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zaterdag 28 september 2024

WORLD WORLDWIDE EUROPE SLOVAKIA - news journal UPDATE - (en) Slovakia, Prima Akcia:VegaNana continues to refuse to pay back wages and mislead the public - And now the facts (ca, de, it, pt, tr)[machine translation]

 On Tuesday, September 3, VegaNana published an emotional video reaction

related to the dispute between three former employees about the payment
of owed wages and other financial claims (for more information, see
https://www.facebook.com/Zvaz.Priama.akcia/posts/pfbid0294x3kuhX2LipukwS9TesE4XmKjtQPb3VgvhDX6F69Au1DKw5dBpaRpZYEQ6Cnbc
Dl ). In this article, you will find a video transcribed into text form,
supplemented by explanations of how things are in reality. This is going
to be a longer read, but we find VegaNana's behavior on social media
over the past few days unacceptable and warranted a more extensive response.

CLAIMS OF THE BOSS IN THE VIDEO:

"Hello, my name is Katarína and I am speaking to you on behalf of the
company VegaNana. I can't go into details as legal action has been filed
today against all involved and the investigation is ongoing. Anyone who
knows me knows that I don't like conflicts and I am a very trusting
person and I try to settle everything. Unfortunately, this situation has
gone so far that I have to take these steps. The aforementioned former
employees worked at our company, they had valid signed employment
contracts for a permanent employment relationship. The amount of the
payment was set there."

FACTS:

The contract situation was not the same for all three workers, as the
video shows. It is a mixture of contracts that have not yet been signed,
contracts issued with a different than the actual date of starting work,
while it was not a difference of a few days, but of whole weeks,
respectively. months, and contracts with completely different amounts
than were agreed upon at the time of employment (e.g., instead of the
agreed amount, the contract contained the minimum wage). In addition,
the workers saw these contracts for the first time several months after
starting work, and they immediately expressed their disagreement with
them. From the point of view of labor law, VegaNana therefore failed to
comply with several obligations of the employer.

Jana started work in October 2023, and when she started, she and her
boss, Katarína, agreed on a net salary of 1,000 euros. Despite the fact
that she repeatedly requested the contract, she saw it for the first
time only on April 2, 2024, in electronic form as an attachment in an
e-mail from the accountant. The contract stated the minimum wage, the
wrong residential address and the wrong start date (a difference of 3
weeks). The contract with the corrected address, which her boss showed
her on her cellphone on April 9, still listed the minimum wage. Jana did
not agree with this contract and repeated to her boss the amount of
wages they had agreed on in October (the owner Alexandra was also
present). Since Jana still does not have the contract, it could not even
be signed.

Laura started work in September 2023, and when she started, she and her
boss agreed on a net salary of 1,500 euros, as she had previous
experience in the production of vegan desserts. After many repeated
requests, she received the contract only on December 1, 2023. The sum of
1,400 euros in gross was stated in it, with which she expressed her
disagreement. The contract existed only in one copy, which the boss
kept. Laura only received a physical copy of the contract when she
signed the notice on June 19, 2024.

Veronika started work in November 2023, and when she started, she and
her boss agreed on a net salary of 1,000 euros. Veronika also requested
the contract from her boss many times during the working relationship,
but she saw it for the first time only the day before she left work on
April 9, 2024, when she received it by e-mail. She only received it
physically when she signed the notice on June 19, 2024, but she did not
sign it, as the minimum wage (750 euros) and the incorrect start of the
employment relationship on February 1, 2024 were stated in the contract.

We confirm that an investigation is currently underway. Jana, Laura and
Veronika were testifying this week and provided evidence confirming that
they had not been paid their wages. We see the criminal complaint by
VegaNana as an attempt to intimidate and discourage people from
supporting former workers. The owner of VegaNana even claims in one
post: "Why would we go to the police to report ourselves if we haven't
paid the wages?" Since we know exactly how the employment was done in
this company and the amount of its debts, we also wonder.

CLAIMS OF THE BOSS IN THE VIDEO:

Of course they were paid.

