Reinstatement at work after dismissal under the article. Reinstatement of illegally dismissed workers. Benefits of going to court

By concluding an employment contract, each person expects to receive a constant salary, as well as the fact that the employer will fulfill all the conditions specified in the employment contract.

No employee is immune from situations where the employer violates the Labor Code. Very often, employees are faced with illegal dismissal from work.

To be reinstated after an illegal dismissal, you need to know how this procedure is carried out. In this article, how is reinstatement at work in case of illegal dismissal.

Article of the Labor Code of the Russian Federation

If we turn to legislative acts, then they do not have such a thing as “illegal dismissal”, but this does not mean that they can be fired without a reason. Illegal dismissal means the termination of an employment contract without legal grounds.

The very procedure for terminating an employment contract must be strictly observed, and you can find out about it by referring to the Labor Code of the Russian Federation. All the necessary information can be found in articles No. 71, 77, 81, 234, 278, 336, 357.

Foundations

The grounds for dismissal must be supported by law. If the employer does not refer to the regulations, then the employee with whom the employment relationship was terminated may appeal against the decision. Grounds for termination of cooperation with an employee may be:

Non-compliance with the requirements identified during the probationary period;
The desire of the employee;
Mutual decision of both parties;
Expiration of the employment contract;
Reduction of staff;
Closing an enterprise;
Violation of labor duties;
Prolonged absence from work.

Dismissal procedure

The procedure for dismissal is quite simple. It can be described as follows:

The employee agrees with the employer to terminate the employment contract or writes an appropriate application;
An order is being prepared to terminate the employment relationship with the employee;
The employee is given an order for review, after which this fact is supported by a signature;
A full settlement is made with the former employee (payment of wages for the days worked, payment of vacation and severance pay);

Severance pay is paid only when the dismissal is due to the liquidation of the enterprise or a reduction in staff.

An appropriate entry is made in the work book;
Changes are made to the internal documents of the organization.

Together with the work book, the dismissed employee also receives a dismissal order and a 2-NDFL certificate. If necessary, the former employee may request other documents that may be needed for further employment.

Any violation of the dismissal order is punishable by law. In this case, the decision of the employer can be appealed and reinstated to the previous job.

What should an employee do

If during the process of dismissal the employer deviated from the procedure specified in the Labor Code, then the issued order can be challenged. In this case, the dismissed employee should contact the state labor inspectorate.

This organization deals with the consideration of appeals related to violations of labor laws. The main positive aspects of applying to this organization are:

The speed of consideration of applications related to the illegal dismissal of an employee (the decision is made within 15 days);
Simplicity and low cost of the procedure;
The ability to bring the employer to administrative responsibility in connection with the violation of labor laws.

The disadvantages include:

A small percentage of satisfied complaints, which is associated with an insufficient number of powers of employees of the state labor inspectorate;
Delays in the processing of complaints.

The most effective way to achieve recovery after wrongful dismissal from work is to file a claim with the judicial authorities.

It is necessary to file a lawsuit in court in connection with violation of labor laws and illegal dismissal from work within 30 days from the issuance of the order.

Benefits of using the judiciary include:

High probability of satisfaction of the claim, which is explained by the large number of resources and powers aimed at identifying violations upon dismissal by the employer;
Minimum costs. Since an illegally dismissed employee is exempted from paying the state fee, financial costs are minimized;
Possibility to recover compensation for non-pecuniary damage from the employer.

The disadvantages include a rather long period for considering a claim, which may be delayed in connection with the clarification of the circumstances of the violation of labor laws.

How to appeal

To appeal against an order to dismiss an employee, you must file a complaint(when applying to the state labor inspectorate) or claim to the courts.

Since the most effective way to achieve justice is to involve the judiciary, we will consider a sample claim for wrongful dismissal from work.

Sample claim

The claim for illegal dismissal from work can be divided into 4 parts:

Preamble;
Descriptive part;
Motivational part;
Conclusion.

Let's take a closer look at each of these parts:

Preamble. Must contain the full name of the judicial authority, as well as information about the defendant and the applicant;
Description. This part indicates the reason for the appeal, and how labor legislation was violated in relation to the employee;
motivational part. It includes a description of the circumstances associated with the violation, a listing of the violated clauses of the Labor Code of the Russian Federation, as well as evidence of the employer's illegal actions. This part should additionally contain calculations on the basis of which claims are made;
Conclusion. At the end of the claim, the essence of the claim is formulated as briefly as possible. Next, a list of attached documents is indicated, and the signature of the applicant is put.

