Poznan doormen and porters have been waiting for their outstanding salaries since2018. December 23 this year The District Court in Poznan quashed the decision ondiscontinuation and referred the case to the prosecutor's office for furtherinvestigation. The prosecution has not been able to find those guilty for threeyears. ---- 20 porters and doormen guarding the buildings of the MunicipalHousing Resource Board in Poznan did not receive remuneration in 2018. It isabout a considerable amount, currently approx. 250 thousand. zlotys. This factwas notified to the prosecutor's office by the Employee Initiative in a letter ofDecember 31, 2018.Due to the lack of results, the union and the aggrieved parties filed a complaintagainst the excessive length of the proceedings at the end of 2019. Then, inFebruary 2020, the court did not agree with our arguments and dismissed thecomplaint.On December 31, 2020, the Poznan-Stare Miasto District Prosecutor's Office inPoznan issued a decision to discontinue the investigation into the persistentviolation of employee rights of 20 people protecting the buildings administeredby the ZKZL. A complaint against this decision was lodged by the attorney of theinjured parties, attorney Marcin Czachor, pointing to a gross violation by theprosecution of a number of procedural provisions, including on failure torecognize the evidence requests submitted by the aggrieved party and notinforming them about the procedural activities carried out.On December 23, 2021, the Poznan-Stare Miasto District Court in Poznan fullyacceded to the arguments of the victim's attorney, quashed the decision todiscontinue the case and referred the case to the prosecutor's office for furtherinvestigation. According to the court, the hitherto actions of the police and theprosecutor's office have been limited only to interrogating the aggrievedparties, despite the fact that they submitted a series of evidence and provided"on such" evidence that a crime had been committed.Today's court decision means that the prosecution will have to continueinvestigating malicious and persistent violations of workers' rights. Moreover,it opens up a completely new possibility for the aggrieved party: if theinvestigation does not end with indictment by the public prosecutor, such a rightis vested in the aggrieved parties themselves. Through their attorney, they willbe able to submit the so-called subsidiary indictment against the heads ofdishonest security companies.Therefore, two criminal proceedings are pending in the case of the exploitationof employees protecting the buildings administered by the Poznan ZKZL: the firstin the case of malicious and persistent violation of employee rights (Article 218§1a of the Penal Code), and the second in the case of non-payment of benefitsrelated to the employment relationship despite being obliged by a judgment court(Article 218 §3 of the Penal Code), reporting false data to the Social InsuranceInstitution (Article 219 of the Penal Code), not reporting an accident at work(Article 221 of the Penal Code), disrupting the control of the National LaborInspectorate (Article 225 §2 of the Penal Code), forgery of documents (Article270 § 1 of the Penal Code), as well as participation in an organized group aimedat committing crimes (Article 258 § 1 of the Penal Code), managing an organizedcriminal group (Article 258 §4 of the Penal Code).The Employee Initiative maintains that the activity that infringed employeerights by the company that was hired by ZKZL to protect the facilities hadalready taken place earlier. Management neither carefully investigated who wasbidding nor did appropriate checks to prevent a violation of the law. It turnsout that the doormen guarded the city's buildings largely for free. However, theZKZL did not feel guilty and rejected the proposals for a settlement with theinjured persons who demanded compensation from the ZKZL in the amount of lostearnings. Currently, a lawsuit against the Board of Municipal Housing Resourcesis being prepared.https://ozzip.pl/informacje/wielkopolskie/item/2847-dlaczego-prokuratura-nie-sciga-winnych-naruszenia-praw-pracowniczych_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
Geen opmerkingen:
Een reactie posten