FACTS:

The former employees received some money, but they were paid:

1) in parts,
2) irregularly,
3) not on time,
4) not in the agreed amount,
5) and not even in the amount according to late delivered contracts.

In addition, they did not receive pay stubs during the duration of the
employment relationship.

The former employees have a lot of private communication with VegaNana,
which confirms the mentioned facts. The fact that both responsible
persons know about this communication is in incomprehensible contrast
with their statements on social networks, where they prefer to play on
feelings and falsely accuse female workers instead of communicating
objectively and taking a responsible approach to solving the situation.

Jana, Laura and Veronika agree to release all communications with
VegaNana regarding payroll and contract issues. The same consent can
also be given by both responsible persons on VegaNana's side, in which
case the entire communication can be published.

CLAIMS OF THE BOSS IN THE VIDEO:

Contributions to the Social Insurance Company and health insurance
companies were also calculated from this amount of wages.

FACTS:

Since they had different amounts in their contracts than was agreed upon
when they started working, the amount of contributions was also
different. For example, Jana has a statement from the Social Insurance
Agency dated June 4, 2024, which confirms that VegaNana paid her
contributions from the minimum wage and did not pay them at all for most
of the months she worked.

Due to the fact that VegaNana issued employment contracts with a later
date than the actual starting date of work, the former workers were also
later registered with the insurance companies. According to Act no.
82/2005 Coll. on illegal work and illegal employment and on amendments
to certain laws, § 2, paragraph 2, letter b) -
https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2005/82/) late he
considers signing up with an insurance company to be illegal employment.

CLAIMS OF THE BOSS IN THE VIDEO:

According to the statement in the letter of the Priama Akcia
organization, they do not accept this employment contract and ask us to
pay the difference in wages that they determined themselves. And also
the difference in contributions to insurance companies, which is
unacceptable. Yes, I realize that I made mistakes, I made mistakes. The
beginnings were difficult, as I went into this business and opened this
operation without any funds, without an investor. We really started from
scratch from nothing. We went from day to day. It was difficult to pay
all receivables on time and within the due date. So the employee's
employees knew about it, were they notified, did they get paid in
installments? Yes.

FACTS:

The difference in salary, i.e. the difference between the salary agreed
upon at the start and the salary specified in the contract, was caused
by VegaNana's actions. A detailed eight-page attachment calculating the
amount owed was delivered to VegaNane with the demand letter we
submitted on August 13th. Wages for the months and days worked by
individual employees are included in the amount owed, while the money
paid has of course been deducted from this amount.

The amount does not include the debt to the Social and Health Insurance
Company, which will be recovered from the owner by the given
institution. However, we included the months when female employees were
not registered with the Social Insurance Company without knowing about it.

We also included in the calculation the difference between the insurance
premium that the boss actually paid and the one that she was supposed to
pay from the agreed salary.

To explain this "difference in contributions to insurance companies", we
will give an example: Veronika agreed with her boss that she would
receive a thousand euros in cash, and that this income would be properly
stated in the contract and insurance premiums would be deducted from it.
This means that Veronika's gross salary should have been approximately
1,300 euros, and the employer should have paid approximately 650 euros
for social and health insurance. However, VegaNana paid the minimum wage
for her (750 euros gross) and thus only 370 euros went to Veronika's
social and health insurance.

Why is this important? Because the social system works on the principle
that the more you give, the more you get. The low contributions will be
reflected in the benefits that Veronika will receive when she finds
herself in a more difficult situation - for example, in the case of
unemployment. The calculation includes this difference in amounts,
despite the fact that social insurance can no longer be paid back,
because it gives female employees at least the opportunity to save the
money.

We consider it fair that such employer practices are not tolerated. If
VegaNana had behaved responsibly and kept the agreement when hiring
female workers, she would have had to pay this money.

Contributions to the social system are an integral part of the salary,
and are therefore also part of VegaNana's debt to female employees. We
did not include the contributions to the health insurance companies in
the debt, because they do not work on the mentioned principle, that is,
female employees are not penalized by their reduction (so VegaNana saved
a little after all...).