You can view the sample claim form at the following link:

How to recover

If during the trial non-compliance with the Labor Code of the Russian Federation was revealed, and the claim was approved, then a court decision is made to reinstate the illegally dismissed employee.

The employer must proceed with the execution of the court decision immediately after the announcement of the decision. According to the law, an employee must be accepted for the position from which he was dismissed, or accepted for a similar one.

Within the framework of modern realities, literally every citizen of the Russian Federation faces illegal dismissal. But not everyone is ready to take any legal action.

What it is?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and IS FREE!

The concept of "illegal dismissal" includes situations such as:

an employee for no apparent reason;
lack of legal grounds for terminating the employment contract;
inconsistency of the actions of the employer with the established legislative procedure;
an employee on maternity leave.

According to the employee, the employee should not be made redundant if the employer did not take into account the special guarantees provided for by law.

Foundations

All these and similar cases speak of the legal right to go to court for proceedings.

At the same time, issues such as:

making adjustments to the wording of the date or reason for dismissal;
reinstatement of an employee in a position, regardless of the reasons for dismissal;
compensation for compensation by the working personnel for damage caused by them to the organization, unless another option for compensation is provided for in federal laws.

Law

Lists all the grounds on which the employer has the right to officially release the employee from his position.

Often, the manager offers to write, justifying his actions by the fact that the employee cannot cope, the difficult situation at the company, vague grounds for dismissal, etc. It is not necessary to sign such a statement. This is nothing more than a provocation from the authorities.

For the dismissal of a woman on maternity leave, there is only one condition - if the organization has ceased to exist.

In all other cases, the employer does not have the right to dismiss the employee, otherwise the woman has the right to send the case to court.

Illegal dismissal

The first thing to do in case of illegal dismissal is to contact the relevant state authorities:

Labour Inspectorate.

Procedure

You can send the case to trial. However, an illegally dismissed employee can file a lawsuit with the district court before the expiration of a month from the date of dismissal. Otherwise, even the court will not be able to do anything.

If the reason for missing the deadline for filing an application is valid, the court has the right to extend the time.

A long wait for a response from the labor inspectorate is not a valid reason for extending the time limit for filing a claim.

Going to court is the most effective way to resolve this issue. Because it is in court that the employee has the opportunity to explain all violations by the employer.

For moral harm received by the management of the company, you can receive moral compensation.

Despite the listed positive aspects of this method of restoring justice, there is one "minus" that scares away even the most ardent fighters for justice - the length of the process.

You can file a complaint with the labor inspectorate and not bring the case to court. As a rule, the time for consideration of the complaint is limited to 15 days.

In addition, no documents need to be collected - just file an application (complaint). At the time of consideration of the application, the employer is called to administrative responsibility under Article 5.27 of the Code of Administrative Offenses for violation of labor laws.

Cons of contacting the labor inspectorate:

The percentage of satisfied requests is incredibly low. Exceptions are clear violations.
The stated speed of consideration of complaints in 15 days often does not correspond to reality, which will make subsequent appeal to the court impossible.

In summing up, I would like to draw the attention of illegally dismissed citizens in 2020 to an important detail: if the violation by the employer is obvious and gross, it makes sense to contact the labor inspectorate.

Required documents

The employee is obliged to collect all the necessary documents confirming that he really worked for this organization, held a certain position. In other words, an employment contract is required.

In addition, you must submit to the court:

notice of dismissal for one reason or another (for example, staff reduction);
orders and additional agreements on positions temporarily occupied by him for the duration of his work in the company;
characteristics from previous jobs about the employee;
certificate of marital status and the number of disabled citizens;
a document confirming that the organization has paid;
a document confirming the amount of wages for the last few months.

Time limit for appeal

Despite the period of 31 calendar days specified in Article 154 of the Civil Code of the Russian Federation, the trial process may drag on for a long time. And there can be many reasons for this: from the illness of the prosecutor, then a large number of other applications.

According to Article 393 of the Labor Code of the Russian Federation, the plaintiff is exempt from paying the state fee and does not bear any court costs.

Reinstatement at work

The court has the right to order the employer to reinstate the employee. However, the employee may refuse to be reinstated, which is also accepted by the judicial commission.

