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REP Trade Union Achieves Amicable Settlement In Worker's Favor

REP Trade Union Achieves Amicable Settlement In Worker's Favor
Siarhei Lapitski

Leanid Sudalenka has defended the concrete worker.

On July 15, the independent trade union REP with the participation of the fired concrete worker Siarhei Lapitski held negotiations with the management of the branch of Mostostroi in the company's office in Homel. Leanid Sudalenka, the legal inspector of the REP trade union, who represented the trade union at the meeting, Homel Viasna says.

Concrete worker was sent on a business trip to Odintsovo (Russia) for the construction of road junction. According to the man, he was not satisfied with the working conditions. One day he left the facility and returned to Homel. Sergei claims that they worked under the burning sun of June, and the employer did not even provide them with drinking water. They had to buy expensive water at the nearest gas station at their own expense.

Upon returning home, the Homel citizen received a notice of dismissal under article 42, paragraph 7, of the Labour Code (being under the influence of alcohol during working hours and at work). With the help of the legal service of the independent trade union REP, the man who lost his job applied to the court for illegal dismissal and recovery of moral damages.

"The court practice in this category of cases is based on the mandatory medical examination of the employee. At the same time, neither witness testimony, for example, about the characteristic smell from the mouth, etc., is taken into account. In our case, instead of the examination, the employer fired the employee only on the basis of the report of the construction manager", - the trade union lawyer commented on the dismissal.

On July 12th, the Savetski district court of Homel started to consider the employee's suit. Judge Volha Belausava proposed the peaceful settlement and received the consent of both parties. The case was suspended.

"This morning at 8 a.m. we visited the enterprise administration. Apart from the director, the chief engineer and personnel officer were present at the negotiations. We agreed to change the wording of the dismissal, it was replaced by the negotiated resignation. We also withdrew our demand for moral damages, which in such cases may reach 100 rubles, regardless of the amount claimed. All the parties to the labour dispute were satisfied," - the trade union inspector summed up the results of the negotiations.

Today, the dismissed employee has sent to the court a statement to terminate the case in connection with its settlement. Leanid Sudalenka, the legal inspector of the REP trade union, says that the trade union was satisfied with the work done on the labour dispute.

Siarhei Lapitski says that he stays in the independent trade union. "Anything can happen in life, but here, in the union, I have seen real professionals," - he said.

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