Dismissal is a release from the position held on the basis of a handwritten statement or for reasons specified in the labor legislation of the Russian Federation. This process is unpleasant and requires careful preparation. To protect yourself from illegal dismissal, you need to know about your rights.
If your boss calls you into the office and starts asking or forcing you to write a statement “of your own free will,” do not give in to pressure. If you cannot refuse right away, tell me that you need to think "until tomorrow", come up with any reason - your task is to waste time. Prepare mentally for the conversation and pick up arguments, strong arguments to defend your position. Consult with other employees about similar situations, contact a professional lawyer for help.
It is not uncommon for a manager to gather the entire workforce and demand that all employees quit their jobs of their own accord. Contact the inspectorate for the protection of labor disputes, state the circumstances in detail and ask for an explanation of the procedure for action in this situation.
It also happens that instead of being fired, they reduce the amount of work and simply reduce the salary. Most likely, this is just preparation for your future dismissal. Contact your colleagues with a request to create an initiative group, draw attention to the problem in a similar way, contact the trade union organization. Try to create a protest action.
Having learned about the upcoming dismissal, you can not wait for the prescribed two months according to the law, but terminate the employment relationship immediately. Write a statement with the wording - "I do not mind the termination of the employment contract before the expiration of the warning period", and not "I ask to fire me." If you are fired due to a layoff, feel free to ask for monetary compensation for the time spent and unused vacations.
The bosses can fire you under the article. Try not to give a reason for this, do not violate labor discipline, be punctual, forget about "good" reasons to stay at home. To dismiss for a specific violation of labor discipline, you need to follow a certain procedure. First, the employee writes an explanatory note, then an order or order of his superiors to dismiss is issued, where the employee must sign. After that, the calculation and issuance of a work book is made. If the order is not followed, the employee has the right to go to court.
If you are expecting a child (or you already have children under 3 years old; or 14 years old, but you are not married), it is almost impossible to fire you. An exception is the liquidation of the organization or guilty actions (theft or other actions that entail a loss of trust). And the employer is obliged to offer you another available vacancy if the term of the fixed-term contract expires (Article 261 of the Labor Code of the Russian Federation). You must be aware of your rights and be able to defend them.
After dismissal, you must register with the employment service. This takes 14 days. You must be employed, if this has not happened, the average earnings will remain for you for another 30 days (Article 178 of the Labor Code of the Russian Federation).
You can apply to the court, here it is important to meet the deadlines. According to the law, three months are allotted for this from the date when you learned about the violation of your right, and in disputes about dismissal - one month from the date of delivery of a copy of the dismissal order or from the date of receipt of the work book. The established deadlines can be missed for valid reasons, then the court restores them.