Is there compensation?

According to article No. 100 of the Code of Civil Procedure of the Russian Federation, the victim has the right to demand reimbursement of the costs of a judicial appeal. The expense item may include the services of a lawyer, execution and certification of papers by a notary, etc.

On the basis of Article 394 of the Labor Code of the Russian Federation, the employer is obliged to fully compensate for moral damage.

However, in order to receive remuneration, appropriate medical reports will be required, on the basis of which the final amount of remuneration is determined.

According to Article 234 of the Labor Code of the Russian Federation, the amount specified in the concluded employment contract between the organization and the employee is paid to the latter for the entire time of his forced inactivity.

Legal Consequences

In addition to the compensations specified in Articles 234, 394, the employer is obliged to restore the work experience lost during the forced inactivity.

If the place of an illegally dismissed employee is occupied, the employer is obliged to release him.

On the basis of Article 83 of the Labor Code of the Russian Federation, by mutual agreement of the parties, it is possible to transfer to a similar position without loss of wages.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Do I need to go to court if you were fired, in your opinion, illegally? Is it worth wasting time and nerves trying to defend your case? It is my deep conviction that it is imperative to fight for your rights, especially since the law provides for the possibility for an employee not only to protect his good name, but also to receive material compensation from an unscrupulous employer.

What is an illegal dismissal?

Illegal dismissal is the termination of an employment contract with an employee at the initiative of the employer without legal grounds for this.

The most common violations of labor law by employers include:

dismissal on grounds that are not provided for by law, or on a fictitious basis;

an indication of a different reason for dismissal than the one that actually happened;

dismissal without the necessary paperwork in the event of an employee committing disciplinary offenses;

non-compliance with the procedure prescribed by law when reducing staff, liquidating an organization, etc.

Employer's responsibility

Illegal termination of an employment contract and termination of employment relations for any reason hinders a person's ability to work.

The above article of the Labor Code of the Russian Federation also establishes that if the court decides to change the wording of the grounds for dismissal, then the date of dismissal must be changed to the date the court makes the decision.

And if the employee has already taken another job on the date of the court decision, the date of dismissal is changed to the date preceding the day the work began with the new employer.

Compensation for absenteeism

According to Article 394 of the Labor Code of the Russian Federation, the period of absence of an employee from work due to illegal dismissal or transfer to another job is called forced absenteeism. His time is calculated from the next day after the dismissal until the day the court makes a decision on reinstatement or changes in the wording of the dismissal. At the same time, for the entire time of forced absenteeism by a court decision, the employee paid his average salary.

Moreover, the period of forced absenteeism is not limited by law. Suppose that the lawsuit lasts a year - for the entire period of this period, the employer will be obliged to pay you your salary.

Compensation for moral damage

In addition, the employee has the right to compensation for non-pecuniary damage in cases of dismissal without a legal basis or in violation of the established procedure for dismissal or illegal transfer to another job. The amount of such compensation is determined by the court.

In accordance with paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03.04. No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, the criteria by which the court determines the degree of non-pecuniary damage include: the volume and nature of the moral or physical suffering caused to the employee; degree of fault of the employer; reasonableness and fairness of claims, etc.

Example 1

You were illegally fired, for example, in connection with a staff reduction that was not actually carried out. Your work suits you, you want to continue working in the old place.

In this case, the statement of claim must indicate that you are asking the court to reinstate you at work, as well as to recover material compensation in your favor (that is, payment for forced absenteeism and non-pecuniary damage).

Example 2

You were fired, for example, for absenteeism, but the documents were not executed in accordance with the law. You consider such a dismissal illegal, but you do not want to return to your previous employer, as you have found a new job.

Then, when applying to the court, you have the right to demand a change in the wording of the grounds for dismissal in the work book to dismissal of your own free will, as well as the recovery of material compensation from the employer in your favor.

Where to apply?

With a statement of claim for the protection of your labor rights, you should apply to the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

If the deadline for applying to the court has been missed, it is necessary to file an application with the court for the restoration of the missed deadline, indicating the reasons for the omission.

Circumstances that prevented the employee from filing a claim with the court in a timely manner may be regarded as good reasons for missing the deadline for filing a lawsuit. For example, the plaintiff's illness, his being on a business trip, the impossibility of going to court due to force majeure, the need to care for seriously ill family members (paragraph 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 04 No. 2 “On the application by the courts of the Russian Federation of the Labor Code Russian Federation".

