Defendant unreasonably refused to pay compensation for the acquisition shtrat gasoline A-95 of 50 liters worth 330 USD. for my own money .
Case number 2-689 2010 р.
DECISION
NAME OF UKRAINE
June 16, 2010. Rail District Court of the city:
Grischuk in presiding stock VO
Secretaries at Freydun AM
considered in open court in Lviv case on the merits to OSOBA_1 LLC "Alliance Holding" the recovery of wages, compensation of lost earnings, compensation for moral damages
installed:
The plaintiff made a claim in court, charged the defendant requests unpaid wages, compensation for loss of wages due to a breach of the payments and amounts due for payment, namely hour worked, holidays and, the weekend preceding the holiday and non-working days in total in 2833 hrn.25 cop. for overtime hours worked at night in the amount of 214 hrn.22 cop. for the full unpaid extra hour worked at night in the sum of 80 hrn.79 cop., for unpaid extra hour worked evenings in the amount of 44 hrn.96 cop. not paid a monthly bonus number 1 "Standards of work stations in the amount of 250 USD., compensation costs for gasoline A-95 of 50 liters purchased own funds in connection with official business trips of $ 330 USD., compensation for work in hazardous working conditions at the time worked in the amount of 433 hrn.91 cop., extra charge for combining professional cleaners without relief from the post of principal of $ 1084 USD. 84 kopecks., illegal deductions from wages worth 313 hrn.24 cop., monetary compensation for annual leave of 24 calendar days of $ 576 USD. 86 kopecks., The difference between paid and unpaid severance of $ 455.82 USD., Compensation for loss of wages because of a breach of the salary payment of $ 1985 USD. 38 kopecks., Expenses of $ 250 USD. to conduct private audits of payroll and identifying appropriate amounts not paid, the cost of sending mail correspondence addressed to the defendant and state law enforcement agencies submitting applications by fax machine, telephone conversations with defendant, copier paper, envelopes of $ 80 USD .53 cop., reimbursement of moral (non) 50 000 USD damage., arguing that the defendant worked as a cashier at the gas station trade halls K6221 (right) s.Sokilnyky Pustomytivsky district, Lviv region. salary in accordance with staffing for an additional 20% and 35% of salary for each hour in the evening and night (respectively) time. Also, this order was established the following monthly premiums: the attitude toward property and compliance with company standards availability of fuel, related products, property, gas stations, for timeliness and quality of work procedures.
In order to read only, from 19.05.2008 provisions of rewarding workers of "Alliance Holding" was not ozyomlenyy. Labor and collective agreements in writing because of the defendant were not concluded. On dangerous situations and plots in my workplace respondent warned. Contracts on the individual and collective liability was signed.
Negotiations, warranties and conditions authorized officers led defendant. When you receive documents and signing statements above him were given the agreements guarantee for wage not less than 1870 USD. with all authorities. After the flow test period continued working as cashier stations trading halls K6221 (right).
From 21.09.2007 till 01.04.2008, worked under the schedule of the station with the regime of long working hours 24 hours 48 hours rest. Home change at 8.00 am. End at 8.00 am the next day. Salary was set 983 USD.
On 04.01.2008, the order of respondent was changed and treatment schedule, duration of working time 12:00 (change) from 8.00 am to 20.00 pm Iku 24 hours, 12 hours (change) from 20.00 pm to 8.00 am, 48 hours of rest. With internal labor regulations were acquainted by 20.05.2008 and to subscribe to their execution.
From the job description (version number two) was acquainted 30.08.2008
With manual order acceptance petroleum filling stations aware of 1.12.2007.
On 01/04/2008, the new salary is set in 1130 USD.
From March to May 2008 inclusive Month respondent paid the premium. Only after repeated requests written response was given that the defendant made a new decision on compensation for unpaid amounts OSOBA_2 OSOBA_2 number 1 and number 2 for all months in 2008 but by March 2008 OSOBA_2 number 1 "Standards of work stations in the amount of 250 USD. so far not paid. Further statements on this issue vidpovichem ignored.
In December 2007, without explanation defendant charged 313.24 USD. With the appropriate amount to pay the wages. What does this charge (recovery) in no way reflected in the current salary letter month for December 2007 Outstanding 313.24 USD. found a letter from current wages for December 2007. obtained by adding the advances and wages. The difference between payments due for the month of December and the actual amount of money received is 313.24 USD. Which is not reflected in the line "deduction".
On this occasion, and according to the requirements of art. 110 KZpP Ukraine has repeatedly appealed to the defendant from granting complete information about the structure of her fee with an explanation of the types of charges and costs. In response received only unsubscription defendant without reference to existing legislation
Defendant ignored statements about the absence of minimum compensation for injurious and dangerous working conditions established by 4 percent for Class 2 at the gas station according to the Decree № 554.
By raising the requirements part 2 article 5 of the Law of Ukraine "On Protection of Labor and the Labor Code ch.1p.1st.29 Ukraine this issue was ignored by the respondent and he was not subject to the Commission on labor disputes, but only provided the respondent unfounded, false-response Information on number 649 of 03.07.2008 town, which reported that the alleged certification job done and what it will be further acquainted. At the same time the defendant by order of 28.05.2008 № 502, the decision to reduce the trade halls posts cashiers at gas stations K6221 due to insecurity and improper as the gas station in this connection the decision to stop filling zoboty K6221 and Repairs to better zoboty stations. Weakness for non-payment of harmful working conditions also have permission to start work and operation of objects of "Alliance Kolding» № 668.32.07-50.50.0 and other Gospromgornadzora 21.06.2007 was issued, namely: the performance of high hazard in the operation stations, working with hazardous substances, filling nshyh cars and vehicles using Fuel oil solonok with remote control and holiday products in metal cans buyer, pouring oil into tanks of automobile tanks, maintenance of equipment in high-risk stations which used hazardous substances.
