1) Judges and prosecutors, who are they? Criminal lawyer soul.
2) employers, criminals, or how we are robbed.
What are the penalties for labor administrative code violations?
3) The criminal offense of the employer. Faking evidence.
4) How to break up court cases? The criminal judge soul and her assistant.
5) Criminals ISP.
6) Criminals mobile operators.
7) The Contractor Web Studio on the side of the offender.
8) Employers-criminals. Labor disturbances, as the top of the iceberg.
9) Gray salary as a sign of hiding the real income of the employer-felon.
10) The illegal wiretapping of internet traffic from the ISP.
11) Love is the Secretary of the judge and the lawyer.
12) A disabled person of conscience – the chairman of the court.
13) Appeal. Petushёk among females.
Appendix: Speech in the Regional Court.
This is a real life story of how I pleaded, trying to prove that he worked, and was faced with lawlessness on the part of the judiciary and other state bodies, as well as private companies, who defended the employer-felon.
A couple of years ago, I knew a little more life and was very naive. Yes, I was faced with violations of labor legislation, working on small-scale entrepreneurs, but then I thought it was a special case, and if I go to work in a large company, then such violations: non-payment of the earned money, the lack of an employment contract, and so will not be.
Proceeding to law school, I thought that becoming a prosecutor, I’ll haul buses in the court of offending employers, where they will receive a well-deserved fines or go to jail immediately. Idealist, intoxicated dreams, not knowing life, so I was then, but nothing sobers better than life itself.
Judges and prosecutors, who are they? Criminal lawyer soul.
According to the law, to become a judge, you must work at least 5 years as a lawyer.
Young people graduating students with a degree in law and then look for a job. It turns out that without experience they never take. But vcherashenmu lucky student, and he gets a lawyer or a paralegal in a private company. And as soon as the last student got a job, he will know that this is actually a specialty “lawyer” in the company. This miserable slave who receives money expense of working people robbery, defending their lives to the one who is paying him the money, that is, the capitalist. Bonuses wage lawyer gets received as a result of a successful robbery or state employees. Lawyer is the main accomplice, a witness and a protagonist in every entrepreneur’s crimes, but in spite of his active role in the salary of the servant gray.
Grey Salary fear to sit down together with the director, or instead of, the constant fear for their lives, all three of these factors forced the lawyer to go to work in the courts and prosecutor’s office. So, if the early life of a lawyer defending security guard-chopovets submitted by the Director-thief, then working in a court or prosecutor’s office, the lawyer will defend the well-armed riot police officers or other specialized troops.
That is yesterday’s criminal lawyer of the company became a judge or prosecutor, and how do you think who to this miserable creature is loyal? Of course, to the same as it is.
When I pleaded, do not betray the values that the judge at the first meeting moved it formally, because the suit was the refined, but in fact, because a lawyer during a meeting complained that he was a new employee, and is not aware of what is happening . By law, this fact is not a cause for the transfer hearing.
Criminals-employers or rob us.
Several years ago, the earnings on the Russian freelance sites I have been very small, so I decided to find a job offline. Looking through portals with the work, I found an ad with a vacancy internet marketer with the skills that I have had. Salary promised 25 thousand and above after a trial period. Among the task, the launch of an online store and coordination of contractors.
At the beginning of the week I was given a list of tasks for a month, all of the items that I was able to perform throughout the week except for one. It was necessary to solve the problem with the integration of an online store with 1C program. Contractor Software tightened work, maybe an old version of 1C was that prevent integration. As it turned out the employer is hoped that the technical work will do an internet marketer, meaning I, although nowhere in the not spoken about this job, so I was told that I did not pass probation, and therefore dismissed.
After two weeks of waiting the money earned, I wrote in the labor inspectorate, maybe settle with me had on the day of dismissal, according to the labor law employment contract had been issued for three days, with the order of dismissal have not introduced, the reason for dismissal is not indicated. Everything listed above is a violation of 67, 71, 84, 140 articles of the Labour Code.
Labour Inspectorate said that this situation can only be solved in court, maybe, on labor inspection request the employer responded that such employee did not exist.
And for the first time in my life I went to court. Note that at that time I began to look for jobs in overseas freelancing sites and had a small income, which allowed me to spend money on a trip to the court in Irkutsk from Angarsk, maybe the employer was in Irkutsk. Otherwise I would not be able to go to court, maybe, for me and my family had no money.
