Undeclared work is work without a labour contract when job tasks are increasingly added without any extra pay, when days-off and leaves are denied, and wages are paid “in the envelope”. Tetiana worked exactly on such terms when she came to Kyiv to earn money for living. Read her story and a comment by the SLS expert.
Tetiana came to Kyiv in search for a job when she was 30. There were no job offers in her native town but she had to care for two children who had remained with her after divorce, and to help her retired parents.
A job was found quickly as several employers responded to her cook’s CV. Tetiana chose a fast food chain.
“During an interview, we discussed my duties and agreed upon my pay. As soon as next day I started working: making semi-finished products for main courses, preparing and packing sauces to them. All the dishes were then delivered to outlets”, Tetiana says.
Tetiana did not discuss official job placement with her employer.
“They did not offer, and I did not ask. I had a job, I received money twice a month, and that was OK. The fact they were paying “in the envelope” did not scare me because people are paid in this way in many places”, she explains.
In a few months, they imposed administrative duties on Tetiana in addition to cooking. She had to control product quality, supervise kitchen cleanliness, take stock, and conduct interviews.
Tetiana was working as three people – almost with no day-offs, 9 or 10 hours a day.
“Everything suited me. All in all, I came to Kyiv to work. I was periodically given several days to go to my children. I even had a wage rise. I was working for a year that way”, she says.
Official job placement
When Tetiana’s parents began to draw up documents for a subsidy, they had to prove that Tetiana was working in another city. The employer formalized her as a saleswoman – the company officially had no position of a cook. However, nothing changed in fact: Tetiana was performing the same duties, receiving officially a minimum wage, the rest of money being given “in the envelope”.
Soon afterwards, the employer changed the wage calculation system.
“They introduced hourly tariffs in the company, and the burning fair pay issue emerged. Indeed, someone was actually working very hard while other people went for a smoke break every thirty minutes, but everyone was paid the same”, - Tetiana says.
Going back home
Finally, Tetiana realized that she was doing a lot of other people’s work for which she was not receiving any extra pay.
“My wage was simply not enough to me to rent an apartment and send money to my children”, she explains.
Whenever Tetiana was asking for a rise, the company’s reply was that times were hard and she should wait. At that point, she refused to perform administrative duties, and then quit and went home. She says she realized that work was important but she also wanted to live. Nevertheless, Tetiana had no claims against her employer and did not think that her rights had been violated.
Tetiana stayed home not for long. In a few months, she went to Kyiv to work again. This time – under a labour contract. And now she feels more protected.
Perhaps if we had immediately signed a contract at my previous job, with my duties and wage clearly specified, I would not have quit"
she adds.
An expert’s comment
Olena Konovalova, Deputy Director, Labour Department, State Labour Service of Ukraine
Tetiana is wrong when believes that her employer did not violate her rights. First of all, the employer hid the employment relationship and failed to sign a labour contract from the very first day, where he had to define her wage, official duties, working hours, and work schedule. Most importantly, however, the labour contract protects many rights and social guarantees established by the national legislation. They must be surely aware of and upheld.
In particular, the law guarantees an employee healthy and safe working conditions, paid leaves and sick pay, and prohibits working for more than 40 hours a week, overtime or on day-offs. As a single mother, Tetiana is entitled to an additional paid leave and to protection against dismissal and wage reduction.
Besides, Tetiana’s employer did not pay a single social contribution (SSC) that is a guarantee in case of an illness, occupational accident or occupational disease, unemployment.
Read more about declared work benefits at the SLS website. Need advice – contact labour inspector.