In the video itself, it is heard that wages were paid in parts and not
on time. Of course, no one informed the female employees when they
started that their payment would work in this way, so they could not
agree to it. In general, as working people, we can't even imagine that
someone would start a job where they agree on a certain salary during
the interview, and at the same time not knowing when, if and in what
partial amount they will receive it.

In an Instagram story, VegaNana's owner shared a conversation in which
she jokes with someone about an imaginary debt. A friend writes to her
that he "needs 15 liters" because he "wants a Rolex", and they both have
fun. However, Jana, Laura and Veronika do not ask for any luxury, but
fight for the salary they agreed on when they started work. It is not a
luxury even in the case of unpaid social contributions, the consequences
of which can be felt if, for example, they apply for maternity benefits,
unemployment benefits or in case of health problems.

CLAIMS OF THE BOSS IN THE VIDEO:

April 9 was the last day at work for all three. And that evening, all
three of them sent me the same text saying that they would not come to
work the next day unless I met their conditions.

FACTS:

The last day at work was April 9 for Laura and Veronika, who sent an
e-mail and a WhatsApp message to their boss. We select from its wording:

"Hi Kati,
we wanted to work it out together in person, but we can't wait any
longer. When we contacted each other before, it did not lead to anything
except promises.
We both feel like we are the last to be considered with money and
everything else takes precedence. It's been hard on us for the last few
weeks, as you must have noticed, and it's not good for our mental health
either.
The situation with unpaid salaries is unbearable for us and we have
decided that we no longer want to work for free. Therefore, we will not
come to work until you pay us at least two payments that you owe us.
At the same time, if we are to return to work, we expect payment of the
remaining unpaid wages by the end of the month and also a guarantee of
regular payment of wages every month on the specified day according to
the contract.
It is impossible to live without paying the agreed wage for the work
done, and certainly not for as long as it is going on in Veganana. We
let it go too far. If we don't get our money by the end of April, we
will have to find another job and we will also be forced to deal with
this wage situation in other ways. We don't see any other way to deal
with it like this."

Jana also worked on April 10. That morning, she sent her resignation
email to her boss and also stated the following:

"... I always saw and still see great potential in VegaNana, I always
enjoyed my work, I did it with enthusiasm, I always cared about quality
work, I gave a piece of myself to your company and I loved the
connections that were created on this place into a form of community
that united people. I learned a lot from you or within the company, I
made great personal progress and I am very grateful for all the
experiences, and you know it yourself. After a very long time, you were
a person I could trust and you became a close person for me, with whom I
felt safe. I don't think you had bad intentions from the beginning and I
really wish you well because you are great at what you do and I am
writing this to you as sincerely as I can. I was disappointed by how you
put off priorities such as employee evaluation for a very long time,
when you know that I am dependent on this job and I have nothing to pay
for even food. I was disappointed by how many times she didn't speak
straight, withheld information, kept me in suspense and made promises
that never translated into reality.

We have established a working relationship, which results in obligations
and rights that are not respected.
In order to maintain good relations, I politely ask you to pay me the
unpaid salary by the above-mentioned deadline."

In the evening, the boss convinced Jana to stay at VegaNana. Jana was
willing to stay until the end of April if VegaNana paid her at least one
full month's salary as agreed. This amount was not paid to her.

VegaNana also falsely commented on the departure of Jana, Laura and
Veronika in a post on Instagram and Facebook that she published on
September 11. We do not comment on other claims from the given post in
this text, as they are recurring topics that we have already clarified
above.

VEGAN CLAIMS IN THE POST:

In April, they informed us that unless we raise their wages, they will
stop going to work. Since a wage increase was not possible and not one
of the employees had come to work since April (gross violation of work
discipline), we terminated the employment relationship on June 15, 2024.
(...) In the meantime (from April 10, 2024), Jana got a job with another
employer, which she did not even inform us about, we learned this fact
from the social insurance company.

FACTS:

Not one of the former workers asked for a salary increase. The
information regarding Jana, who on 10.4. she was still working at
VegaNana. In addition, Sociálna poistovna does not provide information
about other employers.

