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Russia - The Supreme Court required to identify cases of illegal coercion to dismiss

Russia (bbabo.net), - The Supreme Court of Russia is preparing special clarifications on how to consider disputes related to the conclusion of an employment contract. This was announced by the Chairman of the Supreme Court of Russia Vyacheslav Lebedev. Fundamental issue: all judges in the country should be focused on protecting the rights of workers.

For example, the courts should - and not tomorrow, after the release of the review, but already now - find out in controversial cases whether the dismissal was the result of pressure on the employee. It is necessary to study all the circumstances that preceded the dismissal. And if it turns out that the boss decided to simply throw the person out on the street - illegally and without money - the court is obliged to protect the employee.

Vyacheslav Lebedev's statement was made during the Conference of Judges of Courts of General Jurisdiction and Arbitration Courts.

According to the Chairman of the Supreme Court of Russia, last year the courts satisfied 96 percent of claims for the recovery of wages. In addition, 53 per cent of reinstatement claims were granted.

Important: even people who worked without a contract have the right to protection. Some employers like to keep their people in a black legal body: that is, not to draw up in white, but to issue salaries in envelopes. However, the boss who puts on "dark workhorses" can be punished.

At the end of last year, the plenum of the Supreme Court of Russia prescribed in detail how to punish the citizens of the chiefs for violating the labor rights of subordinates.

The document specifically explains how to prove that a person worked at an enterprise if a contract was not officially concluded with him. The Supreme Court of Russia recalled: officially employing an employee is not a whim, but an official obligation of the employer. The Plenum recalled that an employment contract between an employee and an employer is considered concluded from the moment when the employee started work on behalf of the employer or his authorized representative. And it is from this moment that the employer has three days to draw up an employment contract.

The decision of the plenum also provides an approximate list of evidence that can confirm that the person really worked for the boss. So workers today have strong legal mechanisms to protect their rights.

Another news that was announced at the meeting: the trend towards a decrease in the prison population and the humanization of criminal policy continues. This is confirmed by the data of the Federal Penitentiary Service: in three years the number of prisoners decreased by 85 thousand people.

According to Vyacheslav Lebedev, over 600,000 people were convicted last year. With regard to 174 thousand people, criminal cases were discontinued. That is, 22 percent of the defendants were eventually released from punishment for various reasons. These people have no criminal record.

"2.1 thousand people were acquitted," - said the Chairman of the Supreme Court of Russia.

At the same time, according to him, the jury acquitted almost a third of the defendants.

"With the participation of jurors, 1,019 criminal cases were considered against 1,150 persons, of which 68 percent were convicted, 32 percent of the accused were acquitted," Vyacheslav Lebedev said.

As soon as a person starts work, the boss must sign a contract with him, otherwise he will be punished

If the prisoner is seriously ill, then a poor description of the colony administration cannot be a basis for refusing to release him from punishment due to illness.

"Release from punishment due to the illness of a convict cannot be denied on the grounds that the convict is negatively characterized by the administration of correctional institutions or does not have any incentives during the period of serving the sentence, he does not have a permanent place of residence or social ties," Vyacheslav Lebedev said.

Courts last year granted 54 petitions for parole, 46 percent of petitions for the replacement of an unserved term of imprisonment with a milder sentence, 63 percent of requests for a stay of execution due to illness and 46 percent - in connection with the illness of the convict.

Russia - The Supreme Court required to identify cases of illegal coercion to dismiss