How to write a claim?

You can read about how to draw up a statement of claim and what documents must be attached when filing it with the court in my article “Filing a statement of claim”.

I would like to draw your attention to the fact that, in accordance with Art. 393 of the Labor Code of the Russian Federation, when applying to the court with a claim for claims arising from labor relations, employees are exempted from paying state fees and court costs.

Application

Sample statement of claim for reinstatement, payment for forced absenteeism and compensation for non-pecuniary damage.

To __________________________________ District Court

Plaintiff ____________________________________________ (full name of the plaintiff, address, telephone)

Respondent ____________________________________________ (Name, address, telephone)

STATEMENT OF CLAIM

ABOUT RESTORATION TO WORK,

PAYMENT FOR FORCED AWAY TIME

AND COMPENSATION FOR MORAL DAMAGE

I worked ___________________ (position, work performed) ____ for _______________________________________ (name of organization) from __________________ (date, year).

By Order No. _____ dated ______, I was dismissed by ___________________________________________ (indicate the reason for dismissal).

I consider the dismissal illegal for the following reasons: __________________________ (specify the circumstances, based on
which the plaintiff considers the dismissal unlawful)
With _________________ (day, month, year) I do not work.

In addition, I believe that the defendant caused me moral harm by his illegal actions.

Based on the foregoing, guided by articles 22, 382, 394 of the Labor Code of the Russian Federation, articles
24, 29 Code of Civil Procedure of the Russian Federation, I ask the court:

reinstate me at work _______________ (position) in ___________________________ (name of organization).
collect from the defendant in my favor the average earnings for the time
forced absenteeism from __________________ (day, month, year) to the day of reinstatement at work.
Collect from the defendant in my favor compensation for non-pecuniary damage.

Application:

A copy of the job order
Copy of the notice of dismissal
Certificate of average earnings (in case the employer refuses you
issuance of a certificate, ask the court to request information about earnings from the Respondent or in
tax office).
Evidence of the illegality of the dismissal (in the statement of claim, you can
indicate that the employer must prove the legality of the dismissal)
Copy of the claim.

Date________________ Signature ______________________

In all countries, and ours is no exception, there are cases when the authorities make an unlawful decision to dismiss an employee or transfer him to another position. And the employee does not want to leave a cozy place at all. He really liked the work, especially since it was not far from home. Yes, and there was a terrible resentment from an unfair attitude on the part of the authorities. Wrongful dismissal must be challenged without fail.

Every dismissed person who believes that he was treated unfairly has the right to reinstatement at work. Knowing your rights is very important, and you need to fight for them, even in court. You can familiarize yourself with the rules for dismissal and what grounds for this exist in Chapter 13 of the Labor Code of the Russian Federation.

When is dismissal illegal?

In the event that the employee conscientiously performed his work, did not skip work, did not come to work drunk, did not steal anything and did not violate safety regulations, his dismissal will be considered illegal. It is also considered illegal dismissal if:

the employee was not warned in advance, for example, about a staff reduction at the enterprise;
if the specified reason for dismissal is not true and a completely different reason is indicated in the order;
when an employee is dismissed because he does not correspond to his position and does not cope with his duties, a proper certification of the employee was not carried out;
an employee is fired due to poor health, he often gets sick and cannot cope with his work, a medical commission has not been held that can confirm this;
the employee was allegedly fired due to a reduction in staff, but in fact there is no reduction;
the employee has not been paid the wages due to him.

In the event that an employee commits an official crime or some serious misconduct, the boss may offer him to quit on his own. In this case, he is doing you a favor and you must definitely agree. But if the dismissal is illegal, and the boss suggests writing a statement of his own free will, then you should know: you can’t write it, because the court will not accept your claim for consideration later.

However, if it is proved that such a statement was written under pressure and coercion, the judge must take into account and try to understand the true reasons for the dismissal. Most employers make mistakes in the preparation of such documents.

Their illiteracy in legal subtleties and unwillingness to use the services of professional lawyers leads to the fact that it is easy for a competent lawyer to prove a violation of the employee’s rights and demand significant compensation in the form of debt payments for the period of forced downtime of the employee, also demand payment for moral damages and for the services of a law firm .

