A former trombonist of the orchestra Acoperi, Deputy Chairman of the trade Union “. Opera” Vyacheslav Didkovsky
A former trombone player of the orchestra, Deputy Chairman of the trade Union “. Opera” Vyacheslav Didkovsky, told why he was fired. As and 15 other artists Acoperi refused to sign proposed by the management of the employment agreement. Had to do it in accordance with the law on the contract form of work for employees.
Was before the signing of the contract conflicts with the leadership? For what reason?
He worked in the orchestra for 17 years. Play the trombone. First differences with the leadership began a year ago. Tired tour “for food.” Paid only per diem barely covered the basic needs — food and accommodation. Paid money on the spot. Like a positive thing. But this is rather a strange way.
Usually the calculation occurred in the lobby of the hotel. Came the representative of our administration with a bag full of money and a sheet of paper. It printed plaque with the names of the artists and amounts of payments. The latter is often written with a pencil. Simply wipe and enter any other amount. Were given funds. Testified the signature on the receipt next to his name. During one of the touring period it happened several times. Decide how much and when to pay.
Tired of working for pennies. In March last year before the tour in Germany decided trombinovoe a group of musicians to seek legal advice regarding a system of payments. It turned out that it is illegal. The law “On the touring events” provides for the payment of wages by Bank transfer one-off in full amount in national currency. The artist himself must be able to solve for the full amount to purchase the currency of the country where it is or withdraw money in parts. Or pay exclusively by card.
When asked the Director to show the contract which stipulates the conditions of our work on the road, it turned out that it had not yet signed the second side of German colleagues. The document gave only ten minutes before the concert. Show the other lawyer is not allowed. Because it has already approved our theatre. By the time we are the specialist could not be trusted.
A few years ago in connection with the downsizing fired 30 artists and support staff. Those who decided to defend their rights, appealed to the court. Four artists resumed. Later, they created their own independent Union, called “Vilna” festival. The Chairman of the organization Elena Anikeeva. In September of last year wrote a statement of withdrawal from the theatre of the Union and joined the “Vlnu Opera.”
In such circumstances, we could not agree to tour. The Director started to press – have to decide now to go or not, or I’ll find other artists.
Having a specific profession, such as the trombonist a high level of skill, know almost all his colleagues. Immediately warned all the friends from Ukraine and those who work abroad not to take this job. Showed solidarity. As we refused the offer Cuprina. The lawyer advised never to conduct oral negotiations. Contact only by correspondence. In case of repetition of blackmail — to complete the communication in court.
Until 2014 had leave 56 days. After becoming a state enterprise, the number began to decline. Gradually established at the level of 46 days. The name of the Union “. Opera” made a request to the Central archive of the Russian Federation. Soviet archives are stored there. Received a copy of the document on “the vacation of the Kiev Opera house”, established in 1953. According to him, the leave of employees is two months. This document has not been canceled.
Administration has explained that he lost power when Ukraine became independent. And also that in 1996 he published the annual holidays act. A clear explanation of why, in this case, until 2014 we have received the holidays to the fullest, were never provided.
Also regarding the law on contract work, the lawyer explained that it does not spell out mechanisms for the transfer of an employee with an indefinite employment agreement on short-term contract. Automatic translation can not be. In the absence of this mechanism, each institution had to develop it yourself. At the time of signing contracts we already knew as it did in other theaters. Suggested Director to do the same. Break for an indefinite term, make full settlement with the workers and then to sign new contracts. It received the answer, it can’t be done. Because then we will not be able to provide holidays to the fullest. Since its receipt we have too short experience.
The lawyer denied the version of Peter Chuprina. Acquainted with the article of the code of labour laws. They pointed out that the vacation to the theater is provided in full, regardless of when they were hired. Because there is a seasonal specificity. If the musician took to work yesterday, and tomorrow in the theater ends the season, he can’t work himself. When the whole orchestra went on vacation. Has the right to leave. Upfront for next season.
Thus, the administration Acoperi long manipulated the workers. Used our ignorance of the laws. After all, we’re artists and don’t understand the legal intricacies.
For some reason Union members are “Free Opera” filed a lawsuit against the theater management?
Since the law has not given the mechanisms of transition from one form of work to another, termination of employment contract with the employee can be appealed in court. To avoid this, the Ministry of culture came up with such a scheme. All employees had to write statements. Given two possible forms – “resignation” or “contract for the transfer of contract work.” This gave officials the opportunity to talk about what all went on the contract form on their own.
Colleague of Kiev theater for children and youth misread the task of leadership. Wrote in his statement, “please transfer me to a contract for a period of 3 years.” And the Director had to sign a contract with her with such a term.
Although the rest of the workers he provided agreement for a year. At the National Opera together with an example of a statement he gave the order of 2 December about the necessity of transition to the contract system. As well as messages about changes in working conditions. Although as such changes in working conditions did not happen.
In January four members of the Union “. Opera” filed a lawsuit on recognition of the order illegal. The lawyer confirmed that the change in the form of conclusion of the employment relationship – cannot be considered as a change of essential working conditions. Leadership made many legal inconsistencies in the implementation of this law.
Sometimes the impression that we are by their actions, taught administration legal literacy. Pointing out these inconsistencies, helped them see and correct their mistakes. Reprinted orders, changed the timing of their actions.
First, the notice warned us of resignation on the standard article 36, paragraph six. In the last day, when it was still possible to conclude a contract, released a new notification. That in case of signing of the contract, we will be dismissed according to the same article, but the ninth paragraph. According to it “terminated the employment relationship” with 16 employees. This entry in the workbook allows you to get social assistance on unemployment. Severance pay for dismissal is also not received.
Employment history former trombonist of the orchestra Acoperi Vyacheslav Didkovska
First three years worked at the theatre on the futures contract. It was a trial period. Then transferred on a permanent contract. It is European practice of labour relations with artists. I don’t understand why you need to make changes in this system. How are they determined?
We are in an employment relationship, which have fully satisfied. Why should it agree to changes in work conditions that impair?
We call this document “the law against undesirables.” According to him, workers who want to fight for their rights, the first candidates for termination of the contract. Understand that I will be among the first. Not because of his professional level. And because of public position. Because I defend an opinion different from the opinion of the management.
How, in Your opinion, will continue to operate the theatre?
Workers who agreed to sign the contracts, only delayed his dismissal. A month before the end of the contract from the management will hear about the funding cuts and reduction of wages. If you agree to work further on these terms will save his job. The administration has continued the employment relationship with those who agreed to the worst conditions of work. So you can blackmail further. Keep on a short leash under the threat of dismissal. Most continue to use the proven corruption schemes. If you are disagree — they are legally asked to play the contest. And to prepare solo competition program of the orchestra is very difficult.
In September initiated an appeal to the Commissioner of the Verkhovna Rada on human rights Valeria Lutkovska on the constitutional representation. Gathered about 600 signatures from workers of theatres of Lviv, Odessa and other cities. Need to specify a name, workplace and contact telephone number of each signatory. Artists feared that, even for the signature they would be fired. Explained — if we succumb to fear, we will not have any chance in the struggle against the system.
Under the Ministry of culture held a protest of workers of the National Opera against the tyranny of the leadership. The event was attended by performers of folk chorus them. Gregory Ropes and artists of the dance ensemble them. Paul Virsky. The musicians of the Opera orchestra played a funeral March.
The law, the Verkhovna Rada adopted in January last year. Open-ended employment contracts to all workers of culture for the year must be interrupted. To conclude new contracts with terms of one to three years.