With these claims, VegaNana tries to give the impression that the
non-payment of wages was not the reason for leaving the job. However,
from the wording of the messages that Jana, Laura and Veronika sent to
the boss in April, it is clear the reason for their departure, as well
as the effort to find a solution.

CLAIMS OF THE BOSS IN THE VIDEO:

It was unacceptable for me as an employer. Then, about a few days later,
I found out that they had stolen our attendance records, employment
contracts and also the book with my recipes.

FACTS:

After the publication of the article about the dispute, statements of
both responsible representatives of VegaNana began to appear on social
networks, in which they put themselves in the position of victims. They
do not mention the psychological harm and exploitation experienced by
their former workers in their statements, although they knew about their
situation. Let's give one example for all: At one point, Jana was in
such a bad financial situation that she took a picture of her empty
refrigerator to her boss in the hope that she would send her at least
some money for food. If something is unacceptable, in our opinion, it is
this: not paying money for the work done. VegaNana should clarify what
is cause and what is effect and finally accept responsibility.

As for the theft of things by Jana, Laura and Veronika, it did not
happen in any case.
Attendance at the facility was unclear and chaotic, Laura and Veronika
were told after a few weeks that they didn't have to sign in because the
boss knew when they were working, and for the remaining months
attendance was not kept at all. Because of the lack of transparency,
Jana started on her own initiative to conduct her own private
attendance, which was transparently at the workplace all the time. Of
course, she took it with her when she left.

We have no idea how female employees could steal employment contracts
that they did not receive at all during the duration of their employment.

Jana never had anything to do with recipes, as she did not work as a
pastry chef, but as a server. The pastry chefs Laura and Veronika add
that according to the handwritten recipes in the notebook, most of the
time they didn't even bake. It was baked according to recipes that the
boss knew either by heart (and dictated them on the fly), or were on
different pieces of paper.

However, the timing of this accusation is interesting - it comes only
after the launch of a campaign to achieve owed wages and other financial
claims. We know from our experience that bosses have no problem pointing
out alleged misconduct (violation of work discipline, causing damage,
theft, etc.) on people who oppose their practices, in order to
discourage them from enforcing their demands. We have a similar
experience from the dispute with the civil association Divé maky (you
can find similar information in this publication:
https://priamaakcia.sk/Ako-sme-si-poradili-s-problemami-v... ). This
whole absurd part about things being stolen, as well as many other
social media posts by VegaNana officials (such as the VegaNana owner's
Instagram "stork" calling former employees thieves and then deleting the
post, and others falsely accuses and intimidates), are apparently
intended to divert attention from the real problems, which are
VegaNana's debts and unfulfilled obligations.

CLAIMS OF THE BOSS IN THE VIDEO:

Since I believed and hoped that we would somehow resolve the whole
situation, I deregistered them from the insurance company on June 15th,
and they also received a written notice of termination on that day. They
were to receive it personally.

FACTS:

The former employees were proactive in solving the whole situation from
the beginning. Even in April, when the situation had already gone too
far, they tried to be accommodating and expressed interest in staying on
the job if they at least received some money and a promise to pay the
rest. They also called after their departure, wrote messages and came to
the office in person. The responsible persons did not and did not solve
the situation for a long time.

As for the deregistration from the insurance company, the former
employees were not informed about it. They only found out by accident
when you 17.6. at the Social Insurance Company, they verified whether
the levies had been paid for them. This was important information for
them at the time, because they could miss the deadline for registration
at the labor office and would be in danger of paying extra for health
insurance. In addition, they have not yet received credit cards.

CLAIMS OF THE BOSS IN THE VIDEO:

Then we also had control authorities, hygiene and the labor inspectorate
here, and according to their oral statement, we were not mistaken in the
given situation.

FACTS:

Let's compare this statement with the official opinion of the labor
inspectorate (IP), which the police also have. The IP notice issued on
September 3 states that VegaNana did not cooperate during the
performance of the labor inspection and did not submit the required
documents, so it was not possible to investigate the violation of labor
laws.

