December 27, 2024
Relatives of deceased Cherekskaya hydroelectric power station builders receive right to compensation
Relatives of two workers who died during the construction of a hydroelectric power station in Kabardino-Balkaria have the right to demand compensation for damages, despite the absence of written employment contracts with the deceased.
As the ” Caucasian Knot ” reported , on December 24, the State Labor Inspectorate in Kabardino-Balkaria stated that the employer, in violation of labor laws, did not enter into written contracts with the two workers who died during the construction of the Cherek small hydroelectric power station .
On December 15, two workers died during the construction of a power plant near the village of Psygansu in the Urvansky District after a lift on a construction cradle broke and the workers fell from a height of more than 10 meters. On December 23, the Investigative Committee of the Russian Federation reported the start of an investigation under Part 3 of Article 216 of the Criminal Code of the Russian Federation.
According to the department, the facility used “a lift that had not undergone technical inspection and had faulty safety devices,” and the two workers who fell from it “were not provided with personal protective equipment.”
The situation with the lack of written employment contracts with workers in Kabardino-Balkaria was commented on to the “Caucasian Knot” by the head of the Human Rights Center of Kabardino-Balkaria Valery Khatazhukov, the lawyer of this center Zaur Shokuev and the lawyer Timur Filippov.
Salaries are received in envelopes. This is no secret to anyone
In the republic, work without a written contract and for “black cash” is widespread, Valery Khatazhukov pointed out . “There is such a practice in the republic, when people work without employment contracts, receiving wages in envelopes. There are enough such examples. I know that residents of the Zolsky district, which is close to Pyatigorsk, go there and work without any contracts or documents. They work in different areas. They receive wages in envelopes. This is no secret to anyone. There is such a practice in the republic itself, too,” he said.
At the same time, in his opinion, this problem most likely does not concern large state-owned companies. “I believe that state-owned companies try to avoid such problems and scandals. They most likely have a certain practice of concluding employment contracts so that everything is according to the law and there are no claims against them in the future,” the human rights activist noted.
Despite the fact that the practice of working without a contract is widespread in the republic, people do not approach human rights activists with such a problem, he added. “People who worked without an employment contract and needed protection of their rights did not approach us for help. We have not encountered such a topic in the course of our human rights activities,” said Khatazhukov.
The collected case materials may serve as grounds for filing a claim to court for compensation for damages.
Lawyer Zaur Shokuev advises relatives of workers who died during the construction of the Cherek hydroelectric power station to file a complaint with the labor inspectorate. “In this case, of course, relatives of the victims should file a complaint with the labor inspectorate – the body that exercises control and supervision in the labor sphere, in particular, on issues of compliance by employers with labor legislation. If, as a result of the investigation conducted by the labor inspectorate, it is established that the person actually worked at the enterprise and was injured during work, then the case can be transferred by the labor inspectorate to law enforcement agencies, and the collected case materials can serve as grounds for going to court for compensation for damages,” he said.
According to him, the employer often refers to the absence of an employment contract in order to avoid punishment. “According to the generally accepted rule, in accordance with Article 227 of the Labor Code of the Russian Federation ( “Accidents subject to investigation and accounting.” – Note from the “Caucasian Knot” ) and the “Regulation on the specifics of investigating accidents at work in certain industries and organizations,” the employer is obliged to investigate only those accidents that occurred with employees while performing their job duties in accordance with the employment contract or the employer’s instructions. This rule does not apply to employees who perform work under a civil law contract,” the lawyer said.
In this specific case, the norm of the Labor Code of the Russian Federation is applicable, according to which an agreement not formalized in writing is considered a concluded agreement if the employee began work with the knowledge or on the instructions of the employer or his authorized representative, Shokuev emphasized.
“But there are cases when an unscrupulous employer, in the absence of an employment agreement, tries to deny the fact of the existence of an employment relationship between him and the employee. And the injured party in such circumstances is not always able to prove that he was at work at the time of the accident, and in general the fact that he was engaged in labor activity at this enterprise,” the lawyer noted.
Even without a written contract, the fact of an employment relationship can be proven in court
Lawyer Timur Filippov also pointed out that even in the absence of a written employment contract, relatives of the deceased can prove the fact of employment relations between the deceased and the employer. “Despite the absence of an employment contract, relatives of the deceased can demand compensation if it is proven that the deceased were in an employment relationship with the employer. The State Labor Inspectorate must conduct an inspection to establish the fact of employment relations. Relatives can cooperate with the inspectorate by providing evidence: eyewitness accounts, correspondence, payment documents. Even without a written contract, the fact of employment relations can be proven in court. The court will consider any evidence confirming that the deceased performed work on the instructions of the employer,” he said.
In his opinion, a criminal case on violation of safety rules may serve as grounds for filing a claim for compensation for moral and material damages.
The investigator has the right to recognize the relatives of the deceased as victims in a criminal case
“The investigator has the right to recognize the relatives of the deceased as victims in a criminal case, which gives them the right to familiarize themselves with the case materials and obtain evidence. In addition, in this case, the claim of the victims can be considered within the framework of the criminal case if it is sent to court for consideration on the merits,” the lawyer noted.
Filippov also explained the difference between situations with and without an employment contract. “If there is an employment contract, the employer is responsible for the health and safety of the employee. In the event of injury or death, he is obliged to compensate for damages, including medical expenses, loss of income and moral damages. If there is no contract, then difficulties may arise with proving an employment relationship. Employers often try to evade liability by claiming that the person was not in an employment relationship with them. However, in both cases, the key aspect will be the fact of establishing an employment relationship. If this is proven, the employer is obliged to compensate for the damage, regardless of the existence of a contract,” he said.
According to the Labor Code, a person who is actually admitted to work with the knowledge or on the instructions of the employer is considered hired, even if the employment contract was not concluded in writing, the lawyer emphasized.
If the employee has started to perform his duties with the consent of the employer, then the employment relationship is considered to have arisen.
“This means that if an employee has started performing their duties with the consent of the employer, then the employment relationship is considered to have arisen, even if the employment contract has not been signed. In this case, the employee has the right to the same guarantees that are provided for by the Labor Code of the Russian Federation, including compensation in the event of injuries, accidents or death. But how can you prove the fact of admission to work: colleagues or eyewitnesses who can confirm that the person performed the work, electronic correspondence, passes to the facility, schedules, time sheets, payment receipts, safety logs, any photos or videos confirming the fact of work performed. Relatives of the deceased must contact the labor inspectorate and refer to Article 67.1 of the Labor Code of the Russian Federation, contact the district prosecutor’s office, demand that the fact of labor relations be established through the court. After the fact of labor relations is established, demand compensation for damages from the employer. Of course, if you cannot deal with this issue yourself, contact a lawyer for legal assistance,” said Timur Filippov.
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Author: Roman Kuzhev
source: “Caucasian Knot” correspondent
https://www.kavkaz-uzel.eu/articles/407039
