To the editor MV inhabitant of Melitopol with a complaint against a cafe
Natalia Dzhemilev says that her minor (17 years old) daughter Christina during the summer vacation decided to earn a little money, and therefore informally settled in a cafe “Fleur de Lis” as a waitress. Indeed, for the shift (from 8.00 to 22.00) she promised to pay a decent amount – 400 UAH. A lot of earnings for a teenager.
The management of the establishments explained to the girl that take it for a trial period, so to say for training. According to Christina, she announced the dates of training – two days, and then, after assessing the abilities and skills of a new employee, the management will make a decision about her employment.
And here is the girl, according to her, worked in the cafe from 3 to 24 August. And when came payday, she approached the receptionist and asked for a salary. However, the administrator behaved aggressively kicked the girl in the back and said that the salary she “shines”.
Christina looked upset when he came home and told the situation of the mother. And she decided not to leave the rudeness unpunished, appealed to journalists to cover the situation.
Natalia Dzhemilev appealed to the tax office where they are forwarded to the Department of labor and social protection of population for the compilation of the statement on the employer.
Journalists MV met with the leaders cafe “Fleur de Lis”.
– The girl interned we have only four and a half days in a month (not consecutive) that constantly call in sick, so we told her that she was not suitable for us, – explains the situation on his part, the administrator of an institution Olga. When she came to us, he said that she was 18 years old.
Passport and medical book of Christina, the administrator was not interested. In response to our question about whether the passport before accepting a job, the administrator said that the identity document is verified only before issuing an employee. And internship is not mandatory. The same situation with a medical book. Administrator Olga explained that Christine not to spend money on medical books, asked the leadership of the cafe at the time of the internship to take her without medknizhki. And later, when the girl already starts to work (not internship), we will arrange it. Leadership the school has made concessions and agreed.
How should the law draw on the work of underage employees
With an underage employee, the employer must enter into a written employment agreement that expressly provided for paragraph 5 of part 1 of article 24 of the Labor code of Ukraine. And the probationary period for minors is prohibited by part 3 of article 26 of the Labor code of Ukraine.
Article 51 of the Labor code of Ukraine for minors reduced working time, namely:
– for workers aged 16 to 18 years – 36 hours per week
– for workers aged 15 to 16 years (students aged 14 to 15 years, working during vacations) – 24 hours per week.
Considerable importance is given to the state of health of the juvenile during design at work. According to article 191 of the Labor code of Ukraine and part 2 of article 11 of Act No. 2694 all persons under 18 years are employed only after a preliminary medical examination and provide the employer with a medical conclusion about absence of contraindications for participation in the labour market.
Despite the reduction of the working day, the salary of minor employees shall be paid in the same amount as those who work full-time.
It is also worth noting that current legislation does not contain the concept of “internship” (and especially free) for employment by the employer of the employee.
In addition, the employee may not be allowed to work without concluding an employment contract. In accordance with article 26 of the Labor code of Ukraine the condition of the test must be specified in the order (a) the adoption of a person to work. The test may be conditional on the agreement of the parties at the conclusion of the employment contract to verify the employee’s compliance with the job he is entrusted. In the test period for such workers is spreading all requirements of labor legislation.
The only exception to this rule is the so-called “internship” registered unemployed (i.e. those who are registered in the employment Center). It involves training, retraining and raising of qualification of the registered unemployed. Thus, in accordance with the Procedure of training, retraining and advanced training of registered unemployed, approved by the Ministry of social policy of Ukraine, Ministry of education of Ukraine dated 31.05.2013 No. 318/655, training is improving the skills of the unemployed person to acquire practical skills and abilities to perform professional duties in a profession or office to which claims the unemployed of the employer.
Photos from the social network.