During the financial crisis, many companies resort to layoffs or send employees on forced leave. But the employee has the right to defend his rights. Let him not keep his job, but he will receive the due payments, even if he even has to go to court for this.
It is necessary
- - employee documents;
- - documents of the enterprise;
- - seal of the organization;
- - forms of relevant documents;
- - Dictaphone;
- - Labor Code of the Russian Federation.
If the employer decides to fire you due to a layoff, he must notify you in writing two months before the expected date of the layoff. This document is drawn up in two copies. Sign the notification, put the date for signing. One copy remains in your hands, the second is handed over to the employer.
The company must issue a dismissal order due to staff reduction, which must indicate your last name, first name, patronymic, title of the position held in accordance with the staffing table. The document must contain the seal of the company and the signature of the head of the organization. Place your personal signature on the order in the field for review. If you refuse to sign the document, the employer can draw up an act of refusal.
After signing the listed documents, continue to fulfill your work duties. After the expiration of two months, get your work book in your hands, receive your due payments, including severance pay. Within two months, if you register with the employment center, you will be paid unemployment benefits in the amount of your average monthly earnings.
When the employer decides to save on your wages, but is not going to part with you, then he has the right to reduce working hours. For this, he draws up an order and a notification also two months in advance. You need to read and sign them. In this case, you will receive wages in accordance with the actual hours worked, but retain your job.
If the employer decides to fire you, but at the same time bypass the payment for unused leave, as well as severance pay, then he may ask you to write a letter of resignation of your own free will. Such his actions will be illegal, but if you write a statement of your own free will, then you will not have to claim any payments
If the employer forces you to do this, threatens to be fired under the article, get a voice recorder and record your conversation. If you go to court, you will be able to prove the employer's guilt, receive the necessary payments, including for forced absenteeism, and also recover in the workplace.
When the employer fires you by agreement of the parties, you also benefit. In case of early termination of the employment contract, the employee is entitled to appropriate payments.
Sometimes employers certify their employees, and those who do not pass the test are fired. This fact can be challenged by employees in court.