The lawyer claimed a violation of the law by the employer due to the employee's non-admission to the corporate event.
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- The lawyer claimed a violation of the law by the employer due to the employee's non-admission to the corporate event.
In some situations, the employer's refusal to allow an employee to attend a corporate event may violate the employee's labor rights and entail liability. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on December 16.
He clarified that problems arise when non-admission is used as a form of pressure or punishment. So, if an employee is not invited to an event due to lateness, conflicts, or refusal to go to work on a day off, this is beyond the law. The Labor Code provides for a limited list of disciplinary penalties — reprimand, reprimand, and dismissal on established grounds, and "corporate disqualification" does not apply to them.
"If participation in a corporate event is associated with awards, bonuses, gifts, ratings or certification results. In this case, the issue concerns remuneration and the incentive system. The evaluation of an employee's work should be based on his professional qualities and work results, and not on attending an entertainment event," the expert explained.
The lawyer drew special attention to cases when, under the guise of a corporate event, a work event is actually held — a mandatory meeting, briefing or training. If attendance is declared mandatory, such an event should be considered as business hours in compliance with all registration and payment requirements.
In addition, Vasilchuk added, if the refusal of admission is accompanied by public humiliation or psychological pressure, the employee has the right to defend his interests. He recommends that all violations be recorded, including correspondence, recordings of conversations and testimonies from colleagues, and that a written complaint be filed with the company's management. In the absence of a response, an employee may file an application with the State Labor Inspectorate, which has the right to conduct an audit and hold the employer accountable if violations are detected.
On the same day, lawyer Ilya Rusyaev declared the employer's right not to hold a corporate party for everyone. According to him, if the number of corporate party participants is limited due to factors such as room capacity, security requirements or budget, the organizers have the right to choose their circle.
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