For information on certification conducted job order number 8K-OS-1477 from 22.07.2008, the defendant, without any yuperednih talks, dismissed from work due to reduced staff for a five st.40 Labor Code of Ukraine, while contradicted st.40 p.1, 44, 47, 49 Labor Code of Ukraine on 5 August 2008, the day of release, was not published properly designed employment history and information about the position, profession, qualifications and wages and work hours on the enterprise and due for payment in the amount released.
In order to prevent similar violations in person and advance poperedzhavsya respondent and relevant officials of "Alliance Holding.
27.08.2008 by, ie 22 days after the official release it was issued improperly executed employment history and reference number 666 of 05/08/2008 on the average salary for February-July 2008, not all the time. Entries in the work book untrue.
These unlawful actions of the defendant violated his rights and demands p.1 st.26 Law of Ukraine "On employment", which he, as a taxpayer registered unemployment benefits, provided special state guarantees termination of a contract initiated by the owner, job loss, the release of p.1 st.40 Labor Code, namely the status of unemployed and financial assistance for unemployment benefits.
Given the above, under applicable law violation by the respondent and guarantees wage yakiye minimum state guarantees on the following grounds:
- Violations of the requirement to pay in the holidays and, off dni.Za norm Articles 53ch.1, 67, 72, 73ch.4, 107 KZpP time actually worked on holidays and days off, weekends respondent paid double the amount. Game changes preceding the holiday and days off were reduced by one hour, and hours worked by the respondent is not paid as overtime hours. The total amount of arrears of salary for the period of 2833 is hrn.25 cop.
- The respondent violated the requirements st.st.54, ch.I 106, 108 Labor Code, st.22 Law "On labor" that the duration of the (changing) the night is shortened by one hour. It is not envisaged and internal labor regulations in the enterprise. Payment for this extra time is paid for as overtime for work in night time double the amount per hour at night (from 22.00 to 6.00 am). The total time worked for non-payment of 214.22 USD.
- Respondent did not fully accrued surcharge of 20% of salary for each hour in the evening change (from 18.00 to 22.00 hrs.), And supplement 35% of the salary for each hour of the night changes (from 0 to 6.00 h .), due to the order of the hiring of 21.09.2007, № 278-OS / 2 and the requirements of Articles 54, 108 Labor Code. Nedonarahovani extra hours at night and from 22.00 to 6.00 and from September 2007 to August 2008 is 80.79 USD. In the evening / z18.00 hr. to 22.00 hrs. / period from September 2007 to August 2008 is 44.96 USD.
Defendant in employment order from 21.09.2007, the P-OS / 2 provided the salary, which consists of base salary, according murals, extra work in the evening and night-time and monthly payments of premiums : № 1 "Standards of stations - 20% and number 2 "for complying with the availability of fuel - 13.5% of salary. Defendant violated Labor Code requirement st.97, st.2 Law of Ukraine on wages. Accrual and payment of premiums "Standards work stations" are not other incentive and compensation payments (results for the year, one-time premium for common systems and regulations) and is in the structure of wages as additional wages, remuneration for work of more established standard for labor and ingenuity and success for special working conditions (bonuses, allowances, guarantee and compensation under the law, bonuses, floor "associated with the performance of production tasks and functions).
In the month of March 2008 the defendant without acquaintance with the order arbitrarily deprived of wages, namely the premium standards of filling in the amount of 250 USD. that is part of salary.
- Defendant unreasonably refused to pay compensation for the acquisition shtrat gasoline A-95 of 50 liters worth 330 USD. for my own money . This gasoline was used to travel on their own cars from city to city Khmelnytsky on oral disposal area manager for industrial assembly station chief accountant and OSOBA_2 OSOBA_3 Vzvorotnomu direction for the needs of gas stations were delivered goods, household chemicals and other goods . No own affairs in Khmelnytsky had. Documents on the purchase of petrol filling stations were transferred to the Chief. Trips production charges were made repeatedly at the expense of businesses that are compensated by the head station. Because of his job duties "being" is not included. Respondent art. 31 violations of the Labor Code of Ukraine, who orally demanded performance is not a designated employment contract - involvement in their spare time, the use of their property (car, gasoline A-95 of 50 liters.) Transportation services for production needs and violated guarantees and compensations to the business mission embody art. 121 Labor Code, which hanovleno eligible for reimbursement and receipt of compensation called "connection with official business trips, depreciation own vehicle.
