Knowledge of the Labor Code of the Russian Federation can save an employee from many troubles that sometimes arise at work. In particular, having studied their rights well, a person can protect himself from dismissal or achieve reinstatement and payment of monetary compensation if the employer nevertheless dismissed him from work.
Instructions
Step 1
Dismissal of an employee who has not passed the probationary period is a very common situation. In this case, it is important to remember two things. Firstly, it is forbidden to assign a probationary period to pregnant women, people who have passed the competition for this position, as well as young professionals who are first employed. If you belong to one of these categories, feel free to file a complaint against your boss. Secondly, upon dismissal, the manager is obliged to give you a document that tells you in detail why you are being fired. If you have not received it, contact the court and the State Labor Inspectorate.
Step 2
Do not let you be laid off on a layoff if the boss is doing it illegally. In this case, you can be fired only on condition that your superiors have documents that confirm the reduction procedure. In addition, you must receive a warning no earlier than 2 months before leaving work. If you are fired immediately, without waiting for the expiration of this period, the employer is obliged to either pay the salary for two months, or transfer you to another vacant position. In all other cases, layoffs due to layoffs will be illegal.
Step 3
Don't trust threats to fire for non-compliance. Undoubtedly, this is very unpleasant for the employee, because future employers will certainly pay attention to the reason for leaving the previous place of work. But remember that to prove your incompetence, management is required to conduct a professional certification. Moreover, it can be prescribed only if there is a good reason. Those. if there is no huge number of complaints from customers about the services or products of the company, the quality of goods and the number of defective items, etc., have not deteriorated, there is no reason to carry out certification.
Step 4
Reread your employment contract carefully. Some of his points may turn out to be illegal, and if you draw the manager's attention to this, he is unlikely to have the desire to fire you and later prove his case in court. In particular, the employer does not have the right to impose fines. If the list of disciplinary sanctions includes the use of penalties, and the State Labor Inspectorate finds out about it, your bosses will be in trouble.
