The press service of Roskachestvo told RT whether it is possible to work without an employment contract and what consequences await the employee. As the experts explained, since the employer does not formally bind itself to any relationship with the employee, it is not responsible to him. Among other things, they can fire you literally in one day without warning and not pay for work already done, experts warned.
“Official work with a “white” salary is a social guarantee for workers. The employer must pay all required taxes, and the employee, accordingly, can count on compulsory medical insurance and receiving a pension. Unofficial income does not bring any benefit in this regard, since it is not taken into account anywhere. And, by the way, the length of service does not increase either, and this is important for the same pension,” the organization explained.
There may also be difficulties with vacations and sick leave, Roskoshestvo added.
“On the one hand, there are chances to come to an amicable agreement with the employer, simply by verbally agreeing on a vacation. On the other hand, if the employer decides to violate your rights, the Labor Code will not protect them by default,” the experts said.
In addition, problems may arise with granting a loan, since in order to obtain one, you need to confirm your income level.
“Banks require a certificate from the employer with all the necessary signatures and seals. Without it, it will be very difficult to prove real income and there is a high probability that the loan will be denied,” the press service noted.
If the rights of such an employee were violated, then first of all it will be necessary to prove that he actually worked on the staff of this employer, they emphasized.
“It is important that the court recognizes the existence of an employment relationship. Business correspondence, call logs, entries in internal documents and company regulations, testimony of colleagues, and so on can be used as evidence. But this evidence is still quite fragile, because the court can take either side depending on the circumstances and the degree of reliability of the collected data,” Roskachestvo said.
It is noted that the absence of an employment contract is a violation of the employer, not the employee.
“By law, an employer must conclude an employment contract with an employee within three days after he begins to perform his duties. If this does not happen, this is the company’s mistake; if this fact is revealed, it will face a fine,” experts warned.
They advised against agreeing to unofficial work and demanding an employment contract.
“If the employer is playing for time and does not refuse, but does not complete the documents, insist or quit immediately, read all the documents carefully and make sure that everything important is indicated – salary, job responsibilities, working conditions,” the organization concluded.
Earlier, the press service of Roskachestvo explained in a conversation with RT how those who drink alcohol on the playground can be called to account. As the organization reminded, this is a direct violation of the law.