- Defendant blatantly violated the requirements st.st.29, 100.153 Labor Code, article 7 of the Law of Ukraine "On Protection of Labor, the CMU of 08.01.1991, № 442" On the line for certification of employment conditions for "submitting false formation of a certification of workplaces. This delays payment of monetary compensation for the harmful working conditions and guarantees in the form of extra vacation, wage, etc. It must order the defendant from 28.05.2008, № 502 of reductions in connection with the possible appearance of improper and dangerous situation as gas stations. At the same time informs the defendant that allegedly held certification of workplaces. This is not true, as any certification job povidachem did not, and work stations because of improper and dangerous situation to an end, conducted major repairs. On appeal, the consent Gosgorpromnadzora (letter of 07.10.2008 № 01/05-09.03-03/8645), chief state inspector of Lviv State inspection of industrial safety and health in the gas sector and chemical industry made unscheduled inspection stations LLC 6221 K Alliance - Holding "are in circulation (in violation of the laws of Ukraine on protection of labor), fully confirmed. Order terupravlinnya Gosgorpromnadzora in Lviv region of 29.10.2008 № 116 / 7 service stations 6221 K LLC "Alliance Holding" stopped by sealing discharge devices for petroleum fuel storage tanks.
The response to the request in writing, № 35-3 from 31.10.2008 Gospromgornadzora territorial administration in Lviv region of violations reported by the respondent legislation on health and safety failure by the leadership of "Alliance Holding" Order of 14.02.2008, № 33, which gas stations reconstruction forbidden to organize project documentation and obtaining her project findings on safety and order number 116 / 7 was from 0.2008, which prohibited the exploitation of gas stations. Not the certification job, illegality does not pay compensation for hazardous work conditions confirmed terupravlinnyam Derzhprohirnahlyadu Ukraine started nstruktsiya detected in February 2008 payments set 4% of base salary for petrol (Grade 2) from CMU / .1995 in number 554 on the list of activities and objects of high environmental risk "owner is not paid. Namely: from September 2007 to August 2008 of $ 433.91 USD.
-Vidpovidaachem violations of st.st.31 105, Labor Code, which prohibited the owner to demand performance, not the labor contract agreed. And if such work was conducted, the employees who perform the same enterprises along with his main work, the labor contract agreed, additional work at another position without the release of its substantive work accomplished by combining surcharge rate. Respondent was conducted a minimum surcharge of 10% of accrued base salary for the additional work of cleaning stations, along with the performance of the main trading hall of the cashier. In addition to his main duties carried out cleaning work on the trading hall during the repair, cleaning of public toilets with washing the bathroom using disinfectant agents, carrying out paper and debris. Executed work pryymalas variable and controlled head cashier stations, so be on the defendant to recover 1084.84 USD.
- The respondent violated the requirements of Paragraph 1 of Part 2 st.127 Labor Code, ch.I st.26 Law of Ukraine "On labor" made unlawful deductions from wages of $ 313.24 USD. , as having allegedly erroneously assessed. The defendant did not timely issued an order (order) of the incorrect payments (excess) assessed amount, due to counting errors. In reply the respondent number 649 of 03.07.2008, on the application of unlawful deductions from wages for a month in December 2007 of $ 313.24 USD. he explained that as a result of failure in the system on formation payment information error amount paid in excess payroll in the month of September 2007 the respondent with the month of September 2007 more than two months zatrymuvalas delivery settlement leaves on payroll, and therefore detect any error in calculation was not possible. This also prevented the current sheet incorrectly issued the wages per month in December. In the current sheet is not specified this amount (313.24 USD). In line maintenance. Valid reasons to recover wages that amount is non-respondent agreement on wages, which was to be 1870 USD. With all deductions (net). This wage would be maintained, subject to the respondent pay conditions specified in the application for hiring: hourly wage. Since the order of hiring the defendant presented only in May 2008 and the defendant violated this agreement and illegally nedoplatyv cash amount of $ 313.24 USD.
From above, the respondent is not paid extra for my time spent in non-working holidays and weekends and do not double the amount paid as overtime, amounting to 2833.25 USD. additionally not paid for overtime work per hour at night to double the amount of $ 214.22 USD. not fully accrued and unpaid surcharge of 20% of salary for each hour in the evening change (from 18.00 to 22.00 hrs.) amounting to USD 44.96. and supplement 35% of the salary for each hour of the night changes (from 22.00 to 6.00 hrs.) amounting to USD 80.79., the defendant arbitrarily deprived of wages, namely OSOBA_2 a "standard work stations in the amount of 250 USD. not held a refund of my expenses for purchasing gasoline at the office business trips in the amount of 330 USD. to Khmelnitsky, not held and not paid compensation for injurious conditions of $ 433.91 USD., not an extra charge for combining occupations (cleaning stations) in 10% of base salary of $ 1084.84 USD. conducted illegal and not returned deductions from wages of $ 313.24 USD ..
As a result of these arrears and to pay nedonarahuvan the fault of the defendant significantly influenced the size of payments: a) the amount of monetary compensation for unused annual leave and b) the amount of severance upon release. Namely:
- Order the following release in connection with the reduction of the number 502 of 28.05.2008, the respondent raised to a minimum and not taken any measures to mitigate the adverse effects of dismissal in connection with the reduction - has not provided annual leave. Order number 8YA-OS-1477 dated 22.07.2008 on 08.05.2008 dismissal, the defendant in advance eliminates the state guarantees the right to use vacation to recovery, improve health and to meet their own vital needs and interests. Defendant alone, ignoring the Law of Ukraine "On vacation", which determine the conditions, duration and order of their employees make a decision without the consent payment of monetary compensation for unused vacation time in 1921 instead of setting the 24 calendar days. At the time of illegal dismissal served almost 11 months and as required by Labor Code st.79 ch.I gave the right to receive full holiday duration is 24 calendar days. The right to a leave of 24 calendar days after it was a waste of 6 months. Also, the respondent violated the requirements of article 4 of the observed sequence is defined schedule of holidays, which coincided with the release of the month, ie August 2008 According to the requirements ch.ch.1 4, Article 24 of the Law of Ukraine "On vacation" and CH.4 century . Labor Code in case of dismissal paid cash compensation for any unused annual leave days but not less than 24 calendar days. Such a desire (statement) of the respondent did not receive it. A requirement for Part 2 paragraph 4 of this law st.22 deductions from wages in case of dismissal before the end of the working year is made in connection with downsizing or staff. Based on this defendant released from work when not properly charged compensation and length of annual leave. Instead of 24 compensating him for 21 calendar days. That is not paid for three calendar days.
