Human rights defender Leanid Sudalenka: “Decree No. 9 is unconstitutional”
Article 41 of the
Constitution entitles every Belarusian citizen to free choice of work. Apart
from that, according to the basic law of the country, all people are equal
before the law regardless of their property, all people have the right to a
defense in court.
"Contracted
form of employment in our country has existed for about 13 years, and during all
this time, employers have used it as a tool against dissent among employees,
for example, dismissed a worker knowing that the person does not support the
"general line." And
having the "red card", the people could not get a job. Now
the situation seems to take the opposite direction – the decree prescribes to
extend employment contracts for a maximum period, new contracts will be signed
for the period of the implementation of investment projects. Even
with the current situation, the employee was sometimes forced to commit truancy,
when he was offered a better-paid job, and the employer did not want to lose a
valuable employee. Now
the worker, having had the courage to sign a contract with this wording, can
never know the date of hits expiry," says the legal inspector.
According
to the Decree, the denial of cancellation of the contract may be appealed only with
the chairman of the executive committee. But what about the protection of
one’s rights in court? "In
the form the provision is sets out, the employee, in principle, will not be
deprived of the right to judicial review, but in conjunction with other provisions
of the Decree one may come to the conclusion that the legislature had in mind
only the “governor’s appeal.” It
is hard to imagine in what direction the practice of law will move, but today
we can safely assume that by signing this contract, the employee in court may
stumble upon a proposal to solve the problem only in the local "white
house," says Leanid Sudalenka.
He
was surprised that, according to the Decree, the workers will receive such
"carrots" as monthly payments, and they will not be included in the
salary. Is
it a legal salary in an envelope? Which
he then, upon termination of the contract, will have to return. In
case he does not, the employer will charge it in court, and recover it in a
simplified manner by defining a court order of a 3-day period. If
when retired the employee did not find other work and could not return
previously received "carrots", the court would force him to return to
his job.
"We
can find out in the very near future the way the actors in the decree will act.
The
government has 3 months, including the need to take a special resolution, which
will explain the application of the Decree," said the legal inspector.