A very unpleasant event happened - you were illegally fired from your job. Not only have you lost a job that satisfies your needs, but also received a compromising entry in your work book. After all, dismissal at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation) occurs on grounds that will not decorate you in the eyes of a potential recruiter. What can be done?
Instructions
Step 1
On the day of dismissal, you must be familiarized with the order, issue a work book and pay full settlement. All this is done without fail by the employer. Failure to comply with at least one point is already a violation of the dismissal procedure and can be challenged. However, this does not mean that you do not need to sign and familiarize yourself with the order, refuse to receive a work book. This is unlikely to help. Indeed, if you refuse to familiarize yourself with the order, an act will simply be drawn up confirming your disagreement. And the work book will be sent to you by mail with a notification. As a result, the employer will have all the necessary documents on hand, and you will have a melting limitation period.
Step 2
Quite the opposite - resign as required by law and, without wasting time, contact your employer with a request to issue you certified copies of documents confirming the legality of the dismissal. Within 3 days, you must be given all the necessary copies.
Step 3
To resolve the issue of reinstatement at work, you can contact the labor inspectorate, the prosecutor's office, and the court. If gross mistakes were made during your dismissal, and you are 100% sure of the outcome of the case, you can write a statement to the labor inspectorate. However, it is necessary to take into account the fact that the term for filing a statement of claim in court is 1 month. You run the risk of missing it, waiting for the right decision. The safest thing is to go to court with a statement of claim. It is there that you can solve all the issues at once:
• recover at work;
• receive financial compensation for the days of forced absenteeism;
• receive compensation for moral damage;
• change the wording of the dismissal.
Step 4
The statement of claim will help you write in a law office. There you can also get the legal assistance you need. If this is not possible (for example, a tight financial situation), write a statement yourself in any form. It will be registered with the court on the date you bring it in for the first time. Even if errors and inaccuracies are made in it, you will correct them in the course of legal proceedings. Attach certified copies of documents confirming illegal dismissal to the application.
Step 5
If, nevertheless, the claim period is missed, but there are good reasons for this, apply for the restoration of the statute of limitations. It must also be accompanied by documents proving the impossibility of a timely appeal to the court (sick leave, telegram, etc.). If the reasons are recognized by the court as valid, the term will be restored.
Step 6
The length of the trial should not worry you, because in case of a positive decision, all days of forced absenteeism will be paid based on the average earnings. If during the period while the trial is underway, you found a new job and do not want to return, the wording of the dismissal will be changed in the work book (to dismissal of your own free will). Moreover, the new date of dismissal is the date preceding the day of hiring a new job. The former employer will compensate your forced “stay on the couch” in full.