Respondent was paid a rate of monetary compensation leave lasting 21 days and unpaid wages in full, which was 1162.77 USD.
Respondent donarahovana and Outstanding monetary compensation for the vacation of 1739.63-1162.77 = 576.86 USD.
- According to the requirements of Labor Code ch.I st.44 Ukraine severance at termination of employment agreement with specified grounds st.40 Clause 1 of the Code paid in an amount not less than the average monthly earnings. Respondent violated this provision of the Code, as the average monthly salary is 2660.82 USD. Average salary for calculating the amount of severance is determined according to the procedure number 100 - of calculation of average wages, as approved by Cabinet on 08.02.1995, № 100. To calculate the amount of assistance to eastern wages over the past two calendar months of work prior to release, divided by the number of working days that fall in this period. Received serednohodyna salary multiplied by the rate of working time in hours at 40-hour weeks Bocho being in this period.
The difference between the severance paid to the respondent and the original Help the light claim is 2660.82-2205.00 = 455.82 USD.
-At dismissal, the defendant 27.08.2008 granted on wages only for the period from February to July 2008 than the requirement violated pm 1st. Labor Code 116. Based on information in the month of August 2008 it does not work, that is false information.
Violation of Labor Code st.110 defendant brought not informing him at every payment of wages, with detailed explanations of all specified in the complaints, the types of charges, sizes and bases rahuvan and deductions from wages, accrued failure of amounts owed to the dismissal, the respondent before payment of specified sums of mixing calculated refusal and osporyuvalnyh amounts of payments made to appeal to the private audit. For the calculation of wages and settlement and dismissal of the latter were paid 250 USD.
- According to the requirements of Labor Code st.115, st.34 Law of Ukraine "On remuneration, namely:" On the compensation of revenue loss due to violation of terms of payment and order situation of workers compensation loss of wages in for violating the terms of payment approved by the Cabinet of Ministers of Ukraine was 12.1997 (as amended from 23.04.1999 № 692), the enterprises, institutions, organizations of all forms of ownership to its employees in any case, the delay of salary payment (indexed if the necessary conditions) one or more calendar months, regardless of whether this wine was otodavtsya if the time index of consumer prices and tariffs: more than one percent.
Not assessed and not paid the above statement of claim in the appropriate amount to pay for more than a month (some years) led to loss of zbitnoyi fees in connection with violation of a defendant to the payment terms are made according to the index increase consumer prices and tariffs for services. So for payment from the defendant to be USD 1985.38.
Improper actions of the defendant violated his constitutional rights. Recently intentionally inflicted moral damage, as released from work during public functions people's assessors during court proceedings. Instead of fulfilling its obligation enforced by different authorities to collect documents, refer to defend their rights in court, to seek livelihood. The defendant was aware that he had a wife - II disability group, receives a pension of $ 600 USD., Has no independent income. Currently, surgery is required.
During the period of work at the gas station K6221 Ltd Allianz Holding conscientiously work and treated the discharge of official duties. Violation of labor and production discipline for the entire period of work was not. Received praise for their diligent work in the enterprise. A response by the defendant threw it in violation of applicable law on the street. The defendant, exempting from work for alleged reduction hides the real aim, which is already dangerous situation for life and health of workers and to avoid liability for violation of labor law. After the illegal dismissal of his health condition deteriorated, lost sleep and calm his nervous breakdown occurred on the ground, which began disorder in family life. Fault of the defendant, namely the surrender of employment record and information to access the employment center can not even temporary employment to somehow pay with credit, to being in the bank. Illegal actions prejudiced defendant violated procedure when released (statement and notice number 101 of 4.08.2008 town) than deprived state guaranteed the right to sign seven-day period in the center of employment, obtain the status of unemployed and guaranteed Paragraph 1 of Article 6 of the Law of Ukraine "On Compulsory State Social Unemployment Insurance "to maintenance of the unemployment and social services, leading to considerable losses. What drafted Act of 27.08.2008, the amount of financial assistance 100% of the average wage within 60 days, USD 3600. 75% - within 90 days, USD 4050. 60% - within 90 days, USD 5400 . and 50% - over the next 210 days-6300 USD. Fault of the defendant I have not received a guaranteed state financial assistance for unemployment in the amount of USD 19 350 .. At that time the defendant spent the deduction from my payroll tax on unemployment. Lack of permanent income and lack of money reflected in the inability to buy medicines not only himself but the woman - her handicapped group, which now requires surgery. No earnings felt drawn by a failure to pay for utilities.
All The above extra effort to organize their lives. At four months of existence and maintenance of a stable family, disposable income heavy physical work, loads on the patient's back.
