An employee of the National Park "Belovezhskaya Pushcha" was fired in compliance with false contract expiry.
Vasily Karpovich, a motor grader driver, was not lucky to finish successfully his first year in the National Park "Belovezhskaya Pushcha". December 19, 2005 he was urgently recalled to his work during his day off: there was a night snow fall, so the road had to be cleaned. Mr. Karpovich finished his working day and went home to Kamenets by the company bus that was going to pick up employees for the second shift. At the approach to the district center at the Kamenets – Belevo roads junction the car accident occurred: the bus with 10 passengers ran into a truck. Later, the investigation revealed that the crush was caused by negligence and inattention of the bus driver who did not give the road to the truck.
2 bus passengers were badly injured. One passenger employed as an excavator driver broke arm. The second one – 50-years old Vasily Karpovich enjoyed all out. He says that he's happy he was urgently delivered to the hospital and operated and his 7-months pregnant wife did not become a widow. Mr. Karpovich had 5 ribs broken, one of them punched the lung, and the right pleural cavity was filled with blood. The poor guy also was awarded with closed craniocerebral injury, concussion of the brain, numerous avulsive wounds of the right brachium, and arm splintered fracture. Only 8 months later Mr. Karpovich was able to come back to work but according to the medical attest he became 3rd category disabled and lost 30% of working ability.
Maybe this bloody crush caused his future troubles. According to the Vasily Vasilevich’s words, the park administration would prefer to burke the occurred event and estimate the injuries as off-the-job. But he pressed the button, and the event occurred on 19 December, 2005 was recognized as industrial accident with all consequences.
Mr. Karpovich was back to his job on August 18, 2006. In the beginning he was occupied with some small jobs in the garage on vehicles fleet maintenance, and then he was offered a job of a security guard on the check station No.6 near Selishche village. The park territory hosts several small villages where one can get only via special check stations and only natives or their relatives with special permits. So one of such station was occupied by Vasily Vasilevich, who due to his disability could not occupy any longer the capacity of a motor grader driver (6th category driver).
The service at the check station No.6 was carried out according to the schedule – 24-hours service, 48-hours off. He worked almost 11 months. Later the official from the Brest Regional Labour State Inspection of the Ministry of Labour and Social Protection performed inspection in the Park due to Mr. Karpovich’s complaint, and revealed that every month Mr. Karpovich worked overtune up to 80 hours (so called overtime); the allowable annual overtime amount is 120 hours. Basically, Mr. Karpovich was not caught neither for appetite for spirits nor work discipline violation, and sure he could work extra if it would be paid accordingly. He says he was not paid both for overtime, and there were no bonuses for night shifts and holiday shifts. As the result on September 6, 2007 Vasily Vasilevich issued application to the Park's General Director Nikolai Bambiza with request to be paid for overtime or to have paid compensatory time-off. There was no reaction for a long time. Finally, compensatory time-off was provided backdating since October, 3: he was provided with the order for review on October, 25. But earlier, exactly on October, 3 he went to his job for his shift and found the check station No.6 door locked. Íå was explained that the check station will be closed, as it’s decided by the general director.
From this day until October, 16 Vasily Vasilevich regularly attended the National Park but according to his work he was just hanging around the territory as there was no job for him. October, 16 Sergey Dyagel, the chief of the Park's security department, offered to write an application to the general director with request for occupation of a watchman (security guard) in the Grandfather Frost’s Estate, and on October, 19 he went to work there. But at 16.00 the chief of the Park's security department together with a specialist from the human resources department arrived to inform the following bad news, the general director did not accept his request, and he was given notice of future dismissal as on November, 1 his contract will expire and the administration will not extend it. Such dismissal style is very popular in the Park and it can not be argued as the employer empowered not to prolong contract without reasoning. But Mr. Karpovich had a bargaining chip: he knew exactly, he had no contracts with the Park's administration.
Mr. Karpovich, not waiting his dismissal date, sent application with complaint on illegal dismissal to the District Office of Public Prosecutor, Presidential Property Management Department and some other state authorities. Firstly he got a feedback that employment disputes are under court jurisdiction, but he insisted on re-inspection and graphology examination of the documents under his doubt. So, on January 4, 2008 he received an answer signed by Mr. Romanovsky, Deputy Head of the Presidential Property Management Department, saying that second investigation was performed, and as the result, “…some cases of violation of the legislation were acknowledged and appropriate disciplinary actions were taken against guilty liable persons. In compliance with the PPMÂ order No.22/09-3 dtd 04.01.2008 you will be paid for overtime for August-September 2007 and other payments in compliance with the current legislation.
The documents issue is more interesting. Due to Mr. Karpovich’s insistency the District Office of Public Prosecutor forwarded contracts dtd March 2, 2005 and November 1, 2006, and also Order No.2709-k dtd 01.11.06 on his occupation shift to the expert review to determine identity of Mr. Karpovich’s signatures. December 18, 2007 the expert review arrived with the conclusion: in the contract dtd November 1, 2006 the signature on behalf of Mr. V.V.Karpovich under the line EMPLOYEE was performed as technical forgery: transmission copying from V.V.Karpovich’s original signature placed in the application dtd 01.11.06 (the false document (contract) was placed over the original one (application) with the original signature, and then the signature was inked). In the contract dtd March 2, 2005 the signature on behalf of Mr.V.V.Karpovich under the line EMPLOYEE, and the signature in the occupation shift order No.2709-k dtd 01.11.06 under the line REVIEWED BY EMPLOYEE are not performed by Mr.Karpovich, but by somebody else.
So, Mr. Karpovich did not sign up any contracts with the administration neither the first nor the second one. It will be investigated who performed forgery. January 10, 2008 investigation results were forwarded by the District Office of Public Prosecutor to the Kamenets local police department in compliance with jurisdiction for the further investigation.
The Kamenets District Court started processing Vasily Karpovich’s suit against the National Park "Belovezhskaya Pushcha". The Plaintiff states his dismissal was illegal and claims for return to his job, payment for his enforced truancy, and compensate the moral damage in amount of BYR 10 mil (~5,000 US $). The court decision as of the date of the newspaper issuance was not available.
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