Case 6 “Hairdresser at a barber shop”
- Created on 21 January 2015
Problem:
After graduating from vocational school, V. was invited to work at a barber shop where she practiced being a student. The Patroness, who invited her, told that she worked on the basis of entrepreneurial patent and agrees without an employment contract to provide a working space with the chair for client, necessary equipment, consumables retaining 50% of the incomes which will be accumulated monthly. V. agreed justifying that does not have experience and her customer base for the time being. In two months the patroness told that she will retain 60% of the salary, because she does not have clients and she had started the expenses for utilities in winter.
V. has been working another 2 months under these conditions then she called her mother to help her in negotiating easier conditions. As a result of discussions the patroness offered the last salary on the same conditions, retaining from her an amount for consumables (hair dye, shampoo etc) spent on services provided to clients for which she received payment at that time.
Solution:
According to article 3, the patent holder has no right to employ workers for entrepreneurial activity specified in the patent. And in the absence of an individual employment contract, which provides the size of salary and other guarantees, the employee is not ensured by any employer's illegal actions.
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