Conclusion by the parties to the case of an agreement on the settlement of a dispute (conflict) through judicial mediation
So, the district court of Kostanay region considered a civil case on S.'s claim to IP "Tovstenko L.M." on establishing the fact of labor relations, entering information into the workbook and collecting pension accruals. The claims are motivated by the fact that she was hired by the defendant to work in a store as a seller of industrial goods, and she worked from May 30, 2005 to March 30, 2015. The employment relationship was not formalized either at the time of employment or later. The parties concluded an agreement on the settlement of the dispute (conflict) in the court mediation procedure, which was approved by the court, and the proceedings were terminated. One of the terms of the agreement is the defendant's obligation to include in the plaintiff's employment record information about his work in the period from May 30, 2005 to March 30, 2015 as a salesman in the store of IP "Tovstenko L.M.".
Conclusion by the parties to the case of an agreement on the settlement of a dispute (conflict) through judicial mediation
Examples of filing a claim for recognition of civil law relations as labor relations. K. and others filed a lawsuit against JSC for recognition of contracts for the provision of paid services as labor, arguing that they provided legal services to the defendant on the basis of contracts for the provision of paid services. According to the arguments of the plaintiffs, these contracts comply with the three main conditions provided for in Article 27 of the Labor Code, namely: the employee's performance of work (labor function) according to a certain qualification, specialty, profession or position; fulfillment of obligations personally with subordination to the labor regulations.; receiving an employee's salary for work. The decision of the Ekibastuz city Court, upheld by the judicial board of the regional court, denied the claim. Dismissing the complaint, the court came to the reasonable conclusion that the plaintiffs voluntarily entered into contracts for the provision of paid services, and not employment contracts, as they were not satisfied with the salaries received by the company's full-time legal advisers. The presence of passes of a different pattern than those of full-time employees, the provision of services at a time that coincides with the working hours of full-time employees of the enterprise, receiving assignments from the correspondence journal does not give them the status of full-time employees of the enterprise, since they were not covered by the social guarantees provided for by the Labor Code, such as pension contributions, social insurance payments, temporary disability payments, compensation for unused work leave , etc . In addition, within the framework of contracts for the provision of paid services, the plaintiffs could not be brought to disciplinary responsibility under the Labor Code, did not obey the rules of the company's labor regulations, and could not be a member of a trade union. Naming the plaintiffs in the powers of attorney issued to them by the company's legal advisers does not replace the employment contract and the employment order.
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