Case 4 “Maidservant in 2 foodstuff stores”
- Created on 21 January 2015
Problem:
M. who educates alone two children, was employed illegally working "per hour" as a maid-servant in a commercial unit and had to work in shifts. At first the employer was requested by M. to establish a working program for her in order to manage to do the same work in another nearby store. M.’s conscious and qualitative work was appreciated according to her expectations - during 3 consecutive months she received her salary in time + food packages consisting of pasta, cereals, canned, oil to which the term of validity would expire in a short time or had already expired.
M. was reconciled with this monthly "charity", which provided her family more or less with mentioned products. Believing that "the question is not to be blamed" asked the second patron if he could also offer her food packages. The second has notified the competent authorities for consumer protection declaring charitable actions of his competitor. In a short time M. was asked by one patron to leave because as he said, the quality of the cleaning services offered by Maia was not sufficient.
Solution:
According to article 86 of the Labour Code, dismissal, that is termination of the individual employment contract of unlimited duration as well as of limited duration on employer’s initiative - is allowed as well in case where it is found that the employee does not correspond to the position held or work performed as a result of insufficient qualification, but this will be confirmed by the decision of committee on certification.
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