On establishing the fact of being in an employment relationship

   O. filed a lawsuit against T LLP to establish the fact of being in an employment relationship, arguing that in the period from July 1, 2008 to August 2009, he worked for the defendant as Deputy Director for General Affairs – head of the security service. The employment contract was not concluded with reference to the fact that it was related to tax deductions. Since the company was just established, he worked a lot on concluding contracts for the supply of goods, was engaged in preparing documents for participation in tenders and tenders for public procurement, represented the interests of the company in negotiations, carried out control at the sites, often traveling with the director of the LLP to different cities, while for all the time of work, wages from the defendant did not I received it because the latter always promised to pay it from the funds received from the tenders after the company starts working. After receiving the money, the defendant did not pay the promised salary, and the plaintiff refused to continue working on August 1, 2009. The plaintiff's employment is confirmed by numerous documents held by the head regarding the defendant's activities, responses from independent organizations with which the defendant collaborated, documents submitted by the defendant to participate in competitions in which the plaintiff is represented as an employee of the defendant, and other evidence. Therefore, fr. He asked to establish the fact of his employment with the defendant from July 1, 2008 to August 1, 2009 as Deputy Director for General Affairs and head of the security service in order to make this entry in the workbook.

The court's decision established the fact of O.'s employment in T LLP from July 1, 2008 to August 1, 2009 as the head of the security service.

On appeal, the court's decision was overturned, and a new decision was made to dismiss the claim.

Thus, cases concerning the establishment of facts of legal significance are characterized by the possible existence of a dispute about the fact, but the absolute absence of a dispute about the law.

Consideration of the application is possible in cases where, according to the law, such facts give rise to legal consequences, the applicant has no other way to obtain or restore proper documents certifying the fact, the current legislation does not provide for another (non-judicial) procedure for their establishment, the establishment of the fact is not associated with the subsequent resolution of a dispute over the law under the jurisdiction of the court.

Thus, T LLP is an operating company and currently denies having an employment relationship with O.

As follows from the case file, the plaintiff did not conclude an employment contract with T LLP, did not receive a salary, therefore, in the opinion of the court of appeal, he does not have the right to demand the establishment of a legal fact of being in an employment relationship with the defendant. Moreover, the defendant does not recognize the fact that the plaintiff works for him, which in the future implies the existence of a dispute under the jurisdiction of the court.

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