27.05.2020   

GLI: DON'T WORK WITHOUT A CONTRACT

With the upcoming start of the summer season, the recruitment of staff for the summer resort sites began.

The Executive Agency "General Labor Inspectorate" reminds that the crisis caused by the coronavirus further increases the risk of undeclared work, which is generally high in seasonal sites and in which workers' rights are not protected, according to the Inspectorate.

The Inspectorate also draws the attention of employers who illegally employ workers and employees, that they also risk losing the right to state support, as some of the requirements for providing such support are related to compliance with labor, tax and social security legislation.

Before they actually start working in their jobs, employees must require some basic documents from the employer. They must receive a copy of the employment contract signed by both parties and a copy of the notification with which it is registered with the NRA.

The employer has no right to admit to the jobs workers and employees with whom he has not concluded and has not registered in the NRA a written employment contract. The lack of registration allows the employer not to pay the due taxes and social security contributions on the salaries, from which the employees lose their insurance rights. With a personal identification code issued by the NRA, everyone can check whether his employment contract is registered.

If he wants to test their skills, the employer can sign a contract with a probationary period clause. During the probationary period, he may terminate the employment contract at any time without notice and without compensation, except for unused leave.

According to the Labor Code, the probationary period can be up to 6 months. Unless explicitly agreed otherwise, it can be used by both parties. However, if the probationary period is agreed in favor of one party, the other shall give notice of departure. Unless otherwise agreed, for a permanent employment contract the term of the notice is one month, and for a fixed-term employment contract - 3 months, but not more than the expiration of its term.

The tendency in recent years for employees to submit signals for unpaid wages, which have been agreed orally with the employer, is strengthening. In these cases, the Labor Inspectorate has no authority to deceive the employer to pay them.

Often, signals for work without an employment contract are also given by workers after they have already left their jobs. If the persons are not found to be employed, the control bodies of the Agency may not exercise their power to declare the existence of an employment relationship.

Another specific point in seasonal employment concerns the formation of the employment record. According to the Ordinance on the employment record book and length of service, the employment record book is kept by the employee. Within three days of starting work, the persons must provide it to the employer for data entry, who is obliged to return it immediately afterwards.

It is important that employees have a document from the employer that they have provided the booklet. Thus, in case of possible loss, they will be able to prove that it is his fault and he will be obliged to perform the procedure for its recovery.

The employment record book is also provided to the employer upon termination of the employment relationship, who must immediately enter the data in it and return it immediately. In case of terminated employment, the employer is obliged to provide in due time a written act for termination.

At the start of the season, the EA GLI traditionally strengthens the control of the seasonal sites in the seaside resorts, as a campaign is planned this year as well.

EA GLI reminds that in case of disagreement with the manner of exercising control by labor inspectors or in case of data on corrupt practices and employers, workers can also report to the General Labor Inspectorate. The EA GLI guarantees zero tolerance for corruption, as evidenced by the establishment of the Inspection Control Department, which performs the functions of internal audit and accordingly reviews the submitted signals. Although not legally obliged, the Agency establishes the department in order to prevent unregulated control practices. More information on reporting corruption can be found on the website of the Labor Inspectorate, in the section "Anti-corruption".