A girl who lost her leg at a car wash in Pavlodar wins court

A girl who lost her leg at a car wash in Pavlodar wins court

A girl who lost her leg at a car wash in Pavlodar wins court

A resident of Pavlodar lost her leg while working at a car wash. The owners refused to recognize her as their employee, because Valentina did not have an employment contract. Today, on March 1, the Pavlodar city court ruled that she was still in labor relations with them, reports zakon.kz.

When Valentina was pressed against the car, a colleague of the girl was driving, who was asked to park the client’s car. She did not know that the washer was drunk at that moment.

The girl spent several days in intensive care. Surgeons had to amputate the right leg above the knee. While the girl came to her senses, her sister tried to achieve the truth. But the police opened a case only on the fact of a traffic accident, citing the lack of an official employment contract for the girl. All four years, Valentina worked unofficially.

The owner of the car wash has long claimed that she first saw the girl already wounded on the day of the incident and accused her of simply wanting to cash in on her.

The court considered the case on Valentina’s claim against the individual entrepreneur and recognized that since October 26, 2016, there was an employment relationship between them. Accordingly, the defendant was ordered to conclude an employment contract indicating the date of commencement of work – October 26, 2016, by profession of a car washer.

The court proceeded from the fact that the fact of labor relations is confirmed by the presence of video recordings, the testimony of witnesses, both the employees of the car wash and directly from the customers of the car wash, the protocols of the interrogation of witnesses obtained in the course of the investigation of the criminal case. press service of the Pavlodar regional court

Consequently, the defendant, by virtue of the requirements of labor legislation, arises an obligation to report an accident related to work in the prescribed form.

The court issued a private ruling to the city prosecutor, the Labor Department of Pavlodar region on taking the necessary actions to investigate the accident, as well as on the gross violations by the defendant of the requirements of labor legislation revealed. press service of the Pavlodar regional court

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