Hard Code. We were driven into slavery

new labor code These two codes- tax and labor- people simply driven into slavery. The current Labor Code protects much better employee than the Code, pushed by “reformers”. Only adopted in the first reading the Labour Code has gained such notoriety in society that can compete even with the tax.

Almost a month Kyiv lived in a state of confrontation. First, entrepreneurs waited understanding of people’s deputies, then- appealed to the president. All this time, the opponents of the Tax Code had hoped. Although it is not believed that Viktor Yanukovych to veto the document. It happened on Tuesday, November 30 at a specially convened meeting at the Boryspil airport.

The President instructed to work until December 2 separate sections of the Tax Code. “Everything that concerns the protection of producers, businesses, wherever they are violated, in part that, in your opinion, need to change “- said President Yanukovych. Once the working group, which will include the organizers and ” Tax Maidan “, will make its changes, the president read the document and return them to the Verkhovna Rada.

Maidan deserted. Yet the men relax almighty not worth it. The Parliament is waiting for his turn Labour Code. Interestingly, in recent days, protesters have demanded not only veto the tax code, but do not take Labor. This is not surprising. After all, the tax code- a common ” problem ” only for entrepreneurs and ordinary distributors whose financial well-being depends on the success of the employer’s business. At the same time the Labour Code will build between the employer and employee rather impressive barricade. And who knows, will not lose any easy job implementer, if you decide to go back to the Maidan.

However, in Ukraine employees significantly more than entrepreneurs and sellers together. Only adopted in the first reading the Labour Code has gained such notoriety in society that can compete even with the tax.

“If the draft Labour Code will be brought before Parliament in the version in which it today want to take, you can expect new protests- says the head of the National forum of Trade Unions of Ukraine Miroslav Yakibchuk.- And these protests will be much more powerful. I must not think that people do not know what document wants to take parliament. Yes, these two codes (tax and labor- Ed.) People simply driven into slavery. The current Labor Code protects much better employee than the Code adopted in the first reading. ”

The main observation of the National Forum of Trade Unions : The bill narrows the rights and protection of interests of employees, which is prohibited by the Constitution. In particular, the new Code allows an employer to its decrees and orders to regulate the employment relationship- without the consent of employees, trade unions and the state.

In addition, companies are allowed to establish a 48- hour working week, ie, 10- and even 12-hour working day. These terms also do not need to negotiate with the unions. Especially hard employees have small businesses. If you now about the changes in the conditions of work or dismissal the employer must notify the employee within two months, according to the Labor Code- in just two weeks.

Moreover, the employer is entitled to unilaterally- without unions and trial- to determine personal financially responsible employee. Unions themselves are divided into representative and unrepresentative that the interpretation of power will mean the division of trade unions at the “right” and “wrong.”

Miroslav Yakibchuk confident that the new Labour Code paves the way for groundless dismissals endless accusations about the real or alleged damage and associated fines and deductions from wages.

” There are simply marasmic norms, for example, an employee can be fired for what he behaved inappropriately outside of work ! At the same time on their own employee can not quit. That is, the employee must only comply with the instructions manual and silent. A norm of covert surveillance staff, in particular surveillance ? Is this rule does not violate important constitutional right to personal integrity ? Not protect the employee and the court. Because our courts last for two or three years… That is, the employer actually has the unlimited right “- says Yakibchuk.

National Forum of Trade Unions formed their comments and suggestions to the Labour Code and to ensuring that they were taken into account during the consideration of the document in the second reading. “The authors of the Code- MPs, members of the richest party. They carry out the order of the oligarchs. And perform cynically- hands of former and current union leaders “- sums up the leader angrily Forum of Trade Unions.

On retrenchment of employees’ rights say not only trade unions, but lawyers. Also indicated its intention not to vote for the Communists said Labour Code.

From the rostrum of the Verkhovna Rada deputy Alla Alexander said that the bill was clearly discriminatory, “We see that it is characterized by increased rights of employers and the weakening of employees’ rights. As an example, an article on liability five articles governing the liability of the employer, and the 20- employee. ”

Consider the Labour Code in the second reading Parliament had before the end of 2010. However, a week ago, Speaker Volodymyr Lytvyn said that this year the law just does not appear.

The authors of the Labour Code- MPs ” regionals ” Vasyl Khara, Alexander Stoyan and Jaroslav Dry- in turn argue that the country is set well-prepared campaign to discredit the Labour Code. And unfold it- small business and individual unions. Business, they say, really do not want to fall under the regulation of labor relations, that is responsible for the lives of employees, their working conditions, wages and future retirement. But trade unions, according to the authors of the Code, just fighting for their place under the sun.

” Our Code specifically states that no union to dismiss, a person can not be fined. If the union against the employer will have to go to court. But in the Soviet Union was only one trade, and now a lot of them. And often the union include ” I, my wife and godfather “- explains his position one of the authors of the Code, the representative of the Party of Regions Yaroslav Sukhoi.- Leaders of such unions wanted the appointment to senior positions held also in agreement with the union. We categorically rejected. Otherwise raider capture enterprise would trifling matter- ” persuade ” some union members vote one way or another is not so difficult. ”

Also, the authors of the Code are confident that long ago should increase the liability of the employee for unfair wage job or disclosure trade secrets. As for the extension of the working day or week, so this applies to businesses with a constant cycle of production or in the case of force majeure. But in the end the employee is still not run for more than 160 hours per month.

” In the present AGB nothing about the possible duration of the working day, and we often see people with red eyes and sleeping on the go. A new Code clearly states- no more than 12 hours! All extra hours are compensated in the form of compensatory time off or paid in addition. ”

of employees should gladden the norm and that for non-payment of wages in a defined time period the employer pays the fine, ie for each day the employee pays a higher rate. In general, according to Sukhoi, of any restriction of the rights of the employee are not talking. Nevertheless deny the fact that the Code expands the rights of the employer, the deputy did not. He recalled that the document was developed under the auspices of the International Labour Organization, the American and European agencies. All comments were carefully studied by the working groups, which included representati
ves of the Cabinet of Ministers, employers’ federations and trade unions.

Jaroslav Dry convinced that a market economy simply can not live according to the Labor Code, adopted in 1971. And it’s hard to argue. However, as with the fact that people have the right to go to a protest if the government takes unpopular decisions and does not seek to dialogue.

PS Incidentally, after the Labor Code of the Parliament will take up housing…

Author: Anastasia Obraztsova

Source : Ukraine Criminal