An unusual announcement appeared on the doors of the Gomel restaurant of Italian cuisine “Marconi”: the administration of the institution forbids freelancers to visit it at certain hours. 🙂
Marconi TUT.BY confirmed: at a certain time, freelancers are not allowed to enter the institution – and this, according to the restaurant’s administration, is a necessary measure.
- We open at 8 in the morning, and already at 9-10 hours people occupy the tables with laptops, notebooks – and leave only at six in the evening, that is, they spend full time with us, and order a cup of tea or coffee. Many do not just sit at a computer, but schedule interviews and auditions. If this is a legal entity, let them rent offices and work – why do they use our premises? – perplexed in the administration of the restaurant.
Marconi says that the decision on such a ban was not easy for them and not right away – the problem has been going on for more than a month. Patience came to an end when restaurant visitors began to complain about freelancers.
- We cannot feed people. Our guests come to have lunch or dinner – and all places are occupied. Why should we lose our regular customers because of those who just want to save money on the office?
Is this generally legal?
Lawyers are sure: such a requirement is not only unethical, but, of course, illegal.
- There is a violation of consumer rights, in particular, article 10 of the law on the protection of his rights, which states that a consumer has the right to freely choose a service of appropriate quality at a convenient time for him – taking into account the operating mode of the retail or service facility. Clause 4 of the same law states that the establishment of any other benefits, direct or indirect restrictions on the choice of a service is not allowed (with the exception of the benefits or restrictions provided by law, but this is not the case), lawyers of the Gomel Oblast explained to TUT.BY bar associations.
In addition, according to lawyers, the announcement itself was incorrectly executed. For example, it is unclear how the institution is going to distinguish a freelancer from a nephrilancer? Moreover, with a literal reading, the announcement contains a ban on labor – and this already contradicts the Constitution.
- And if we assume that the institution has internal rules that supposedly must be followed by customers? There is, for example, a dress code in some places.
- Yes, indeed, the catering facility can independently determine the rules of conduct for its customers – but this applies only to those that do not contradict the law. These are contradictory.