Case 3: ”Unskilled worker in construction”
- Created on 21 January 2015
Problem:
R. agreed to work illegally at a construction company from the district as unskilled worker. Asking what monthly salary he will receive he was told that he will be paid „the same as all the other guys working in the company”. Asking the „guys”- his colleagues, also unskilled workers, he received different answers. R. worked hard waiting for the end of the month. Handing him the deserved salary the chief explained him that that month his salary was reduced by 10% than that of his colleagues, because he was going to buy him overalls on this money, that didn’t happen with the other colleagues. Discussing with his colleagues R. found out that their salaries were not reduced for buying overalls. The other colleagues used clothes brought by them every day from home.
Solution:
In accordance with article 71 of the Labour Code, undeclared work is forbidden, that is any work performed by a natural person for and under the authority of an employer not respecting the provisions of the Labour Code concerning the conclusion of the individual employment contract. However, in accordance with Health and Safety Law at work, no. 186 of the 10.07.2008, the employer is obliged to provide for free personal protective equipment for the employees, including new personal protective equipment in case of its degradation or of loss of protective qualities.
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