At trial the plaintiff sued poklykayuchys supported his motives, gave a similar explanation given, specified claim, reduces the claim to the defendant in the amount of 576 hrn.86 cop . and refused to paragraph 9 and claim from 11.11.2008r. failure of the main annual holiday in full to escape from work. At the same time under the second part of Article 31 of the CPC of Ukraine specified in the claims of workers compensation loss of wages due to violation of terms of payment approved by the Cabinet of Ministers of Ukraine dated 20.12.1997 was (as amended by number 692 23.04.1999), the subject non ninth paragraph of the statement and consideration of long-term claim on the merits specified item of the statement in 1911 the amount subject to payment of a salary do not crediting additional amounts, namely: the amount nedonarahovanoyi wages for August 2008. decreases from 1191 hrn.94 cop. hrn.86 worth 576 kopecks. and correction of arithmetic errors is 585 hrn.45 cop. Total amount subject to payment in paragraph 11 of the statement without taking into account inflation index 2010r.r 2007. is: 207.19 + 693.36 + 355.36 + 798.11 + 481.87 + 379.03 + 732.56 + 450.12 + 557.06 + 392.51 + 408.40 + 585.45 = 6041 hrn.02 cop. Urahuvavshy inflation index for 2007 - 2010 years published in official publications of the government numbers "Governmental Courier" is 47 percent. After calculating the total amount subject to indexation inflation index for the years 2007-2010 : 6047 hrn.02 cop. x 47% = 2839 hrn.28 cop. in the rest of the action satisfy requests.
The representative of the defendant in court action is not recognized and explained that the petitioner claims that the fault of the defendant with him were concluded employment contracts and collective, not acquainted with the provisions of his bonus. In accordance with Article 12 of the Labor Code of Ukraine: "The collective agreement concluded between the owner or authorized body (person) on the one hand, and the primary trade union organizations, acting pursuant to its statutes and in case of their absence - representatives freely elected in the general meeting of employees or their authorized agencies, on the other side. " One form of signing a contract employee a written declaration of acceptance of his work at a head position and resolution adopting an employee to a position with salaries under staffing is in accordance with Article 23 of the Labor Code of Ukraine, the employment contract of unlimited duration, and The situation is a bonus at the gas station and can be read at any time.
Can not agree with plaintiff's assertion that he is not acquainted with the dangerous situation in his workplace and defendant claims violations of Part 2 of Article 5 of the Law of Ukraine "On Protection of Labor and Part 1 Article 29 Ukraine Labor Code which states:" Prior to employment for prisoners contract owner or its authorized body shall: "the employee explained his rights and obligations under the bill and inform about the conditions, the presence in the workplace, where it will work, dangerous and harmful production factors that have not yet resolved, and possible consequences of their impact on health, their rights to benefits and compensation for work in such conditions in accordance with applicable law and collective agreement, but without the instruction and the relevant tests during probation officer is not allowed to work, especially on petrol stations, in addition to job description, which plaintiff refused to sign, for which he should be dismissed, precisely painted his duties. These are the official notes OSOBA_3 accountant and specialist staff on informing employees OSOBA_4 stations from 6221. Sokolniki of conditions and procedure for recruitment to the LLP "Alliance Holding". All documents referred to by the plaintiff, located at the gas station and they may wish to review every employee, whether plaintiff considers himself a special person, which is necessary to request review with documents. plaintiff refers, but does not confirm anything more than that for admission to employ him guaranteed salaries of $ 1870 USD, as he put it "'clean", but it must strengthen the relevant written evidence or separately signed an employment agreement (contract ). wage set rozkladom.U staff statement of September 21, 2007 petitioner requests to employ as cashier trading hall with salaries under staffing, the order of 21 September 2007 № 279-OS / 2, claimant was hired as cashier trading hall of salaries according to staff. The specific amount of resolutions on the statement of the claimant is not indicated. The plaintiff refers to the fact that during March, April and May month of 2008 without any explanation the defendant not to pay him the prize number 1 and 2.
Article 139 Labor Code of Ukraine provides: "Employees must work honestly and fairly, promptly and accurately follow instructions from the owner or his authorized body, to keep labor and technological discipline, the requirements of regulations on labor protection, carefully treat the property owner, which concluded Labor contract.
Between work as cashier trading room to the claimant were concerns regarding labor discipline, performance of his duties under official instructions, etc., for refusal to sign the job description and return it with your comments, in addition petitioner was leaving training and instruction on health and refused to take the test, which led to the fact that he was dismissed for redundancy. In addition, poor assessment of the plaintiff was the result of its reduction. The plaintiff claims that he faithfully performed its work and get the rewards he guide the company, but does not confirm the words of proof, while there is evidence that he was suspended from work, received a reprimand.
It should say that the prize does not belong to the category of wages, it is not regulated by the Labor Code of Ukraine, or the Law of Ukraine "On wages, as governed by collective agreements and other acts of the companies in this particular case the payment of premiums subject to the provisions of the bonus from October 1 2007 and the Regulations on the prize "for timeliness and quality of the standard procedures of filling stations from October 1, 2007. We believe that the claims of the claimant not to pay him bonuses in the period specified by it baseless. Wages are charged according to staffing vyplachuvalasya claimant in full.
