What to do in case of illegal dismissal. What to do in case of illegal dismissal? Judicial practice on the illegal dismissal of an employee

In an environment of fierce labor competition, an employer may resort to breaking the law in order to fire an employee. In this case, every employee has the right to state protection and can not only be reinstated to work illegally abandoned, but also receive compensation for this time. Timeliness of treatment and a properly built line of defense will achieve positive results in the shortest possible time.

Illegal dismissal under the Labor Code of the Russian Federation

The Labor Code of the Russian Federation contains more than a dozen articles regulating legal relations parties upon termination of the employment agreement. A contract is considered invalid if it fails to comply with the established norms. The legal consequences of illegal transfer and dismissal, if proven, can cause the employer not only material harm. Responsibility for the illegal dismissal of an employee is nominated both on an administrative and criminal scale.

The contract is terminated illegally if:

• The employee was forced to write a statement under pressure;
• The employer falsified the reason for the termination of the relationship;
• Compensation sums were incorrectly paid.

Any of the reasons must be proven in court.

Illegal dismissal - where to apply

An employee with whom an employment contract was incorrectly terminated may apply to any of the proposed authorities in turn or simultaneously:

• Federal Labor Inspectorate. This authority can only conduct an internal investigation at the enterprise on the filed application of the employee. Detection of falsified data gives grounds to the inspector for further appeal to the court;
• Prosecutor's office. This executive body is authorized by the data submitted in the application, using the necessary legal instruments for this;
• Court. The judiciary is both an investigative and punitive body. That is why going to court has the most rapid and serious consequences.

Any chosen body will require from the employee not only a correctly drawn up application, but also an evidence base for the illegality of termination.

Wrongful dismissal letter sample

To file a lawsuit in court, a dismissed person must comply with the conditions on territorial appeal.

The application must indicate:

• Legally correct data on all three parties of further office work;
• the value of the claim;
• State the essence of the violation;
• Give references to the law;
• Provide evidence of wrongful dismissal from work;
• Express the essence of the requirements.

Application to the prosecutor's office for illegal dismissal - sample

By submitting an application to the prosecutor's office, the employee can afford a more capacious expression of his claims. The complaint can reflect not only the essence of the fact that happened, but also describe the facts preceding the event.

The application must contain:

• Information about the applicant and the organization that canceled the contract with the employee;
• The essence of what happened in a reasoned form;
• Data confirming the stated facts;
• Request for an investigation.

Any statement or complaint may be disputed by the employer. Therefore, a prerequisite for a positive outcome of the case is the provision of evidence.

Calculation of compensation for forced absenteeism in case of illegal dismissal

If the issue of improper dismissal from work is proven, the employer is obliged not only to reinstate the person in his workplace, but also to pay compensation for the time spent outside the service.

When calculating compensation, all days from the moment of suspension from work until the moment of reinstatement are considered. For calculation according to the code, the average salary of one working day is taken and multiplied by the number of days of suspension.

Reinstatement after wrongful dismissal

The decision of the court to reinstate an illegally dismissed employee gives impetus to the following events:

• Cancellation of the order to terminate the employment relationship;
• Calculation of compensation for simple and moral damage;
• Making adjustments to the last entry included in the employee's personal card; Correction of an entry in the work book;
• Restoration of experience.

Often, further work with the management is not possible and the employee himself leaves after the restoration.

The period of reinstatement at work in case of illegal dismissal

Labor disputes are dealt with fairly quickly. In court, such cases are of paramount importance, 30 days are allotted for their consideration. But in practice, clarification of all the circumstances may take a longer time, up to 3 months. Reinstatement at work occurs within the time limits established by the court, after 10 days of data to appeal the decision.

Illegal dismissal is understood as a violation of the rights of an employee. Such a dismissal is illegal if it was made for reasons not provided for in the Labor Code. Russian Federation.