Complaint to the State Labor Inspectorate

When an employee is fired, he writes a statement. Often, employers are asked to write a letter of resignation of their own free will. If you think that the dismissal is illegal, then in no case do you need to write it. After the dismissal order is issued, you can contact the labor inspectorate. This is done simply. A statement is written in which all the circumstances of the case are clearly indicated, without speculation and your judgments.

Your application must be reviewed within 15 days. The decision will be made on time if the employer has violated labor laws too obviously. In the event of difficulties arising in the consideration of the complaint, the case may be delayed, and this should not be allowed. After a period of one month, it is no longer possible to file a lawsuit in court. So the choice is yours. Or go to court right away, which will be longer and more expensive, but more likely to return your position and be reinstated in your workplace, or first try to act through the state labor inspectorate. It will be much cheaper, but there are some nuances. The case can be delayed or rejected, and service inspectors are not as professional as judges.

They have the right to conduct an administrative audit of the incident at the enterprise, review all documents and contracts, and review orders. For the rest, namely, reinstatement at the workplace, payment of any money and compensation, the inspector will still advise you to apply to the district court. If after the expiration of the prescribed period no decision has been made, then there is no more time to wait, you must urgently file a lawsuit in court for illegal dismissal.

It should be less than a month from the termination order to the filing of a reinstatement claim. Later, the matter is considered by the court only in case of extraordinary reasons for the delay. Prolonged consideration of the case by the Inspectorate is not considered as such a reason. You can first contact the labor inspectorate, and after 15 days immediately file a lawsuit in court, at the same time. Questions on reinstatement to work in judicial practice are considered within a month.

Benefits of going to court

Consideration of labor disputes in court has a number of advantages. You need to know them in order to make the right decision whether to seek help or not. A claim for reinstatement is filed with the court at the location of the enterprise. After the application is submitted, an enforcement judge is appointed to listen to your claims and consider the evidence base. The trial takes place with a thorough study of all controversial issues, with the call and interrogation of all parties to the labor dispute.

The judge considers the grounds for Only in court can you tell in detail about the dismissal procedure, about all the violations committed by the employer during this period.

Another positive point is to file a lawsuit. The unlawful dismissal of an employee assumes that the corresponding costs are borne by the employer. Based on Article 393 of the Labor Code of the Russian Federation, a dismissed employee is completely exempt from paying state duty and court costs. Also a pleasant moment will be the opportunity through the court to demand from the employer compensation for moral damage and compensation for loss of wages for the entire period that the plaintiff did not work.

Disadvantages of litigation

The only negative will be the length of the consideration of the complaint. Especially if the controversial issue has little evidence. In case of gross violation of labor legislation, reinstatement to work in judicial practice is easier, less time is spent on clarifying the circumstances of the case. If there is no valid written confirmation of the violation by the employer of the rights of his employee, then the consideration of the case may be delayed.

But lately, judges have been trying to resolve such disputes about reinstatement faster, within a month. The process can be delayed only in the case of very controversial issues. If the evidence of the illegality of the dismissal of an employee is high, then the case for reinstatement in judicial practice is considered much faster.

Preparing to go to court

Before applying for reinstatement by court order, an employee must carefully prepare in advance. Usually they are not dismissed abruptly, but the person feels and understands that everything leads to this. At the time of dismissal, the employer is unlikely to want to meet you halfway and issue all the necessary documents that the judge will require to have available. When signing an employment contract, one copy must be in the hands of the employee.

The contract must specify the salary you will receive. If cash payments are not stipulated there, but you need to take a certificate from the place of work about the salary for six months. This will be needed by the judge if the employee wants to pay the debt.

It is advisable to try to talk to the manager for the last time before filing an application with the court, to explain your reasons for not wanting to leave the workplace. You also need to warn him about your desire to go to court for reinstatement under the Labor Code of the Russian Federation. In the practice of labor disputes, there were cases when the manager did not want to check his enterprise and study the documentation by judicial assistants, and accepted an amicable agreement to reinstate the employee to his previous workplace. Even in such cases, the issue of debt payments was resolved.

What documents are required to apply to the court?

If it was not possible to agree with the manager and solve the problem of returning to the previous place of work, then you need to file a lawsuit with the judicial authorities at the place of registration of the enterprise. Sometimes the case may be referred to the court at the place of residence of the plaintiff. When filing a claim, in addition to the application, the following documents must be submitted:

work book (it should contain an entry on the number of hiring and dismissal, with order numbers);
a copy of the employment contract concluded upon admission to this place of work;
copies of orders with numbers (on hiring, dismissal, reprimands or penalties, if any);
certificate of receipt of wages for the last six months.