The plaintiff refers to the fact that the respondent in December 2007 313.24 USD arbitrarily stripped of wages. As perceived from the current sheet of the claimant in December 2007, number 581 Scheduled: salary / rate a 035.98 USD, extra charge for more time urochnyy 52.98 rate, surcharge per night rate 123.61, extra charge for evenings 32.96 rate, a standard premium of USD 207.20 stations, 2 Standard Award availability of fuel and related 130.86 USD, 1592.59 USD total charged, including hold: Pension Fund 23.33 rate, unemployment rate USD 7.96, social insurance 15.93 USD, the profit tax of individuals UAH 231.81, 279.03 USD total hold and belongs to a payment of USD 313.56, paid a 218.81 USD. December 12, 2007 727.79 USD for November, in December 2007 491.02 UAH, now on duty at end of 509.30 USD. As plaintiff narahuvav 313.24 USD retention is not known. In response to a complaint the plaintiff the defendant his letter dated July 3, 2008 № 649 reported: "In October 2007, due to system failure in the formation of your payment details. You were mistakenly paid amount that exceeds your accrued salary for the month of September. As you not immediately reported exceeds the amount paid by you, this error was discovered and the appropriate images included in payment of wages for December month.
The statement of claim the plaintiff said that the defendant without any negotiations with him, released him from work for the reduction in violation of regulations, but the decision of the Railroad District Court of Lviv on April 8, 2009 in the case № 2-1151/2009 plaintiff was updated on work and was reimbursed 17 000.56 USD, average monthly earnings for forced absence, and 1 000 moral damages, so this part of the claim is fully satisfied with the plaintiff and the calculations. This issue is resolved and raise it again no reason to believe.
The plaintiff accuses the defendant that it violates the requirement of labor on weekends, holidays and night and night day, as stipulated in the Law of Ukraine "On wages and in the Labor Code of Ukraine and nedoplatyv his work at night and evening.
In accordance with Article 58 of the Labor Code of Ukraine on gas station introduced a variable form of the procedure established by internal regulations, so that work at gas stations is continuously valid and in accordance with Article 61 Ukraine Labor Code introduced the final track time does not exceed the normal number of working hours.
In response to a complaint the plaintiff the defendant his letter dated July 3, 2008 number 649 said: "Working in the evening and night Golina paid according to legal norms on the basis of information actually vidroblenyy time. Surcharge for work in the evening and night hours you accrue monthly in 20 vidroblenyy% during the evening time (from 18.00 to 22.000) and 35% of the time vidroblenyy at night (from 22.00 to 06.00). A detailed calculation for this type of settlement charges reflected in the letters that station staff after receiving monthly salaries . Also, at your request all your calculation sheets for the period from September 2007 to April 2008 were re-sent to you June 6, 2008 letter to number 543.
According to current leaf plaintiff month for February 2008, number 581 Scheduled: salary / rate UAH 901.08, additional payment for work on holidays (weekends) 84.84 rate, additional payment for work at night 107.53 USD, extra pay for work in the evening USD 28.67, a premium standard of work stations USD 180.22, 2 Standard Award availability of fuel and related UAH 121.65, premium savings for household goods 4.27 rate, wage indexation 46.84 USD, 117.95 USD Life Insurance , credited with a rate 592.74, USD 386.29 hold, belongs to a payment of USD 206.45, paid a USD 390.70, now on duty at end of 812.31 USD. In response to a complaint the plaintiff the defendant his letter dated July 3, 2008 № 649 the claimant reported that in September - December 2007 holiday season was not as payment for work on holidays not done. This proves unfounded claims in this part of the claim.
Can not agree with plaintiff's request that respondent violated the requirements of laws and regulations regarding payments to the plaintiff for the work in the holidays, weekends and evenings, but again see calculation sheets for the entire period of the claimant, which again clearly defined that his payment for work carried out in the holidays, weekends, evening and night. In the calculation sheets, as reported by the respondent claimant letter number 543 dated 06 June 2008, which fully shows all information about wages, also reported that additional payment for work in the evening and night hours is conducted under the laws of Ukraine, respectively 20 and 35 percent for hours worked, in addition to the enterprise the situation on the labor "of 03 September 2007. Therefore assumptions about the defendant underpayment it processed more than normal hours is groundless.
Considers unfounded claims of the claimant of compensation value of 50 liters of fuel, which he spent during a visit to Khmelnitsky, allegedly spoken by Smirnova disposal manager for a production meeting OSOBA_2 station chief and that such visits were carried out repeatedly. But there are appropriate rules for renting their own car (lease), the order to travel using their own vehicles and cure of spent fuel or its value, if no such documents, the plaintiff's claims are unfounded.
The plaintiff accused the defendant of violating the requirements of Articles 31 and 105 of the Labor Code of Ukraine, namely bringing it to perform work concurrently, cleaning commercial facilities during the repair, cleaning toilets, take out paper and debris. Such circumstances are not confirmed by any evidence, and keeping a job which gives the opportunity to work and receive wages in clean and proper order of rule of internal order and job description, that the plaintiff did not sign.
Article from the Labor Code of Ukraine provides: "The owner or authorized body shall not require the employee doing the job, not the resulting employment contract. But Again, the claimant is no concurrent work, including his duties temporarily absent employee does not do. When you work concurrently on the same company issued the relevant order, stating that the work done concurrently and the payment for such work, such order was not and is not and there was no combining.
Cashier job description for the trading room provided for duties including employee observe cleanliness and order at the gas station, though the plaintiff refused to sign these instructions.
