Mobbing Victim 1: Anar Jafarov
Anar Jafarov, like many M.M.D. Smart employees, had no doubts or discomfort at the beginning of the cooperation. An agreement was signed between him, as a private entrepreneur, and the Israeli office to provide programming services.
Despite the fact that legally there are contracts for services, de facto there is an organizational structure of the company, in which the roles between the participants are clearly distributed. Namely, a hierarchy is prescribed, who reports to whom, which division is included in which position, the workplace is allocated, working hours and rest time are established, etc.
In fact, the conclusion of a contract for the provision of services covers the labor contract, in order to reduce the tax base and remove the responsibility to employees to pay for sick leave, vacation, illegal dismissal, payment for overtime, etc. Very convenient for the owners, but not at all profitable for the employees.
Anar was hired in July 2018 as a team leader and was part of the R&D department, which then reported to Boris Rakhlin.
Although the Israeli firm has no official representative offices in Ukraine, Anar Jafarov was allocated a workplace in an office near the Nyvky metro station in Kyiv and set working hours.
Later the office moved to Horizon Park (Kiev, 12 M. Amosova St.), which made it difficult for him to get to work on time. If earlier it took 15 minutes to get to work, after the change of office address the time increased to 2 hours.
Anar is very positive about his colleagues at M.M.D. Smart and he did not feel any discomfort when working with colleagues. Anar’s main complaints were about the top management of the company, who are also the owners of the business.
Incorrect task setting, additional, previously unspecified tasks, unreasonable workloads, poor quality input data, impossibility of productive dialog, insensitivity to any criticism, lack of feedback on requests and many other things led Anar to make a decision to change his job.
At the end of May 2019, he contacted the HR department and informed them that he was going to quit a month before his contract was terminated.
No grievances were raised against Anar and he continued to perform his duties during June 2019. The HR department informed him that he could terminate his relationship with the company on June 26.
When signing the additional termination agreement dated June 26, 2019, which was prepared by the HR department, Anar noticed that the text stated that on June 27, 2019 both parties agreed that after the date of signing the document any claim for anything would be considered unreasonable. When asked what this meant, he was told that it was just a formality.
Considering that the labor contract for employees has been replaced by the management of M.M.D. Smart with a service contract, in fact, settlements between the parties take place on trust. Formally, the employee draws up an invoice at the end of each month, which is sent to the accounting department of the Ukrainian company, whose employees transfer the money. The workers have no doubts that the invoice will be paid. But as it turned out, it was for nothing.
Anar, realizing that the convoluted paragraph of the document still carries a threat, sent the invoice for June 2019 on June 26. Later, as a result of lengthy correspondence with various departments of the company, his fears were confirmed.
It sounded like this: the company decided not to pay the last salary due to the fact that they had been making concessions for a very long time. Anar had just been stupidly screwed out of a month’s salary.
Appeals to the management (read: owners) of the company did not lead to anything. He was advised to read what he was signing, and what he signed contained a clause stating that he had no claims.
A company that makes tens of millions of dollars is not afraid to screw its employee for a thousand dollars and make fun of him. At the same time you need something to eat, something to drink, pay rent, feed your child and wife. But as they say, “The Sheriff turns a blind eye to the Indians’ woes.”.
It’s always a shame when you get screwed over, but it’s even more upsetting when you get screwed over by people you trusted and thought were decent.
But that’s not all. Anar shared his situation on https://jobs.dou.ua. This really displeased Arie Frenklakh. He personally decided to make his stance known. But not about why he screwed Anar, but about why he should publish negativity on the internet.
Arie really doesn’t even realize that you can’t do that to your employees, you can’t screw people over, you can’t do evil to the people who make you money. Arie attacked Anar and threatened to initiate a criminal case for defamation and to file a lawsuit for protection of honor and dignity, as well as to deport Anar from Ukraine.
Throwing a person, mixing him with mud, threatening to destroy him — this is a classic manifestation of the extreme degree of corporate mobbing — bossing. This is when a boss, or in our case, a business owner, bullies his employee.
First of all, it is despicable — to dump a person and then threaten him and tell him that he is a nobody.
Secondly, it is a criminal offense — extortion (Article 189 of the Criminal Code of Ukraine).
Thirdly, it is shameful when a millionaire owner personally calls from Israel to his employee in Ukraine, who will be screwed for a thousand dollars, and threatens him.
Fourth, it speaks volumes about the inner world of Arie Frenklakh. As we will further see, this is the principle of this man’s life and behavior. He does so always and with everyone, whether it is an employee, a client or just an acquaintance.
Arie Frenklakh actually applied to the Prosecutor’s Office of the City of Kyiv #6 with some kind of statement against Anar, as the latter was summoned by subpoena to testify in the initiated criminal case #4209101060000372. The subpoena was signed by prosecutor Denis Makhnenko.
Denis Makhnenko is a native of Luhansk. His father met New Year’s Eve with Putin (https://golos-naroda.tv/otecz-prokurora-pecherskogo-rajona-otmetil-novyj-god-s-putinym/). And this is not Arie Frenklakh’s last connection to Russia.
Anar, as a law-abiding citizen, arrived by subpoena at the prosecutor’s office and testified. Realizing that the truth was behind him, he was not worried about such proceedings. It looked more like an act of intimidation on Arie’s part. But at the same time it looked very pathetic, since nothing had happened and could not happen.
But Arie showed that he has connections among pro-Russian Ukrainian prosecutors who, instead of looking for criminals, “nightmare” ordinary programmers on commission.
This is Arie’s inner nature — to use dirty and very dirty methods to fight dissent, even if you are not 100% right. Is it worth dealing with such a person? Draw your own conclusions for yourself.
Anar filed a lawsuit against MMD Smart, but, unfortunately, he got unprofessional lawyers and the trial did not take place. However, Anar will be left with a residue from such shameful actions of the owners of M.M.D. Smart for the rest of his life.
Advice: do not trust anyone, check the reputation of the employer in advance and if you do not understand what you are signing, it is better not to sign.