You can also submit any documents that confirm that you worked at this enterprise. Each document in hand must be filed with the case. This is very important, since the employer can safely say that he sees you for the first time, and you did not work for him.

Individual labor disputes

According to the court, any employee who considers his dismissal and transfer to a lower-paid position to be illegal can apply. He can, through the courts, demand compensation for the period that he was forced not to work or received less salary. Employees who do not agree with the wording of the reasons for their dismissal in the work book may sue.

Also, an employee of the enterprise can complain through the courts about the boss who did not respect confidentiality when processing the employee's data. The issues of unlawful refusal to hire a person, discrimination of his rights on the basis of nationality, pregnancy or the fact that a woman has a small child are considered.

When conducting a case, the court listens to different parties, looks through all the documents, judicial assistants are sent to the enterprise to check all the documentation. Also, if necessary, various professional experts, various witnesses can be involved, certifying your work activities at this enterprise. The employee in this process is called the plaintiff, since he filed a claim, and the manager or private entrepreneur is considered the defendant.

Judgment by the court

When applying, the employee plans that the decision to reinstate at work in court will satisfy his requirements. After a careful study of the case materials, the judge makes a reasoned decision, confirmed by labor legislation, indicating the chapters and articles of this code.

In the event that the plaintiff makes claims for compensation for material damage or other compensation, the court decision must clearly indicate the amount of the due payment. Since the trial can take a long time, according to the law, it is decided that compensation to a dismissed worker should not exceed six months' salary. If the plaintiff requires additional payments, for example, payment of a lawyer or compensation for non-pecuniary damage, the judge also determines and clearly indicates this amount. Since no state duty is charged from the employee in case of an individual labor dispute, a 50% tax is levied on additional payments at the request of the plaintiff.

When reinstated at work by a court, a person has the right to demand compensation not only for the payment to the lawyers, but also for the physical and psychological suffering caused to him. The degree of guilt of the defendant is also taken into account. But usually such compensation is small.

Reinstatement at work

If the consideration of labor disputes in court ends with a decision to reinstate an illegally dismissed employee, the employer is obliged to reinstate him in the same position on the same day. In this case, the employee submits a court decision and writes an application for reinstatement at work.

An order for reinstatement at work is issued by a court decision and given to the employee for signature. After that, it is necessary to make an appropriate entry in the work book: the entry under No. (the entry number is put, it is in this work book) is invalid, restored to the previous job. But if the employee does not want to spoil his impeccable reputation with such an entry in the book, he has every right to demand that he be given a duplicate without corrections.

In the event that the employee was transferred to a lower-paid position, then with a positive decision of the judge, he must return to his previous place of work. If the reason for dismissing an employee from work was incorrectly indicated, did the person suffer and could not get another job because of this? Through the court, he was also entitled to monetary compensation in the amount of his salary for six months. The court will also oblige the head to change the objectionable wording in the work book.

But after the court decision on reinstatement, judicial practice shows that not everything goes so smoothly. Usually a person who has thus achieved his requirements is not very welcome at his old place of work. The moral atmosphere is so tense, and the boss's nit-picking becomes so critical that a person often then independently comes to the decision to quit and write. The employee must understand this, and after a court decision and receiving monetary compensation, start looking for another job.

Illegal redundancy

When a reduction in staff is planned at an enterprise, the head, according to the law, must comply with all the rules. To begin with, it is necessary in advance, namely, to warn the employee about changes in his life two months in advance. During this time, a letter is also submitted to the employment service about the need to provide a person with an appropriate place within this period, according to his experience, length of service and education.

Also, the boss can offer another position, if, of course, there are vacancies. The employer must pay compensation to the employee if the forced dismissal occurred ahead of schedule. In case of non-compliance with these rules, an illegal dismissal on reduction will take place.

Categories of citizens who are illegal to reduce

There are several categories of workers who, under the law, in any case, do not have the right to dismiss, let alone reduce:

pregnant women;
single mothers with a young child in their arms (up to 14 years old) or raising a disabled child (up to 18 years old);
mothers who have a child under 3 years of age;
guardians of persons with disabilities under 18 years of age, who are considered one worker in the family;

a father who has a young child in his upbringing, but no mother;
a father who is the sole breadwinner in a family with three young children;
people who at the time of the reduction are on planned leave or on leave at their own expense;
people who are on sick leave at the time of the reduction;
if the employee with whom the contract was signed is not yet 18 years old, then he can be dismissed by agreement with the labor inspectorate or the inspector for minors.

