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This year, out of 146 applications for labor disputes received by the Labor Inspectorate from workers of Ukrainian origin, 126 labor disputes were resolved, in which 320,926 euros were awarded to Ukrainians, or 61% of the requested sums .
“Compared to last year, the number of labor disputes involving Ukrainians has doubled. If in 2022 there were a total of 1,868 labor disputes and in 70 cases one of the parties is a Ukrainian war refugee, this year they are already 146 labor disputes relating to Ukrainian citizens were received,” explained Kaire Saarep, director general of the Labor Inspectorate. . “The labor disputes mentioned mainly concern lost wages or other financial claims and compensation.”
Kaire Saarep, describing the nature of labor disputes involving Ukrainians, said that conflicts arise for various reasons. There are certainly employers who take advantage of the ignorance of war refugees and manipulate them. Areas of concern may arise from insufficient employee guidance and failure to report partially mandatory working conditions (TLS § 5 paragraph 1), where misunderstandings and conflicts arise. Also, out of ignorance, a Ukrainian can make inappropriate decisions and then find himself in an unpleasant situation.
“The sad thing is that Ukrainians come to Estonia, believe the words of their employers and end up without a salary. Furthermore, they do not always know how to seek help. And when they do find help, they receive poor legal advice and lose money because of this “Probably the most problematic thing is that employers are trusted and therefore agree to work without a contract and to be paid in cash,” said Kaire Saarep. “The Labor Inspectorate provides advice on labor law, workplace safety and occupational health, and it is good that more and more foreigners who have been defrauded know how to turn to a competent consultant for the protection of their rights. This is also confirmed by the statistics on labor disputes this year.”
Examples of violations
The norm of monthly working hours of a Ukrainian woman is 260-280 working hours. You work without an employment contract and are paid in cash. The pay is 5 euros an hour. This type of work begins to affect her mental and physical health.
The Ukrainian worker was paid in cash. This is an undeclared salary. This offer is also suitable for the employee, but if one day he has an accident at work, the EMO finds out that he does not have health insurance. It can take at least six months to heal after surgery. He does not receive sick pay because the employer has not paid the payment.
A recent study commissioned by the Labor Inspectorate to map the awareness of Ukrainian war refugees and their employers showed that war refugees mostly work on the basis of employment contracts concluded in the Estonian language. Therefore, particular attention should be paid to the extent to which they understand the content of their contracts before signing them. Although employers stated in the survey that, in addition to organizing language courses, they would need practical legal information when hiring Ukrainians, in reality there is no difference: the same contractual clauses apply as for Estonian employees.
At the Labor Inspectorate it is possible to obtain information on the employment contract, working and rest times, holidays, remuneration and other issues relating to the employment relationship, including collective labor relations. Also on issues relating to safety in the workplace and health at work. The Labor Inspectorate offers free advice to all employees and employers in Estonian, Russian, English and Ukrainian.
Read more: Working relationship with a Ukrainian war refugee
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2023-12-12 08:21:21
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