Often, the employee and the employer do not find a common language on certain issues, sometimes such disagreements lead to the termination of labor relations, in other words, to dismissal. At the same time, the decision to dismiss is not always mutual, that is, the employee is against terminating the contract, which the employer insists on. In this case, the employer has two ways out of the situation: to convince the subordinate to resign of his own free will, or to dismiss him in accordance with Article 81 of the Labor Code of the Russian Federation - Termination of the employment contract at the initiative of the employer.
Instructions
Step 1
Among the justified reasons for dismissal, the Labor Code of the Russian Federation cites the following: liquidation of an organization or reduction in number, inconsistency with the position held, violation of labor duties (absenteeism, drunkenness at work, disclosure of official information, violation of the Criminal Code of the Russian Federation).
Step 2
It is important for an employee to understand that if he agrees to dismissal of his own free will, regardless of how the employer achieved this consent, it will be very problematic to recover from work, as well as to prove the illegality of terminating the employment contract. If the dismissal was carried out under the article, and there are facts confirming its unfoundedness, then the dismissal can be challenged.
Step 3
In case of illegal dismissal, there are two ways to appeal:
- appeal to the labor inspectorate;
- filing a statement of claim in court.
In both cases, the employee has exactly one month from the moment he gets acquainted with the order of dismissal, or from the moment he receives the labor.
Step 4
Contacting the labor inspectorate is less labor-intensive and allows you to get a prompt decision on the issue - the maximum period for considering a complaint to the labor inspectorate is 15 calendar days. At the same time, contacting the labor inspectorate is not always effective enough. The number of complaints received by the court is very large, and the deadlines are tight. That is why complex, confusing cases are rarely dealt with here. It is recommended to contact the inspectorate in cases where there are obvious facts confirming the unjustified dismissal.
Step 5
In more complex, controversial situations, the best solution would be to file a claim in court. The claim is sent to the district court at the place of registration of the employing organization. Filing a claim will be more labor intensive than writing a standard complaint and may require the help of a lawyer. At the same time, filing a claim is a much more effective solution to the task at hand. When filing a claim for illegal dismissal and reinstatement at work, it is the employer who will have to justify the legality of the dismissal.
Step 6
In addition, if the dismissal is found illegal, in addition to the possibility of reinstatement, the employee is entitled to a number of compensations from the employer. In particular, the employer will be obliged to compensate the employee for the period of forced absence from work at the rate of average earnings, the amount of legal costs. The employee also has the right to demand compensation for moral damage.