The statement of claim the plaintiff accuses the defendant that he did not vplatyv compensation for unused vacation in accordance with the Law of Ukraine on vacation. The Act provided for in Article 6 of the annual leave of at least 24 calendar days worked per working year, that is two days per month. The plaintiff was hired September 21, 2007 and redundant August 5, 2008, that after working 10 months and 15 days, respectively, belonged to leave him in amount of 21 calendar days, so his demands for compensation for 24 calendar days leave without foundation. Article 10 of the Law of Ukraine "On vacation" provided the employee the right to get a vacation after six months of continuous work at the plant, but not the obligation of the employer to provide a vacation after six months.
The plaintiff accuses the defendant in delay compensation for hazardous working conditions, recalling laws and regulations.
Can not agree with this requirement the claimant on payment to him for bad working conditions. In case № 2-1369/09 is concluded. Examinations for certification as a job of working conditions in OOO "Alliance Holding" Main Department of Labour and Social Welfare Administration chief Khmelnytsky Oblast State expert on conditions in Brussels OSOBA_5 This conclusion states that benefits and compensation provided by law results of certification are not available, and in conclusion, Mr. 4.2 - additional holiday is granted, Mr. 4.3. "According to art. 100 KZpP Ukraine surcharge to the tariff rates to employees of enterprises, as compensation for work in hazardous conditions, after the certification is provided. Hence plaintiff against harmful working conditions and compensation are groundless.
Requires the plaintiff to recover from the defendant 50 000 USD moral (non) damages, arguing that it unlawful dismissal deteriorated state of health, lost sleep and was a quiet nervous breakdown, began disorder in family life. But the decision of the Railroad District Court of Lviv on April 8, 2009 in the case № 2-1151/2009 plaintiff was updated at work and was refunded 000.56 USD 1917 average monthly earnings for the forced absence and 1 000 moral damages, which he was transferred, that the said plaintiff considered ivyrishene question. Demanding compensation for moral (non) damages the plaintiff is no evidence this requirement is not confirmed.
In paragraph 5 of the Supreme Court of Ukraine on March 31, 1995 number 4 on the court practice in cases of compensation for moral (non-financial) damage with alterations and additions noted: "According to the general grounds liability compulsory elucidation in solving the dispute over compensation for moral (non-financial) damage are: the presence of such damage, acts of unlawfulness zapodiyuvana, the presence of a causal connection between harm and unlawful acts and zapodiyuvana last fault in causing it. The Court, in particular, should find out what is confirmed fact causing the plaintiff moral or physical suffering or loss of non-property nature, circumstances, or which actions (inaction), they have caused ... "and such evidence is not navodyt.Tomu plaintiff, plaintiff believes that the requirement of compensation for moral (non) damage in $ 50 000 is groundless and it has no causal connection with the claim and subject to rejection.
The plaintiff believes that the violation of labor discipline, making baseless claims, using what are people's assessors Appeals Court of Lviv region it can not be dismissed from employment and unlawful actions of plaintiff to the defendant can not respond.
In accordance with Part 4 of article 72 of the Law of Ukraine "On the Judicial System of Ukraine": "people's assessors or discharge a juror from work or transfer to another job without his consent during the performance of duties in court and duties on grounds of national judge or jury considered a gross violation of labor law and entails the responsibility by law those responsible. "
That can not dismiss people's assessors to work when he is involved in the criminal trial, such involvement in accordance with Part 1 of Article 71 of this Law is: "People's assessors involved in the administration of justice in order of priority for a term not exceeding one month per year unless an extension of this period due to the need to end the trial, started for their participation. People's assessors in the administration of justice specialized courts not participate. After each trial judge granted a national certificate of his participation as a national judge in the criminal trial for bringing it to the place of such information the plaintiff not filed because the employer became suspicious about possible truancy plaintiff. Furthermore, when plaintiff began supervisor to explain why he did not go out to work, plaintiff pozvonyv by cell phone to an unknown party leader, and handed the phone and heard the chief threat of responsibility.
After hearing plaintiff Having studied the case, the court finds that the claim is subject to partial satisfaction of the following reasons.
For explanations of the parties in court, in addition copies of orders / a.s.28 / OSOBA_1 shows that labor relations in OOO "Alliance Holding" from 21.09.2007 year of trading halls as cashier stations K6221 (right) s.Sokilnyky Pustomytivsky District Lviv region. salary in accordance with staffing for an additional 20% and 35% of salary for each hour in the evening and night (respectively) time. Also, this order was established the following monthly premiums: the attitude toward property and compliance with company standards availability of fuel, related products, property, gas stations, for timeliness and quality of work procedures.
According to art. 1953 Labor Code of Ukraine before holidays and holidays (Article 73) the duration of the employees, except employees referred to in Article 51 of the Code, reduced by one hour at a five-day, and at six-day workweek.
According to Art. 1967 Labor Code of Ukraine to the five-day work week employees are two weekend days a week and at six-day work week - a day off.
General holiday is Sunday. The second weekend in a five-day weeks, if not by law, is defined schedule enterprises, institutions, organizations, coordinated with the elected body of primary trade union organizations (trade union representative) enterprises, institutions, organizations, and usually must be consecutive with the general holiday.
Where a holiday or day off (Article 73) coincides with the holiday, day off moved to the next holiday or after work any more.
According to art. 72 Ukraine Labor Code in weekend work may be offset, by agreement, providing another day of rest in cash or in double size.