In any case, upon dismissal, the employee must know his rights, be able to act professionally, defend himself, if necessary, in court. If the Labor Code is not observed in production and lawlessness of the authorities reigns, then punishment must follow without fail.

The labor collective must unite and protect the rights of employees. Unfortunately, trade union organizations in our country do not have the same strength as in other states, and often workers cannot get the necessary support. That's what the judiciary is for. You can always sue. Illegal dismissal must be punished.

Many are worried and afraid to apply, and such processes are very rare, however, as practice in other countries shows, if you wish, you can always prove your case.

Court decisions based on the application of the norm of Article 77 of the Labor Code of the Russian Federation.

Art. 77 of the Labor Code of the Russian Federation. General grounds for termination of an employment contract go to the article

Arbitrage practice

Decision No. 3A-180/2019 3A-180/2019~M-212/2019 M-212/2019 dated August 29, 2019 in case No. 3A-180/2019

On 04/03/2019, on the basis of Order No. 92 hp dated 03/22/2019, the employment contract was terminated due to the expiration of the employment contract, paragraph 2 of part 77 of the Labor Code of the Russian Federation. There are no other entries in the work book. The information contained in the statement of Granovsky V.K. on consent to run for office (dated June 28, 2019) and...

Decision No. 77-344/2019 dated August 27, 2019 in case No. 77-344/2019

Kirov regional court (Kirov region) - Administrative offenses

...Judge Fedyaev C.The. Case No. 77 - 344/2019 DECISION Kirov On August 27, 2019, the Judge of the Kirov Regional Court Steksov V.I., having considered in open court ...

Decree No. 44G-138/2019 4G-1436/2019 dated August 26, 2019 in case No. 2-3733/2018

Khabarovsk Regional Court (Khabarovsk Territory) - Civil and administrative

The term of obligatory work established by the contract. On July 20, 2017, an employment contract with Mukhovikov D.S. terminated at the initiative of the employee under clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation. In view of the dismissal of Mukhovikov D.S. voluntarily, without good reason, earlier than three years from the date of completion of commissioning in the specialty, the plaintiff ...

Decision No. 21-1005/2019 7-1771/2019 dated August 23, 2019 in case No. 21-1005/2019

The Russian Federation establishes that the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms. By virtue of clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract are, among other things, termination of an employment contract at the initiative of an employee (article 80 of this Code). According to Article 80 of the Labor Code...

Decision No. 33-5088/2019 dated August 22, 2019 in case No. 2-612/2019

Supreme Court of the Republic of Komi (Republic of Komi) - Civil and administrative

Concluded between the parties to the employment contract, on February 18, 2018, she was dismissed of her own free will in connection with retirement on the basis of clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation. According to the staffing table of Sastor-S LLC, put into effect on 01/01/2018, the head of the workshop Kravchuk I.A. established salary (tariff rate) 14 300 ...

Decision No. 21-966/2019 7-1720/2019 dated August 20, 2019 in case No. 21-966/2019

Perm regional court (Perm region) - Administrative offenses

Decision No. 21-967/2019 7-1721/2019 dated August 20, 2019 in case No. 21-967/2019

Perm regional court (Perm region) - Administrative offenses

The worker, by order of 10/22/2019, was dismissed from the indicated date. The employment contract dated 04/05/2016 was terminated on the basis of paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation at the initiative of the employee. At the final settlement, from the amounts due upon dismissal, a deduction was made in the amount of 4688 rubles 62 kopecks per ...

Decision No. 12-426/2019 dated August 15, 2019 in case No. 12-426/2019

Samara Regional Court (Samara Region) - Administrative Offenses

04/08/2019 with gr. FULL NAME5 the employment contract of 03.05.2018 No. 2018/07 was terminated upon the expiration of the employment contract p.2 of Art. 77 of the Labor Code of the Russian Federation. Attracting IP Bakhtamaeva O.S. to administrative responsibility, the court of first instance reasonably took into account that the notice of termination of the employment contract with a foreign citizen, corresponding ...

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