Question: A Ukrainian lady applied for regularization and is now waiting for Prefettura UTG multifunctional counter hearing. Right after the giving in of the folder, the lady chose to quit the job being tired of the family abuses. Working relation started September 10 2002 ended up November 26 2002 because of the worker’s choice.
The first question is: what is this new situation going to bring to in terms of pardon? Which consequencies?
In the meanwhile the Ukrainian lady found a new family willing to regularly hire her as a house keeper. Other questions do of coarse raise:
1) When Prefettura hearing comes and former Lisa employer doesn’t show up, can the new employer go instead? In case he/she can go what documents are to be brought?
2) Would it be better to send to Prefettura documents showing dismissal and the new possible working relation?
3) Can the new family start regularizing and employing procedures off or they’d better wait?
Answer: This is all we know of this case, we therefore do not know for sure whether abuses the lady had to face are demonstrable. Unfortunately all stated must be demonstrated as well. We also need to consider the case the lady cannot proove of what she had to suffer and the fact that she would be treated as voluntarily dismissed or even as a person leaving the job with no real reason. It is very important to keep “all points” in mind because court will listen to both parts and will study all documents. We shall now study the case thinking that the lady can demonstrate the abuses.
In case of abuses or for example when wages are not being paid for a long time, any worker can quit the job on just cause basis, he/she is also allowed to charge employer’s violations on fundamental duties.
The first thing that needs to be done is to write dismissal down and to specify the worker’s reasons.
An example: workers need to leave the working place and to send a registered letter which reports of the reasons that brought to the dismissal of the employee.
In case the employee quits the job holding just causes no time limit must be respected, the following are just causes: sexual abuse, non legal extra-working hours, wages not being paid, etc.
We are not sure whether, according to this particular memorandum, dismissals for just cause noticed by employees allow to pds or not (this would help finding a new employer and regularization). There are instructions. Interior minister memorandum doesn’t say a word on this issue.
General labour right principles suggest that dismissals for just cause can be compared to dismissals decided by employers. In other words, when a worker resigns from a job we suppose that this is not his/her own will but that he/she is obliged to. We should then believe that this particular case needs to be compared to what minister memorandum specifically states.
It is of coarse clear that we are supposing interpretations to the memorandum, and by doing this we need to pay extra attention, on the other hand what institutions say cannot be considered the Truth. In fact in many occasions courts read laws and instructions in way that was opposite to the restrictive interpretation of laws given by politicians.
We really hope that minister of interior supplements latest instructions via taking into consideration dismissal for just cause resigned by employees. We also hope that there won’t need to start disputes off all the time with local and national administrations.