Types of illegal dismissal

1. If the illegal dismissal from work occurred without legal grounds. In Art. 77 of the Labor Code of the Russian Federation sets out an exhaustive list common grounds, according to which labor relations with the hired worker are terminated. Dismissal without explanation is also illegal.
2. If the order (procedure) of dismissal was violated. For example, the dismissal of certain categories of persons who enjoy the preferential right to stay at work: trainees, as well as highly qualified workers; in case of violation or non-compliance with the procedure for bringing an employee to disciplinary responsibility.

A gross violation of the law are cases when pregnant women, single mothers and fathers who are raising a child under the age of fourteen are illegally fired. In addition to those situations when the organization was liquidated, the dismissal of employees who were disabled or on maternity leave.

Wrongful dismissal for absenteeism

Absenteeism is one of the labor-intensive grounds for dismissal, being at the same time a measure of disciplinary action. An employment relationship can only be terminated for absenteeism if the employee's fault is established, as opposed to dismissal of employees to reduce staff. The employer is strictly obliged to comply with the procedure, as well as to prove the legality of such dismissal, i.e. the fact of absenteeism without good reason.

The dismissal procedure conditionally consists of three stages:

• Correct registration of the fact of absenteeism.
• Establish reasons for absenteeism.
• Making a decision to leave.

Procedural errors made may result in the recognition of the dismissal as unlawful in court.

The rights of an employee in case of illegal dismissal

1. The right to protection of labor rights.
2. The right to file a lawsuit.
3. The right to reinstatement.
4. The right to compensation due to the employee.

Where to apply for illegal dismissal

In this case, first of all, it is necessary to contact the body for the protection of labor rights of citizens. This body is the state labor inspectorate. The application must be submitted no later than 1 month from the date of receipt of the dismissal order or work book.

The complaint is considered within 10 days. In addition, the employee has the right to file a lawsuit. If the dismissal is declared illegal by a court decision, then the employer is obliged to reinstate the employee in his previous position, as well as pay the entire salary that he did not receive for the entire period of forced absenteeism. In addition to these payments, the employer is obliged to compensate for other costs: moral damage, the services of a lawyer or lawyer who represented interests in court.

Obviously, illegal dismissal carries unfavorable legal consequences for the employer.

Conflict situations between the employer and the employee often lead to the dismissal of the latter.

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Therefore, a natural question arises, what to do in case of illegal settlement and where to apply for the restoration of their rights?

Basic moments

During temporary disability or vacation, you cannot be left without a job:

• single mothers raising teenagers;
• women who have one-year-old children;
• disabled children.

What it is

The dismissal of an employee is considered illegal if:

1. There is a clear violation of the rules Labor Code.
2. Occurs during his absence from the workplace - sick leave, vacation.
3. There is no good reason for.
4. Guarantees prescribed by law () are not taken into account.

Having decided to reduce the staff, the employer is obliged to carry out the entire procedure, taking into account the requirements of the law:

• notify in advance each worker who is subject to dismissal;
• provide work place individuals who cannot be counted.

Violation of the rights of workers in some cases becomes the cause of litigation.

An injured employee can take advantage of a pre-trial claim to the employer for illegal dismissal.

Then, going to court to win the case. He will be reinstated in the workplace if the infringement of his rights by the employer is proven.

Possible grounds for terminating an employment agreement

The employee has the right to terminate the employment contract by submitting an application to the employer. In the absence of a document, the dismissal is recognized as illegal.

The Labor Code of the Russian Federation contains a list of legal grounds for terminating a work contract:

1. The parties came to a mutual agreement. The leaving person writes a corresponding application with a request to calculate it according to. The document is signed by the employer. This gives advantages when registering with the territorial employment service. The allowance is calculated according to official salary rather than the minimum wage.
2. The term of the employment agreement has expired. An exception may be the continuation of relations with the consent of both parties ().
3. The person did not pass (). Must be documented.
4. The teacher committed an immoral act in a children's institution (Article 336 of the Labor Code of the Russian Federation).
5. The employee expressed a desire to terminate the contract. In two weeks, he notifies the management in writing (). By agreement of the parties, the settlement may occur earlier than the deadline. On the last day, a work book is issued and the final payment is made. Before the expiration date, the employee can change his mind and withdraw the application.
6. The boss has lost confidence.
7. The employer expects the employee for violation labor discipline(Article 81 of the Labor Code of the Russian Federation). The worker appears at the workplace in a state of intoxication (alcohol, narcotic, toxic intoxication). The presence of repeated absenteeism in a person without a good reason. Disciplinary action should not be removed before the day of dismissal.
8. Safety regulations were not observed, which led to serious consequences.
9. Administrative offense.
10. Everyone is satisfied with the transfer of a worker to another position or to another enterprise. Confirmed in writing. You also need an invitation to new job or drafting for another position.
11. The employee disclosed confidential information. This also applies to personal data of other people.
12. The change in the owner of the organization was the reason for filing ().
13. The terms of the employment agreement have changed. They do not suit the worker ().
14. Changes in the physical condition of the employee. He is offered another position. He refuses in writing ().
15. Certification confirmed the insufficient qualifications of the worker.
16. Employer changes location entrepreneurial activity. It does not suit the worker ().
17. Reduction in staff required.
18. There were circumstances beyond the control of the parties ().
19. The labor agreement contains violations of legislative acts relating to employment. Continuation of cooperation has become impossible (). A person receives a one-time compensation in the amount of a monthly salary.

Additional conditions for terminating an employment agreement apply to employers, rescuers, state, municipal employees and the military ().

The basis becomes:

1. Retirement age.
2. Disclosure of state secrets.
3. Opening business activity.
4. Business organization management.
5. Participation in a dispute between two parties government agency.

To carry out the calculation procedure from the place of work, in addition to the grounds, documentary evidence of the facts is required.

To dismiss an employee who is seen in a state of intoxication, you need:

• an act with fixed signs of a state of intoxication;
• medical examination;
• explanatory note of the violator of the order.

To terminate an employment contract due to absenteeism, you must have:

• an act with a recorded absence without a good reason at work for more than four hours;
• written explanation of the truant.

Sometimes the reason for terminating the contract may be circumstances that cannot be influenced by either party.

These include:

1. Call for military or alternative service.
2. Restoration by a court decision to this place of the former employee.
3. The employee must be punished according to the court decision.
4. about the disability of the individual.
5. Death of one of the parties.
6. Extraordinary circumstances - a large-scale accident, hostilities, natural disasters.

In all these situations, the last day of work is used for dismissal.

The legislative framework

All issues related to labor relations are set out in the Labor Code of the Russian Federation:

1. Article 81 contains a list of reasons for dismissal.
2. specifies the general scheme of the process.
3. prescribes the established compensation, the term of settlements, proper execution.

What you need to know about the illegal dismissal of an employee

Dismissal on the basis that is not provided for or by legislative acts is subject to challenge in court.

After a disciplinary offense, the following punishment may apply ():

• rebuke;
• comment;
• dismissal.

If the court decides that it was enough to confine oneself to the first two methods, then the termination of labor relations will be declared illegal.

When choosing a punishment, the severity of the offense is taken into account. Each case is individual and is considered separately.

Legal dismissal is documented:

• the head issues an appropriate order;
• a mark is made in the work book;
• The employee reads the document and puts his signature.

In some cases, before canceling the employment agreement, the employee is offered to write.

After getting acquainted with the decision of the management to terminate the employment agreement, the employee can use the next month to restore his rights.

Where to go

To establish justice, a person who has fallen under dismissal has the opportunity to apply to three state authorities:

1. Federal labor authority.
2. Prosecutor's office.

The Labor Code of the Russian Federation provides for the creation of a state labor inspectorate that would control compliance with the requirements labor law.

This structure performs two types of checks:

• legal issues;
• compliance with safety regulations.

The legal inspector will help restore the privileges of the dismissed person. The court makes the final decision on a dispute about the violation of workers' rights.

