“To Resist Such A Company Is Hard”: A Former Employee Of Rambler&Co Said About The Trial After His Dismissal

The article on Medium Kanygin told how they got into the Rambler&Co after leaving eliminated in 2013 the RIA Novosti news Agency. Studio infographic, which worked Kanygin, was transferred to the holding company Afisha-Rambler-SUP”. “In early March we signed a job offer and almost all the members had to go to a new place in April 2014,” writes Kanygin. The author says that from April to December 2014, the Studio has produced infographics for the championship.kom.

After jumps in the exchange rate at the end of 2014, the management of the Rambler&Co, according to kanygina, began to think about how to cut costs, and one-third of the Studio, including Director Pavel Rustling got laid. In the next three months (January-February-March 2015) our Department steadily declined. Went all 3D modelers, several designers, creative Director. The volume of work is also greatly reduced.

So, in 2015 the championship.com not ordered from us any infographics. This was due to the fact that “the Rambler” passed by the so-called self-financing, and now each holding structure was like a separate unit. And if you want to use the services of other units of the holding, then you are obliged to pay her. “Championship” decided to save.

Kanygin writes that in the beginning of April 2015 it has caused a new head of the Studio Vasily Shihachevsky and told about the planned reduction — he explained that “the Studio was a little tasks hence little money, therefore, it is necessary to reduce staff further,”. Chief of staff Natalia Golovashkina, according to kanygina, asked him to sign the contract on agreement of the parties, involves receiving two salaries. The author quotes the words of Golovashkina.

“Actually, we are few who offer such great conditions”. Since the process of reduction I went just a year ago, RIA Novosti, I knew that by law, first written under the painting to notify the employee two months before the planned reductions after two months termination pay in the amount of two months salary, plus money for unused vacation, and if within two weeks after the dismissal, the employee went to the labour exchange and have not found a job within a month, the employer was obliged to pay another monthly salary. Total salary for five months.

Kanygin suggested Golovashkina to agree on the payment of three salaries and leave. After that, according to the author, he offered to pay the salary for two months and two weeks, which will have to work — “that is, in fact, nothing has changed, just that the dismissal was postponed for two weeks”. When Kanygin said that three months is his final requirement, the personnel Department was asked to explain tardiness and absence from work on certain days.

There is need to explain the specifics of and specifics of accounting of working time.

First, in any media journalists and editors do not work from bell to bell, this is not a factory. No one comes to work at 10 and leaves at exactly seven. If so, let me know, I will consider. It happens that one day you sit at work for 12 hours or more, because the blockage and the other to you this morning in the editorial to do absolutely nothing and you can come back later.

On the third day you could even go for an editorial job. The management of all publications understands and turns a blind eye — its called “irregular working hours”, but formally in the employment contract working hours are strictly fixed. Second, in the “Rambler” was quite a specific system of accounting of working time. At the entrance to the building stood the turnstiles through which could pass only attach your magnetic pass and strictly one by one. But directly to my work place was on the fourth floor and go to the floor, also need to make a pass at the door.

But the caveat is that when the Elevator brings you to the fourth floor, you are not alone, and you lot — all have on the fourth, pass applies a one. He opens the door, and all go. So it turned out that the accounting was conducted by the first reader at the bottom of that individual, and the second — which group. Of course, I didnt know about it. Their arguments I have outlined in the explanatory Memorandum, but who they were interested in, though.

On kanygina, he said, was disciplined, and then he began to look for a new job, observing formal visiting hours workplace. Further, according to him.

The guide began to give him the “impossible task” to find a formal reason for the dismissal. Impossible tasks — these are tasks where the task itself is extremely blurred, and acceptance of the work is extremely subjective and is in the plane of “like — dislike”. Well, for example, such a task. To write a text greeting card to the birthday of one of the partners of the holding.

I mean, really — editor of infographics rather big salary is used by the company to fulfill the task, can perform just about any personal assistant. Of course, the text of this postcard, the leadership never liked and could not like. These tasks, says Kanygin was a lot he began to fail, “because, for example, came the order “one card to Ivan Ivanovich for printing and one for him, but to send e-mail. For email I made, and to print no, but they are two different tasks, so one is not fulfilled”.

