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Russia - the RF Armed Forces allowed to prove the fact of remote work using e-mail

Russia (bbabo.net), - The Plenum of the Russian Supreme Court passed a ruling detailing how to punish employers for violations of employee rights, such as delayed wages.

The fundamental point: to employ an employee is not a whim, but an official duty of the employer. Sometimes bosses do not formalize employees to make their life easier. Don't pay "extra" taxes. Have no obligations to subordinates, etc. However, the Supreme Court emphasizes that an employment contract between an employee and an employer is considered concluded from the moment the employee starts work on behalf of the employer or his authorized representative. And from that moment on, the employer has three days to complete the employment contract.

“The resolution of the Plenum of the Supreme Court of Russia clarifies important issues related to punishing employers for various violations of the labor rights of employees,” says Vladimir Gruzdev, chairman of the board of the Russian Bar Association. “One of the important provisions is that even unofficial employees have the right to protect their labor rights. Moreover, the evasion of registration or improper execution of an employment contract is in itself an administrative offense. It entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles. For legal entities, a fine is provided from fifty thousand to one hundred thousand rubles " ...

Evidence in such cases is any factual data on the basis of which it is established that there is an employment relationship between the employee and the employer, including the testimony of witnesses.

"Even an employee who worked remotely will be able to prove the fact of constant fulfillment of his job duties. Evidence may be correspondence between the parties, including by e-mail. Photo, audio and video recordings should also be accepted by the court," said the head of the AYR board.

So if a person has worked with a company on an ongoing basis, its management will not be able to pretend that they have not seen him in the eye. Maybe I didn’t see it, it’s true. These are the times now. However, the company was obliged to register even an invisible employee if he works on a permanent basis, performs tasks, receives a salary.

Also, as stated in the decree, documents can be attributed to evidence, for example, a pass issued to a citizen to the employer's territory, a log of the arrival and departure of workers to and from work, work schedules, etc. This applies, of course, to those who worked full-time. However, some documents can confirm the "fact of existence" of a remote employee. Let's say, reports, written assignments, acts and so on.

Vladimir Gruzdev also noted that the state especially protects the right of citizens to timely wages. In the event of delays in the payment of salaries, pensions, other statutory payments or in case of partial payment of them, citizens can turn to the prosecutor's office, trade union bodies, labor inspectorate or the court for help.

Russia - the RF Armed Forces allowed to prove the fact of remote work using e-mail