His decision is always carried out. There are cases when they resort to the help of bailiffs for the full execution of a court verdict.

The courts make decisions in the following areas:

• reinstate at work;
• change the wording of the reason for dismissal;
• to make monetary compensation in the amount of the average monthly earnings;
• compensate for moral damage.

Bodies of the prosecutor's office conduct inspections related to the violation of any type of legislation, based on an application to the prosecutor's office.

Their powers are similar to those of a labor inspectorate:

• produce ;
• bring to administrative responsibility;
• demand the elimination of violations;
• offer to return identities workplace ().

Is there any compensation

Upon reinstatement at work, the employee has the right to compensation for damages related to illegal dismissal:

Sometimes the court obliges the employer to change the wording of the grounds for dismissal. Then the date of the actual termination of the employment relationship becomes the date of the relevant decision.

If the employee officially found another job, the dismissal dates from the date preceding this moment.

The average salary is paid for forced absenteeism. The reason - the victim could not get a new job due to the incorrect formulation of the grounds for terminating the previous relationship.

Cash is issued in case of serious harm to the worker.

This may be dismissal for no reason, in violation of the established procedure for the procedure. The amount of the payment is determined by the court.

Nuances for a soldier

The military personnel also include employees of the internal affairs bodies. The requirements for both categories are identical.

Entering the service, its passage, termination, legal status employee are defined:

1. TK RF.

The procedure for the dismissal of the military is described by internal orders. Documents contain:

1. List of positions.
2. Who carries out their dismissal.
3. Employee notice templates.

Legal dismissal requires the presence of the following factors:

Judicial practice on the current situation

Frequent labor disputes are opened according to a statement of claim to recognize the dismissal as illegal from:

All expenses for proving the legality and validity of the termination of the employment relationship are borne by the employer.

Advantages judicial review affairs:

The negative point is the time for consideration of the claim. It usually takes quite a long time.

Formation of a statement of claim in court

The statement of claim is submitted to the court at the location of the enterprise.

Sets the deadline for its registration by a state body - a month should not pass from the date of receipt of the work book.

Rules for writing a sample claim:

1. A clear and concise statement of the subject matter.
2. Indication of the requirement for reinstatement in the position held, compensation for forced absenteeism and moral damage.
3. Provision, work book, concluded agreement, acts of bringing to responsibility. Evidence of falsification of the employer's arguments. Characteristics from previous jobs.
4. Enumeration of legislative acts giving the right to meet the stated requirements.
5. Attachment of all documents mentioned in the application.

How to correctly assess moral damage

The legislation does not provide clear methods for calculating compensation for non-pecuniary damage. The judge, based only on his subjective opinion, decides on compensation for moral damage.

Contacting the Labor Inspectorate

Disputes between employers and their employees are commonplace in courts of general jurisdiction. As a rule, employees go to court more often to defend the rights violated by the employer. This review of judicial practice presents disputes about illegal dismissal.

1. Dismissing a store employee for loss of trust is legal

If the activities of an employee of an organization are related to the maintenance and storage of commodity and monetary values, especially if he holds the position of deputy store director, the employer has the right to dismiss him for loss of confidence. So decided the St. Petersburg City Court.

The essence of the dispute

The citizen worked as an acting deputy store manager in commercial organization. She was dismissed from her position on the basis of paragraph 7 of part 1, with the wording - "due to loss of confidence." The citizen did not agree with the very fact of the dismissal, nor with its wording, so she filed a lawsuit against the employer in court.

The court's decision

The court of first instance denied the citizen's claim. The judges referred to Part 1 of Article 81 of the Labor Code of the Russian Federation, by virtue of which an employment contract with an employee can be terminated at the initiative of the employer if the employee directly servicing monetary or commodity values ​​has committed actions that create grounds for the employer to lose confidence in him. The St. Petersburg City Court, where the plaintiff filed a complaint, confirmed the correctness of the conclusions made by the court of first instance. By an appeal ruling of December 11, 2014 N 33-19275 / 2014 in case N 2-1743 / 2014, the judges refused to recognize the plaintiff's dismissal as illegal and change the wording of the grounds for dismissal.

