Нуждая се от правен съвет

[moko86]

знам че е дълго но пък е интересно, написал съм го на английски защото съм го пуснал в николко други форуми

Hello,

I was in a bad situation at work and would much appreciate anyone’s help!

I am starting my story with some introduction. I have been working at a Hotel for more then 3 years already as a full time employee. On 23/11/2010 I turned up for my evening shift which was part of my split shift (7am-2:30pm and then 6pm-11pm ) and we had a function dinner that night for approximately 100 people. All the guests attending were employees from the hotels sales teams around Europe so our hotel was trying to do something special for them. Instead of the black shirt which is part of the uniform they gave us a long sleeve T-shirt each with signs on the back saying HAPPY, THANKS or GIVING. Around 7pm I was in the function room setting up some up lighters for the evening and because I was wearing the t-shirt saying "GIVING" I was called in front of the room so the managers can figure out how to place us to welcome the guests when they arrive. In the foyer were six people: three associates, my manager, my assistant manager, and the Director of Operations. They wanted to have three people in a line saying HAPPY, THANKS, GIVING. So I was asked by the Director of Operations to stand with my face 5-10cm away from the wall so the people can see my back when they are entering the room for the dinner for which I said to Director of Operations:
"I don’t feel comfortable to stay here facing the wall while the people are coming in".

The Director of Operations’ answer was:
"Well yes but you will do it" physically placing my shoulders in the position he wanted.

I then turned around and said:
"No I don’t want to do it".

Director of Operations said proudly:
"You will, You will".

Me:
"No I will not do it".

Director of Operations:
"Why not"?

Me:
"Because I am not doing it".

Director of Operations:
"So you refuse to do it"

Me:
"Yes"

Director of Operations:
"Do you want to go home then?" it did not sound like question.

Me:
"Yes"

I then made my way to go out of the foyer and when I passed the Director of Operations, he said:
"Let me have a world outside with you first"

We went outside from where all my colleagues were and he asked me:
"Why don’t you want to do it, I just can not understand you"?

I was trying to think of the word humiliation but because English is not my first language I could not think of the word at that point because I was angry so I said to him:

"It is not fun for me and I am not feeling comfortable watching the wall in front of so many people and after that you will want me to serve these same people".

Director of Operations:
"So you feel you are insulting them by not facing them for meet and greet"?

Me:
"Yes"

Director of Operations:
"Ok then if you do not want to do it then I will have to find somebody else" (this sounded like a question by the way he said it)

Me;
"No I do not want to do it".

That is how our conversation ended and he didn’t sound as rude so I decided to stay for the rest of the evening. Later in the evening I had a meeting with my manager and assistant manager for them to ask me if there are any problems, and why I wouldn’t do it and after that everything was fine. Two days after the Human resources manager called me to her office and gave me a LETTER OF CONCERN, which I had to sign.

================================================== =================
23 November 2010

Dear Mr. X,

Letter of Concern


This letter is to highlight my concerns following on from an incident yesterday
the 22nd of November 2010 as described below:

You wilfully refused to obey a legitimate and reasonable instruction
given by XXXX XXXX-XXXX, Director of Operations

You are warned that if you your conduct gives rise to further complaint with specific regards to non compliance with procedures and standards will be liable to disciplinary action as detailed in the Associate Handbook.

It is hoped, however, there will be no need for further action on the company's part.

Yours sincerely,

XXXXX XXXX XXXXX
Human Resources Manager


I have read and understood the contents of this letter.

Sign:

================================================== =================

I read it two times before I signed but after I noticed something which I did not understand completely. This was the words "REASONABLE INSTRUCTION ". In my country standing facing the wall in this way is a punishment meant to shame you and I do not see this as a “REASONABLE INSTRUCTION”. I was very unhappy about this so asked to withdraw my signature. She was going to let me cross out my signature and then said it would be better for me to write to her and APPEAL against the letter and then she would see what she could do.

So after so much writing my questions are WHAT SHOULD I DO? And IS IT EVEN WORTH WRITING THE APPEAL IF IT IS READ BY THE SAME PEOPLE WHICH WROTE THE LETTER OF CONCERN?
I will really appreciate any advice!


Kind Regards,
Mr. X

[kontrol]

Ако не е партенка, следва да бъде преценена приложимостта на българското право.

Чий гражданин е работникът?
Каква националност има работодателят (с който е скл. договорът)? Къде е основното му място на дейност?
Къде се извършва работата? Обичайно и в конкретния случай? - това е привръзката според чл. 97 КМЧП, който може да служи като ориентир (макар неприложим в ЕС).
Има ли в трудовия договор избор на приложимо право?

чл. 361 и сл. КТ пък касаят подсъдността.
~~~~~~~~~~~~~~~~~
Според мен спорът опира до това, дали е налице ЗАКОННО нареждане на работодателя по чл. 126 т. 7 КТ в условията на конфликт с правото на достойнство (вътрешна оценка), забраната за унижение - чл. 29 КРБ - което е много мъгляво.
Изглежда е отправено някакво предупреждение, което не е още дисциплинарно наказание.
~~~~~~~~~~~~~~~~~
Според мен е добре да напишете възражение/ обяснения, за да е ясно при последващи спорове, че отначало сте смятали, че фактите не са както са изложени и че сте имали причина да не изпълните заповедта.

[rts]

Моко, в Български юридически форум би следвало да приложите и текста на български, ако наистина търсите помощ. Другият вариант е да спекулирате с въпроса, преследвайки други цели.