I was very confident that I would win the court, maybe, thought that the fact that my work will be easy to prove, maybe, for the work week I vzaimodeystoval with lots of people.
What are the penalties for labor administrative code violations?
Referring to the article 5.27 “Violation of labor legislation and other normatinyh legal acts containing norms of labor law,” Code on administrative offenses.
In fact, all the items in this article have been violated. A total amount of the fine, which was to get the employer, was more than 100 thousand rubles. If we consider that such violations are widespread, then a second fine would have risked the sum more than 200 thousand rubles, and disqualification of officials (employees of the personnel department and a lawyer) for a period of one to three years.
And it is only the administrative penalties provided for by the legislation of the Russian Federation for violations that are massive and casual character. We are dealing not only with administrative violations and criminal, which it will go on.
The criminal offense of the employer. Faking evidence.
Humor of the situation is that the employer argued that I did not work for them, but for a job, I would sign the document “review of the Rules with the internal labor regulations” in the employment contract, the second copy of which I have promised to give out during the working week . So in a court lawyer he provided fake documents. At the hearing the lawyer the documents I do not given for reference, so I could not say about spuriousness. Only a week after the court hearing I was given the opportunity to become acquainted with the defendant’s documents. What is the statement of the internal labor regulations, which provided a lawyer to the judge?
Pathetic copy of the page painted new employees from August to September, of course, that my name was not there, maybe this page quietly withdrawn from the list. If the sheet has at least some damage in the area of the bonding sheets as possible to change the sheets, then this statement can already be considered null and void, as evidence by the employer.
Article 303 of the Criminal Code “falsification of evidence and the results of operational-investigative activity,” the first paragraph: “Falsification of evidence in a civil case, the person involved in the case or his agent” provides a fine ranging from one hundred thousand to three hundred thousand rubles, or arrest for up to four months.
Lawyer, as the representative of the employer in court, bears full criminal responsibility. But in our case, a lawyer just to avoid it, maybe the judge secretary showed unprecedented activity in this lawsuit, and judging from the behavior during the trial, was friendship or love affairs with the lawyer-felon.
How to break up court cases? The criminal judge soul and her assistant.
According to Article 181 of the Code of Civil Procedure: “Written evidence or protocols of their examination, drawn up in the cases provided for in Articles 62, 64, paragraphs 10, part one of Article 150 of this Code, shall be announced in the court session and to be presented to the persons participating in the case, their representatives, and where necessary, witnesses, experts, specialists. After that, the person involved in the case could give an explanation ”
During the trial the defendant any documents and copies of them I have not been charged, and it was done on purpose, so that I was not able to read the documents and call witnesses whose names I did not know. I was not given even to look at these documents, and I could not express their spuriousness. Had the judge and the secretary did not know that the documents that provided the defendant should have been brought against the plaintiff under the Civil Procedure Code? Of course, they knew about it.
As for the call svideteleya programmer contractor, the first judge agreed pools overlook the petition, but then refused.
In the judgment the judge referred to the employer’s words, I was interviewed from 18 to 21 August, and the sentence I did not arrive to work. And this is despite the fact that I presented evidence of my work: correspondence with Yandex August 22 with the IP address of the company, work with chat Siteheart the same with the IP address of the company, in printed form, maybe the stick judge refused to watch. The judge referred to the fact that printing is not a valid dokkazatelstvom. But I told her to provide evidence on a flash drive, which she refused to take. Facts correspondence with Yandex August 22 and work in chat August 26 with the IP address of the company, the employer is completely refutes the words, as well as a direct proof that the activity was carried out by me from the workplace.
To confirm that the IP address belonged to the company, it has been sent to the judicial inquiry to which the Internet provider has provided information in order to conceal an offense on the part of the employer. According to data provided by IP address from which correspondence was carried belonged to the company until June. Although I had collected a large amount of evidence that the IP address belonged to the company at all times, including in August.
Is your ISP did not know that fake evidence in court is a criminal offense? Of course he knew. But if the judge would protect the interests of workers and not eksplutatorov, those persons who have provided falsified data, could well earn a prison sentence.
Criminals mobile operators.
It should also say a few words about the mobile operators. The fact that a week after I wrote an appeal to the Labour Inspectorate, the staff started calling me, so I picked up the calculation and work, but I did not do, maybe, for me it was important, the employer comply with employment law, and violating the rules of dismissal and hiring, calculation rules in the day of dismissal, not whenever the capitalist suffered deserved punishment provided for the administrative Code, maybe, these violations were widespread.