When asked whether there was any oral statement from the IP, the IP
responded in an e-mail communication that he could not comment on
anything, because the responsible persons decided to obstruct the
performance of the IP and did not submit any required documents.

CLAIMS OF THE BOSS IN THE VIDEO:

Yes, I realize that I made mistakes. It was not an acceptable situation
or any favorable situation. Paying wages in installments, not paying
them on time. Also invoices, also other receivables we had. We even have
a payment schedule for some invoices and we are paying them until now,
gradually. But we always solve the situation and try to settle
everything so that we really do and correct the mistakes we made.

FACTS:

Slovak legislation refers to non-payment of wages as a crime. One
interpretation of the boss's statements is that she is aware that she is
committing a crime. We also learn new information - the debts do not
only concern former workers, but also invoices and other receivables.
However, not a word was said about redress against the former employees.
So we have no idea what kind of error correction we are talking about.

When Jana, Laura and Veronika worked at VegaNana, the boss did not take
any steps to solve the situation, she only delayed the solution and made
promises that she did not fulfill. She did not take any steps even in
the following months, when they no longer worked there. She has not
expressed any intention to solve the problem and not only continues to
ignore the former employees, but uses false accusations against them.
Moreover, she didn't even hear a key piece of information - it's one
thing to admit that she paid wages in parts and later, but it's another
to confirm that they haven't been paid in full so far. This is not how
"mistakes" are corrected.
CLAIMS OF THE BOSS IN THE VIDEO:

I am really aware of this and it will really be easier for me now that I
already have a partner here who takes care of the management. I take
care of the production, it's easier. We are improving, we are growing
and we will improve and we will grow. I take this whole situation as a
personal attack by a certain group of people. It has gone too far
because you are not only threatening me and my family, the children,
they even included the granddaughter. You threaten and attack our
friends, acquaintances, customers, and business partners. You also
threaten physical attacks, which is really over the line, which has gone
so far that it goes beyond all moral principles. I just want to tell you
this: You can try to destroy this business. Anyway. You will not destroy
me. I'm starting from scratch, again. If I have to start a thousand
times from scratch, I will start a thousand times from scratch, because
you cannot destroy me as a person. I will work 20 hours a day, 7 days a
week when necessary. I'm used to it and everyone around me knows it. I
also want to thank everyone, all of you who stand by us, who keep your
fingers crossed for us, who support us and write to us. Many thanks and
admiration that despite everything you didn't give up on us and we
promise that we will always be here for you and we look forward to
seeing you. Have a nice evening and I'm going to bake.

FACTS:

Similar claims are mentioned in various variations in other posts on
social networks. However, the fact is that the Priama Akcia union
communicates politely and matter-of-factly. We do not stoop to personal
attacks or threats. The former employees are only asking for what
VegaNana promised them the day they agreed to work for her. Their
demands are calculated and detailed in eight pages in the attachment
VegaNana received together with the request for payment of the debt.
This campaign is not about personal attacks on anyone. We don't need to
make emotional videos or posts. We are concerned with compliance with
agreements and resolving the consequences that result from their violation.

The Direct Action Association mentioned the family of responsible
persons from VegaNana in the article only in connection with their
veganism. In the event that, after publishing the dispute, they received
messages in which something of the description occurs, they were not
from us and we do not identify with them. In the article published by
us, we present the recommended wording of the message, which can be used
to express support for Jane, Laura and Veronika, and which does not
contain any attacks or threats.

* * *

Finally, we would like to sincerely thank Jana, Laura and Veronika for
the enormous support they receive. The campaign to pay off VegaNana's
debts to them is ongoing and you can still get involved. You can find
more information about support options on the website and FB of the
Priama Akcia association.

After the initial article was published, several other people contacted
us with similar problems with the VegaNana. If you also have such an
experience, contact us.

Union Direct Action

Source: https://priamaakcia.sk/VegaNana-nadalej-odmieta-vyplatit...

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https://priamaakcia.sk/VegaNana-nadalej-odmieta-vyplatit-dlzne-mzdy-a-zavadza-verejnost-A-teraz-fakty.html
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