For many employees, dismissal is an unexpected and unpleasant moment. However, it is not always legal. And then the person has two choices: to accept or continue to seek the truth in other instances.
Instructions
Step 1
Contesting a dismissal is an individual labor dispute. The dispute can be considered both by the labor dispute committee existing at the enterprise, and by the court. A dismissed employee can decide for himself where he should turn for the protection of violated labor rights.
Step 2
In a situation where an employee decides to refer a conflict that has arisen with the employer to the enterprise's labor dispute committee for consideration, he must write a corresponding statement there. To submit an application, an employee is given 3 months from the date of his dismissal. The commission must consider the received application at its meeting within 10 days in the presence of the employee or his authorized representative.
Step 3
After consideration of the application by the labor dispute committee, a decision is made. In case of disagreement with the employee or the administration of the enterprise, it can be appealed to the court within ten days. If the commission makes a decision on the unlawfulness of the dismissal, it must be voluntarily fulfilled by the employer within 3 days. Otherwise, the employee should, within a month, receive a certificate from the labor dispute committee, which refers to executive documents. His employee then must transfer for enforcement to bailiffs.
Step 4
An employee can challenge his dismissal and immediately in court. To do this, a statement of claim for reinstatement is submitted to the court. It must clearly, with reference to the provisions of labor law and other evidence, describe the arguments in favor of the illegality of the dismissal. In addition to the request for reinstatement at work, the claim may contain claims for the collection of wages and compensation for the period of forced absence.
Step 5
At the choice of the employee, the claim is filed with the district (city) court at the place of his residence or at the location of the enterprise. When a court makes a decision in favor of an employee, it comes into effect from the moment of its announcement. If the employer refuses to voluntarily comply with the court decision, it is also subject to compulsory execution by the bailiffs.