Kanygin wrote statements to the labour Inspectorate and the Prosecutors office — but the answer did not receive. However, the statement on the website of the labour Inspectorate saw another employee of the holding company, faced with similar problems. She contacted Kanygin and said that such employees quite a lot. To bring information to the public, Kanygin sent anonymous letters to the editors of two editions, vc.ru and “Roy.“.

Both responded with publications. According to kanygina, his leadership, apparently, noticed these materials and “quiet — flow “impossible tasks” stopped. However, the new job did not look for, and the corn in the eyes of management “Rambler” because of my presence increased, and in November they returned to action. At me have again started to roll in those “impossible” tasks, and in view of the approaching New year, I was doing what made up all sorts of new year greetings to employees, customers, partners, cleaners of the company and corporate cat.

18 Nov 2015 Kanygin was ill, but went to the office after lunch he went to the clinic and got sick for three weeks. After work Kanygin found that delayed timing in their task — “the company felt that I obviously had to work at the hospital, and since I havent done the work, it is a violation of the employment contract”. In the end, 24 Dec 2015 I was given this is such a wonderful document that as of December 28, I was fired.

Please note the first paragraph “to recognize the causes of failure of duties disrespectful”. Theyre about sick leave. Total.

In April I was offered twice my salary, I asked for three; the law should be five, and I in fact received eight. Hi-efficient managers “Rambler”. After the dismissal and after the Christmas holidays kanygina lawyer filed a complaint and sent it to the court at the place of residence.

Here it is necessary to say a few words about the Russian judicial system. The consideration of such disputes are the responsibility of my civil records district courts, which is little more than a fully filled up with different kinds of lawsuits. For the recovery of debts of claims to the insurance companies about collecting of the alimony. In General, cases the judges enough. And despite the fact that the law of the case should be considered within a month, in fact, the process can be very lengthy.

I wont bore you with the details, except to say that my case is the court of the place of residence shall not have received, had to re-apply to the court at the defendants domicile. In the end, only a preliminary hearing was scheduled for the end of may, after five (!) months. At a preliminary meeting one of the representatives of “Rambler” has not appeared, and already the first full meeting was scheduled for 22 June — anniversary of Nazi Germany attacked the Soviet Union.

22 June, the representative of the Rambler&Co, according to kanygina, told the court that the company fired the employee, allegedly because he refused to perform work. The judge postponed consideration of the merits at the next meeting, which was held on 20 July 2016. At this meeting Kanygin, defense counsel and the Prosecutor could not come, what was stated in court. The lawyer filed a motion to transfer the case “in the office without it getting confirmed.

26 Jul Kanygin learned through counsel that the matter was considered — “without us, without considering the petition for transfer. At the trial, according to the author, there was no one but the representative of the Rambler&Co. The court decided to deny a claim. Kanygin says he and his attorney are unable to obtain from the court the text of the decision, “while it is unclear why the case was considered in the presence of a petition to transfer, but plans to appeal.

Why I wrote all this: To resist the company, especially as big as “the Rambler”, is hard enough. There are a lot of nuances, for example, I cannot bring as witnesses people who were also fired from the “Rambler,” because, de jure, we worked in different companies.

For example, I worked in the company “Rambler” and the other person worked in the company “Rambler Internet holding”, and the third in OOO Lenta. Therefore, I would like to give this story some publicity. In the end, there was never anything else, except to tell people the truth. The last time the publicity helped me.

May help this. And most importantly. I have no doubt that in my place will be someone who right now is working in “the Rambler”.

If this person will need any help he can contact me for advice. ***. Edition vc.ru received comments from representatives of the Rambler&Co.

In fact, speech about reduction of the staff was not. The employee was dismissed by the employer on the basis of p. 5 St. 81 TK the Russian Federation for “repeated failure by the employee without good reason, job duties if it has disciplinary punishment”. Given that this provision of the law, as is evident from its content, allows you to fire an employee after committing a second disciplinary offense, and in this case the worker was dismissed after making the fifth violation of labor discipline, in the presence of four outstanding disciplinary sanctions for past misconduct, it is clear that the employer had shown the utmost loyalty to the employee and tried to resolve the situation without resorting to extreme measures.

The fact that neither the labour Inspectorate nor the Prosecutor, nor the court authorities, in many cases becoming to the employee in such disputes — not found the bases for a presentation to the employer of any claim in connection with this dismissal confirms the legality of the actions of the employer.

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