The judges noted that job description the deputy director of the store indicated direct manipulations with material assets - the receipt and release of goods, the receipt, accounting and storage Money. As follows from the agreement concluded with the plaintiff on the full liability, she was directly responsible for the safety and proper storage of both goods and funds. At the same time, the position of the deputy director of the store is included in the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property, approved by Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85.

In a disputable situation in the organization's store, money was stolen from the cash register. Based on this case, the employer concluded that the acting deputy director of the employee committed a violation of cash and labor discipline, because she left the key to the safe with money sticking out in the lock. It was this circumstance that became the basis for dismissal with the wording of the loss of confidence.

A similar legal position is contained in paragraph 45 of the Decree of the Plenum Supreme Court RF dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation". As follows from the clarifications of the Supreme Court of the Russian Federation, in the course of such disputes, judges need to take into account that the termination employment contract with an employee under clause 7 of part 1 of article 81 of the Labor Code of the Russian Federation, due to the loss of confidence, the employer can apply only to those employees who directly service monetary or commodity values ​​​​(reception, storage, transportation, distribution, etc.), and only on the condition that they committed such culpable acts that gave the employer grounds for the loss of confidence. Which is completely suitable for the controversial situation with the dismissal of the deputy director of the store.

2. Women with children under the age of three cannot be fired

The employer does not have the right to dismiss an employee on his own initiative if she is raising a child under the age of three. Even in the case when the woman did not notify him that she had a child of this age. So decided the Supreme Court of the Russian Federation.

The essence of the dispute

By order of the head of the local administration of the city district of Nalchik, a citizen was accepted for the position of deputy head of the Department of Education of the local administration. An employment contract was concluded with her for an indefinite period. After a while, by order of the acting head of the local administration of the city district of Nalchik, the employee was granted maternity leave. The employee had a daughter. The local administration of the city district of Nalchik extended the maternity leave until the child reaches three years of age.

Decree of the local administration of the city district of Nalchik in staffing changes were made to the office of the local administration of the city district of Nalchik, according to which 3 positions were reduced, including the position of deputy head of the Department of Education of the local administration. The citizen was notified that she was dismissed from work on the grounds provided for in clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation in connection with the reduction in the staff of the organization. According to the citizen herself, dismissal on ground made in violation of the requirements of Article 261 of the Labor Code of the Russian Federation, since at the time of dismissal she had a dependent daughter under the age of three years. For the protection of her rights, the citizen applied to the court with an application for reinstatement in her previous position and payment of compensation for earnings during the forced absenteeism.

The court's decision

The courts of two instances refused to satisfy the citizen's claims. The judge justified their position by the fact that the plaintiff did not notify the employer that she had a child under the age of three, without submitting a birth certificate to the personnel department of the organization, in connection with which the employer should not be responsible for the adverse consequences that occurred as a result of unfair actions with side of the citizen. The courts also indicated that the procedure for dismissing the plaintiff to reduce the staff of the organization's employees was observed by the employer.

The Supreme Court of the Russian Federation, where the citizen filed a complaint, did not agree with such conclusions of the courts. In ruling No. 21-KG14-14 dated March 30, 2015, the judges pointed out that the conclusions of the courts of first instance and appellate instance were based on an incorrect interpretation and application of substantive law. Since, by virtue of Article 261 of the Labor Code of the Russian Federation, it is not allowed to terminate an employment contract at the initiative of an employer with a woman who has a child under the age of 3, with a single mother raising a disabled child under the age of 18 or a young child - a child under the age of 14 , with another person raising these children without a mother, with a parent (another legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of 3 in a family raising three or more young children, if the other parent (other legal representative of the child) is not a member of labor relations. The legislator makes an exception only in case of guilty actions on the part of the employee.