Payment for work on rest day is calculated by the rules of Article 107 of the Code.
Explanations for the plaintiff in court by the respondent is not paid extra hour worked, holidays, and weekends off, the respondent indicated not refuted, so that the amount owed according to the calculations is 2833.25 USD. and overtime work for an hour at night in the amount of 214.22 USD. without surcharge paid 20% of salary for each hour in the evening changes in the amount of USD 44.96., supplement and 35% of the salary for each hour of work night changes in the amount of 80.79 USD. subject to recovery from the defendant.
In court also found that defendant paid the plaintiff does not award "Standards of work stations in the amount of 250 USD. and not refunded the cost of buying gasoline in connection "with the communications business trip in Khmelnitsky of $ 330 USD. so specified the amount of debt to be collected in favor of the plaintiff.
According to the Labor Code of Ukraine st.100 hard work, in jobs with hazardous and dangerous working conditions, activities of special natural geographical and geological conditions and terms of increased health risk determined increased wages. A list of such works is determined by the Cabinet of Ministers of Ukraine.
For explanation of court plaintiff, he was not held and not paid compensation for injurious conditions, respondent presented no proof to the contrary, so that the amount owed according to the calculations is 433, 91 USD. recoverable in favor of the plaintiff.
According to art. KZpUkrayiny 105 employees who perform the same enterprise, institution, organization along with his main work, the labor contract agreed, additional work at another profession (title) or temporarily absent employee's duties without the release of its substantive work accomplished by supplement overlapping professions (posts) or duties temporarily absent employee.
Sizes extra overlapping professions (posts) or duties temporarily absent employee determined under the conditions stipulated in the collective dohovori.91 USD. recoverable in favor of the plaintiff.
For explanation of court plaintiff, he was carried no minimum surcharge of 10% of accrued base salary for performing additional work cleaning stations, along with the performance of the main cashier of the trade area. In addition to his main duties carried out cleaning work on the trading hall during the repair, cleaning of public toilets with washing the bathroom using disinfectant agents, carrying out paper and debris. Executed work pryymalas variable head cashier and controlled stations, which in fact is not denied in court and the representative of the defendant to the plaintiff therefore subject to penalties pursuant to the calculation of the amount of 1084.84 USD. And held nepovernute and deductions from the claimant in the amount of 313 24 USD.
According to art. 1944 Labor Code of Ukraine to the Termination of Employment on the grounds specified in paragraph 6 of Article 36 and paragraphs 1, 2 and 6 of Article 40 of this Code, an employee paid severance in the amount not less than the average monthly salary in the event of appeal or entry into military service, referral of alternative (civilian) service (article 36 paragraph 3) - in the amount of two minimum wages, the violation of the owner or authorized body of labor legislation, or collective employment contract (Articles 38 and 39) - in the amount stipulated by collective agreement, but at least three months' average earnings.
For explanation of the plaintiff in court is the difference between the severance paid to the respondent and the original Help with the requirements of the law is 455.82 USD. Hence the amount to be levied in favor of the plaintiff.
According st.115 Labor Code, st.34 Law of Ukraine "On remuneration, namely:" On the Compensation for loss of income due to violation of terms of payment and Regulations on compensation of employees lost wages in connection ' connection with the violation of terms of payment approved by the Cabinet of Ministers of Ukraine was 12.1997 (as amended from 23.04.1999 № 692), the enterprises, institutions, organizations of all forms of ownership to its employees in any case of delayed payment of wages (indexed if the necessary conditions) one or more calendar months, regardless of whether this wine was otodavtsya if the time index of consumer prices and tariffs: more than one percent.
In the court found that no accrued and unpaid to the above statement of claim to the appropriate payment amount for more than month led to the loss of zbitnoyi fees in connection with violation of its terms of payment by the respondent, which is made according to the index increase consumer prices and tariffs for services, so to recover from the defendant according to the calculations shall be USD 2839.28.
As compensation for moral damages, the court finds that plaintiff unlawful actions of the defendant inflicted moral damage, but in this part of the claim is subject to partial satisfaction of the following reasons.
P ri determining the amount of moral damages the court is based on the nature and extent of suffering (physical, emotional, mental), suffered by the plaintiff, the nature of intangible losses (their duration, the possibility of recovery) and subject to other circumstances, namely that the plaintiff did not give evidence that would have showed significant amounts of moral and physical suffering, because the court finds the need to recover moral damages in the amount of USD 1000., for exactly the same amount the court considers it caused moral damage.
Zadovolyuyuchy lawsuit charges the court with the defendant to the plaintiff hrn.ponesenyh 80.53 court costs in favor of the state in 1951 USD. government taxes and 120 USD. costs of maintenance proceedings, and only 171 USD .
Following art. 10,11,88,209,212,214-215,>218 CPC of Ukraine, Article 16 Civil Code of Ukraine,
decided:
Action satisfy part.
Recover with LLP "Alliance Holding" in favor OSOBA_1 8353 USD. 98 kopecks. damage, USD 1000. moral damages, and only 9353 USD. 98 kopecks. and in favor of the state 171 USD. legal costs of the case.
The rest of the claim to deny.
Notice of appeal court's decision may be filed within ten days after the declaration decision. Appeal the court's decision is filed within twenty days after submission of appeal.
Judge:
Original decision.
http://www.reyestr.court.>gov.uaReview/10383626
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