Only one of the three mobile operators provide SMS messaging data of the owner, who asked to pick up the calculation and labor, as it turned out it was the employee of the company. The rest of the mobile operators have not provided details of the owner calls and SMS messages. Administravny Code provides for a fine for non-enforcement of the application, but the judge was very loyal to the violators.
Contractor Web Studio on the side of the offender.
As a witness in a court case appeared contractor programmer one web studio with whom I interacted all week. The most interesting is that the owners of web-studio site was removed from the portfolio of the company, which previously adorned in their section of work performed.
Employers-criminals. Labor disturbances, as the top of the iceberg.
Throughout the year, it lasted until the court appeal was sent to me in addition to the labor inspectorate on the facts of violations of labor, the tax on the fact of gray wages and the prosecutor’s office.
With regard to tax violations by the company should talk more. The fact that the salary that was listed in the job online SuperJob was 25 thousand or more, and the employment contract where I would sign was specified salary of 6000 rubles, that is 4 times less than the promised wages and this is a fact of gray salaries. That is, the employer violator pays taxes on the salary in the amount of 6000 rubles, with the same amount going contributions to the employee pension fund. With the gray salary, do not expect to receive a pension of more than 10 thousand rubles. You will have a miserable pension.
Gray salary as a sign of hiding the real income of the employer-felon.
During the trial, the lawyer gave the judge staffing salaries of employees, as evidence that the company does not have any violations. If the submitted salary compare with the salaries listed in the job advertisement, we will see the presence of gray salaries. If we compare the salary of the head of department koorporativnyh sales in the amount of 5,500 rubles, with the salary specified in the vacancy in the amount of 80 thousand rubles, the difference between the amount tenfold. The situation is similar for ordinary workers.
Among a number of employees of 100 people and the amount of unpaid taxes deductions Pension Fund will amount to more than 10 million rubles a year. Criminal responsibility begins at the amount of more than 1.5 million rubles. Do you think that similar violations do not see the judges, prosecutors and employees of the tax?
They do not just see, but are active participants in the robbery of the working people. Because of their situation with the connivance of gray wages is widespread and casual character. Companies do not pay extra taxes for an amount equal to more than one hundred billion rubles a year, and workers deprived of decent pensions.
Illegal wiretapping of internet traffic from the ISP.
A week after the court session I was able to get acquainted with the defendant’s documents. The documents listed the name was Head of Marketing, who has worked with me the whole week in the same office. I immediately found the girl on the Internet and learned it. But here it was the most interesting thing: I looked through her page vkontakte through unprotected http connection is not entered for your account in VKontakte. In Friends found the employee, which also worked with us in one room. Two days later, I again went to her page, but as it turned out this page no longer existed. It has changed a link to your page, and hid from friends that employee, maybe, on the page that she was an employee in the friends list. This behavior alerted me how she could know that I visited her page? Only my ISP staff to merge the data to interested parties, such as a company lawyer. Unfortunately, at that time I simply did not have time to even sue and Internet service provider, from whom I bought online, although all the signs of illegal wiretaps were there.
Love the Secretary of the judge and the lawyer.
Secretary of judges in addition to the fact that did not provide the documents for examination during the trial, thereby violating Article protsessualogo Civil Code, as more distorted in solving names of witnesses, as well as more than half of iinformatsii the trial record does not sootvestovali reality. Some days it took me to write comments to the minutes.
In addition to remarks he addressed to me on her part time zsedaniya trial, the court was something going beyond any limits of decency. The receptionist laughed and conducted a friendly conversation with a lawyer when the judge came to the deliberation room. They laughed and lovingly vorokvali as a dove, that I was not even comfortable to sit and stop them. I was afraid that they would make love right in the courtroom, so that it does not see the bestiality, I was preparing to hide under the table, but this time the referee came and said that the claim is denied. The meeting was closed.
Disabled conscience – the chairman of the court.
Naturally, I have sent an appeal to the audio recording of the court chairman, maybe this behavior for a judge of the Secretary is not the norm. Despite the fact that the name of the chairman was Sleposharova, in fact she was deaf, maybe in response to the appeal wrote that no friendly conversations has not been established, as well as advised to apply to the court of appeal in the event of disagreement with the decision of the court, I did, I wrote an appeal against the court’s decision illegal.