As follows from the legal position of the Supreme Court of the Russian Federation, set out in paragraph 28, the guarantee provided for by Part 4 of Article 261 of the Labor Code of the Russian Federation applies, among other things, to persons performing state civil and municipal service.

In a disputable situation, the court took into account that the provisions of the current labor legislation of the Russian Federation established a direct ban on the dismissal at the initiative of the employer of women with children under the age of 3 years, therefore, canceled the decisions of the courts on the legality of the plaintiff's dismissal on the specified basis. In addition, the panel of judges recognized as unreasonable the conclusion of the courts that there was bad faith and abuse of the right in the actions of the citizen in connection with the failure to provide her employer with a child's birth certificate, since it was not supported by evidence from the case file.

3. The period determined by law for the issuance of an order by the state labor inspector complies with the norms of the Constitution of the Russian Federation

The right of the state labor inspector to issue instructions that are subject to mandatory execution by the employer in case of illegal dismissal of employees, legislatively takes into account the delineation of powers of state authorities and the special importance of judicial protection of labor rights of citizens. The rule limiting the period for issuing such an order is aimed at ensuring the supremacy of the court in resolving the dispute on the merits of the right and preventing citizens from abusing the right to protection from violations of labor laws by the employer. The Constitutional Court of the Russian Federation came to such conclusions.

The essence of the dispute

The citizen filed a complaint with the Constitutional Court of the Russian Federation about the violation of his constitutional rights by part 2 of Article 357 of the Labor Code of the Russian Federation. The citizen was dismissed in 2008 and appealed to the state labor inspectorate in 2015 after a court decision was issued on November 5, 2014 in his case on the claim for recognizing the termination of the employment contract as illegal, imposing the obligation to return the work book, recover lost earnings, compensation for moral damage. The inspectorate refused.

Therefore, the citizen disputes the constitutionality of the second part of Article 357 of the Labor Code of the Russian Federation, by virtue of which, in the event of a trade union body, employee or other person applying to the state labor inspectorate on an issue that is under consideration by the relevant body for considering an individual or collective labor dispute (with the exception of claims accepted for consideration by the court, or issues on which there is a court decision), the state labor inspector, when revealing an obvious violation of labor legislation or other regulatory legal acts containing norms labor law, has the right to issue an order to the employer that is subject to mandatory execution. Such an order may be appealed by the employer to the court within 10 days from the date of its receipt by the employer or his representative.

According to the applicant, this rule does not allow the state labor inspector, in the event that the court refuses to satisfy the requirements of the employee due to the missed deadline for applying to the court, to issue an order to the employer in case of revealing an obvious violation of labor legislation or other regulatory legal acts containing labor law norms, therefore it conflicts with Article 2 of the Constitution of the Russian Federation and Article 37 of the Constitution of the Russian Federation.

The court's decision

The Constitutional Court of the Russian Federation in the ruling of October 27, 2015 N 2454-O did not find grounds for accepting the citizen's complaint for consideration. The judges pointed out that the norms of Article 356 of the Labor Code of the Russian Federation and Article 357 of the Labor Code of the Russian Federation give the federal labor inspectorate and state labor inspectors the authority to issue binding orders to eliminate violations and to restore the violated rights of workers. Such powers of the federal labor inspectorate are aimed at fulfilling the main function of this state body - the implementation of federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and ensuring the exercise of the right of workers to protect their labor rights.

At the same time, part 2 of article 357 of the Labor Code of the Russian Federation, limiting the right of the state labor inspector to issue orders subject to mandatory execution, takes into account the delineation of powers of state authorities, the special importance of judicial protection of labor rights and the mechanism for the enforcement of court decisions, is aimed at ensuring the supremacy of the court in resolving the dispute on the right on the merits and prevention of abuse of the right to protection against violation by the employer of labor legislation or other regulatory legal acts containing labor law norms. Otherwise, it would mean that the state labor inspector can act contrary to the court decision that has entered into legal force. Therefore, this provision does not violate the requirements of the Constitution of the Russian Federation and does not restrict the right of citizens to appeal against illegal dismissal.

