov, and they all trumpeted about "left" contracts through which, in their opinion, the funds of the federal university were plundered.
One way or another, the "rebels" were forced to resign, reducing their positions or lowering their salaries to 4-12 thousand rubles a month, or even simply openly inviting new applicants to their vacancies "with them alive."
"In the actions of the university management, of course, we see signs of discrimination against ourselves in the world of work. The employer classifies workers by place of residence - as a consequence of the impossibility of obtaining a regional minimum wage; age - pre-retirement age; beliefs - anti-corruption position; sets a lower salary in comparison with similar ones positions; deliberately leads to the termination of the employment contract by moral pressure on the employee, "- wrote then the employees who entered into dismissal disputes with" Stankin ".
Alexander Menshov is the only one who, in the struggle for his recovery, reached the victorious end.
On December 15, the Zyuzinsky District Court of Moscow ruled that his dismissal was unlawful and ruled to satisfy the demands for reinstatement at work, collection of wages for the period of forced absence from work and compensation for moral damage.
On December 16, the new rector of "Stankin" Vladimir Serebrenny canceled the order of the rector-predecessor to terminate the employment contract with the employee and demanded that he be allowed to continue to perform his job duties.
Earlier we wrote why Alexander Menshov, to whom the employer had never had any complaints before, was led to dismissal.
Menshov's job responsibilities included the formation of design estimates and terms of reference for the survey, maintenance and repair of buildings, structures, engineering networks, as well as control over the execution of contract work.
Since the fall of 2019, the bosses began to interfere with Menshov in the performance of his labor functions. The immediate manager - the chief engineer - hid the real state of affairs under repair contracts, did not allow the inventory and survey of networks, refused to issue the keys to the main points.
Delays in signing contracts for work and technical control began. The technical assignments formed by the Administrative and Economic Department were not systematically executed.
“Somewhere the contractor did not go to the site at all and, accordingly, the paid contracts turned into an absolute fiction. Somewhere the work was carried out in an underestimated volume, but paid for 100%. And somewhere, on the contrary, there was a duplication and construction of work - one contract was duplicated and paid many times, "- said the engineer.
Counting violations, at least 20 million rubles, Menshov began to write reports with the requirement to stop corruption addressed to the vice-rectors and the rector.
However, no measures were taken by the leadership, but Menshov himself was soon summoned to the carpet.
“These are our people [contractors] - don’t touch”, “They didn’t complete the work - so what, but what’s your business?”, “Stop writing these terrible papers, we’ll figure it out ourselves, ” he recalls fragments of his conversations with managers.
But the worker "did not stop." Then they began to persistently offer him to resign by agreement of the parties. The worker refused to leave, then he was handed a notice of the "structural reorganization" of the enterprise, as a result of which the university got rid of the "rebel employees."
- The wording of staff reduction in connection with the redistribution of duties in the chief engineer service did not suit the judge and the prosecutor. They repeatedly asked the defendant to explain why they had actually cut their staff. Did the university no longer need these positions? Has the volume of work that these workers performed decreased? Maybe the work itself was no longer required? The employer could not prove any of this. But gross violations were revealed in the process and helament of dismissing workers , says Menshov.
On August 16, 2021, the Office of Material and Technical and Economic Support introduces a new staffing table, which excludes five positions allegedly as unnecessary. But (!), Without waiting for the completion of the procedure for dismissing old workers, they declare the same positions vacant and begin to recruit new people for them.
"You say the staffing, as expected, to shorten the procedure, and then in the process of going after the reduction procedure offers all employees of temporary jobs several times changed the staffing," - says the judge (audio is available edition).
On August 30, Menshov did not agree with the order of dismissal due to the fact that he was not offered a transfer to vacant positions. He asks to familiarize him with the vacant positions orally, makes such a note on the order itself, sends written requests through the registry, "Russian Post" and through electronic document management.
In court, however, the employer states that the employee refused all offered positions and was therefore fired.
“During the period of the procedure for reducing the number of employees, the defendant did not offer the plaintiff all available vacant positions, not only with the appropriate qualifications, but also including lower positions and lower-paid jobs. The defendant has not received a written waiver of these vacancies. Job descriptions, in which the employer would have approved the qualification requirements for all vacant positions suitable for the plaintiff, are not presented in the case file. The respondent did not take into account the fact that the plaintiff has a long record of work, his previous attitude to work, namely: for the entire period of work, the plaintiff has never been brought to disciplinary responsibility , ”the judge notes.
The court order for reinstatement at work should have been accepted for execution immediately, there was no need to even wait for the writ of execution. On December 15, a decision was made, on December 16 - going to work, Menshov notes. But the participants in the trial did not have time to leave the courtroom, as the head of the personnel service loudly threw the engineer: " I will not let you go to work. "
The next morning, her predictions came true.
- I come to work in the morning, the guards do not let them go beyond the turnstiles. “Sorry,” they say, “we know who you are, but the head of security gave us an order not to let you in.” And that was given instructions by the head of the personnel service. It was possible to break through only after sending her a message about bringing to criminal responsibility for failure to comply with the court decision. In general, I went into the office with a fight, but it is empty. The tables are empty, the equipment is taken out, the networks are disconnected from the workflow. Oh ... Well, I started writing memos again ... - says the engineer.
By the way, Menshov went to work without knowing the size of his salary. After a fight with the old administration, his salary was reduced from 85 to 12 thousand rubles. The judge did not submit her wishes on the size of the salary.
- The new rector is neutral towards me. On December 16, as expected, he signed an order canceling my dismissal and access to work. Of the old ones, only personnel officers remained. They do not want to let me go to work, because they are afraid that I will fire them and bring them under investigation. This happened with the former vice-rectors for economics. I have in my hands all the documents about their financial exploits and fake contracts. On the papers - their signatures too. - says Menshov.
- "NI": What do you think, thanks to what in general it was possible to win a litigation with an employer at a large federal university? Considering, in addition, that the first court on the recovery of wages for the forced absences, you lost and the same judge Elena Safyan was appointed to the second court?
Alexander Menshov: I don't know. I'm stubborn. Everyone understood that I would not stop, no matter how strong the enemy squadron was. "There can be no questions about surrender - we will not surrender the cruiser and ourselves, and we will fight to the last opportunity and to the last drop of blood. Perform each of your duties accurately, calmly, without rushing. Especially the gunners, remembering that every shot must harm In the event of a fire, extinguish it without publicity, letting me know " - these words of Rear Admiral Rudnev - the commander of the Varyag cruiser, I sent them all to the WTS before the start of the court hearings. And your article helped. I printed it out in color and attached it to the court records. The judge ironically noted that the plaintiff had attached, among other things, "colorful materials" to substantiate the arguments. Publicity and publicity in such cases is very important.