The Labor Code protects all citizens from unauthorized actions by employers. In order not to get into the ranks of those unfairly dismissed, be sure to study the articles of the law that will allow you to defend your rights.
Instructions
Step 1
Find out if you belong to categories that are completely shrink-proof. These are pregnant women, and those who are raising a child up to three years old. And also single mothers or guardians of orphans, until the children reach the age of fourteen. The enterprise has no right to dismiss these citizens forcibly. They will be reduced only in the event of the liquidation of the organization or the termination of activities by an individual entrepreneur.
Step 2
Find out if you have a pre-emptive right to keep your job when the number of employees is reduced. It is provided to the following persons:
- employees who have two or more dependents or disabled relatives in a family who are fully supported;
- to persons in whose family there is no other independent income;
- employees who received an occupational disease or work injury during the period of work with the current employer;
- invalids of the Great Patriotic War and other hostilities;
- employees who improve their qualifications in the direction of the head on the job.
According to Article 179 of the Labor Code of the Russian Federation, these categories of citizens, with equal qualifications and labor productivity, have an advantage.
Step 3
If your rights have been violated, apply to the labor dispute committee. This department exists in most large organizations. With its help, you can try to resolve the conflict with the employer peacefully by signing an additional agreement on the payment of compensation or transferring to another position.
Step 4
It is worth contacting the state labor inspectorate if the labor dispute committee has not been organized. Hotline telephone in Moscow: +7 (495) 343-96-61, on weekdays from 9-30 to 18-00. On weekends and holidays from 10-00 to 18-00 call the mobile number: +7 (916) 085-81-03. The employees of the department will certainly advise you on all issues of interest and tell you how to deal with the tyranny of the employer. If your actions did not lead to the desired result, write an application to check the actions of the employer and their compliance with labor laws. If violations are identified, the state body will take measures to restore the employee to labor rights.
Step 5
Write a statement to the court if all of the above was in vain. This is where most of the unfairly dismissed workers successfully defend their rights.