We thank CADIS, the developer of regional family systems, for providing the most up-to-date judgments for this review.

Illegal dismissal has become a practice for our country. Employees who have encountered it are most often interested in whether they can be reinstated to their previous job or receive legal compensation. Only professional legal assistance upon dismissal will help defend the legal rights of the employee in such a situation.

Illegal dismissal of an employee - main types

The dismissal of an employee without his consent or in violation of the procedure established by law is illegal.

Illegal dismissal from work is classified according to the type of violations committed. In particular:

• dismissal on illegal grounds;
• dismissal on invalid grounds;
• indication of a different reason for dismissal than what was in reality;
• dismissal with proper registration of misconduct and violations job duties an employee (truancy, appearance at the workplace in a state of intoxication, violation of labor protection requirements, theft);
• dismissal with refusal to pay salary arrears;
• dismissal on reduction without actually carrying out the reduction procedure;
• violation of the procedure for warning an employee about dismissal (liquidation, reduction, etc.);
• dismissal for inconsistency with the position or qualifications, if the preliminary certification of the employee was not carried out;
• dismissal for non-compliance with the position or work for health reasons, when a medical examination has not been completed.

Often, the employer offers the employee to write a letter of resignation upon the fact of committing a disciplinary offense. The employee may agree to this, or, if he is firmly convinced that he has a case of an attempted illegal dismissal from work, refuse and not sign any documents.

Many employers take advantage of the ignorance and ignorance of their employees in the field of labor legislation. Often, the illegal dismissal of an employee is carried out without his fault, on insignificant grounds, due to legal illiteracy. officials making the appropriate decision.

Legal aid for illegal dismissal

Prompt consultation by phone or in the office of the bureau

Lawyer for labor disputes- assistance of a specialist in illegal dismissal

Consideration of cases of unlawful dismissal of an employee

Assistance in case of dismissal is provided by two instances: the state labor inspector and the court. The first has the right to conduct inspections of compliance with the rights of the employee, to give instructions to eliminate the identified violations. To do this, you must write an application to the labor inspectorate.

To apply to the court, a claim for illegal dismissal is drawn up, evidence is prepared. It's smart to ask for legal assistance and legal advice on labor issues from a professional lawyer who can achieve a favorable outcome for the employee in the case under consideration.

Legal Consequences of Wrongful Dismissal

• Recovery at work.
• Payment of compensation without reinstatement.
• Changing the grounds for dismissal of an employee. If, as a result of an incorrectly chosen ground for dismissal from work, the employee could not get a new job for some time, then he is paid compensation in the amount of average earnings for the lost time;
• In the event of illegal termination of a fixed-term employment contract, the court may oblige the employer to reinstate the employee at the previous place of work in the previous position for a period before the expiration of the contract. If the term expires when the case is considered by the court, then the basis for dismissal from work changes. Upon restoration in the same place, the experience becomes continuous.

If the court recognized the fact of illegal dismissal from work, then in work book an appropriate entry is made, as well as an entry on the restoration of the employee at the previous workplace.

Illegal dismissal from work also implies compensation for non-pecuniary damage to the employee, and regardless of the requirement set by him, solely by a court decision.

Help of a lawyer

If the employer delays the reinstatement of the employee, the competent authority issues a decision to pay compensation to the employee for the entire delay in the execution of the decision. In the absence good reasons delays for the execution of a court decision on the unlawful dismissal of an employee, the employer pays a fine (based on Article 85 of the Federal Law “On Enforcement Proceedings”).

Illegal dismissal from work is not yet a sentence. We will help you defend your legitimate interests, and will not allow the arbitrariness of employers.

In law. In cases of wrongful dismissal, you are entitled to reimbursement of financial expenses and legal costs, as well as compensation for non-pecuniary damage by recovering them in court.