Posted 15 марта, 06:45
Published 15 марта, 06:45
Modified 15 марта, 06:49
Updated 15 марта, 06:49
According to the press service of the regional court, kostromichka N. appealed to the bank in the case of protection of her labor rights.
She said that in May 2018, the bank concluded a civil agreement with her, according to which, within the framework of the Mobile Agent project, she attracted customers and issued credit cards on the instructions and under the supervision of the Bank. The bank provided the employee with software, an electronic key and everything necessary for processing applications. The bank transferred her salary monthly. But the bank signed an official employment contract with the employee only in October 2018. After the outbreak of the pandemic in April 2020, Kostromichka was transferred to the position of a specialist in the support group of the agency network for the duration of the Mobile Card Delivery project, where she worked until June 2021.
In February 2022, the bank was reorganized, the staff was reduced, but no dismissal order was issued to the employee.
Having been left without work and without money, kostromichka appealed to the court with a demand to recognize the fact of labor relations with the bank from May to October 2018, to recognize her dismissal illegal and restore her to work at the bank, as well as to collect compensation from the credit institution for unused vacation, all other mandatory payments and compensation for moral damage.
The court concluded that from May to October 2018, the employee performed the same labor function outside the stationary workplace, for which she received a salary. The court called the belated registration of labor relations an abuse on the part of the employer. The court also found violations in the dismissal of a remote employee from the bank. According to labor legislation, when reducing staff, the bank should have warned employees about this no later than two months in advance, but the bank could not submit documents on the fulfillment of this requirement to the court.
As a result, the court reinstated the illegally dismissed employee at work and recovered more than 950 thousand rubles from the employer in favor of Kostromichka. This amount included unpaid wages for 10 months, salary for 6 months of forced absenteeism, compensation for unused vacation for 4 years and compensation for moral damage.
The court's decision has entered into force.
Earlier it was reported that citizens' complaints about violation of labor rights have become more frequent recently. So, on the morning of March 15, an all-Russian strike of Wildberries marketplace operators began, dissatisfied with working conditions, salary deprivation and the illegal introduction of various fines.