If you were fired at the initiative of the employer and you do not agree with this, then in some cases the job can be returned and compensation for the entire period of the forced downtime. When terminating an employment relationship unilaterally, the employer must comply with all the rules and draw up all documents in accordance with the requirements of the Labor Code of the Russian Federation.
Necessary
- -statement
- -copy of documents on the basis of which you were fired or laid off
- - work book and its copy
Instructions
Step 1
The employer can terminate the employment relationship on his own initiative in cases provided for by labor legislation. If the employee does not correspond to the position held; violates discipline; lost confidence, which applies only to financially responsible persons; divulges official secrets.
Step 2
In all cases of termination of an employment contract by the employer, an act of violation, a written reprimand with punishment, a written explanation from the violator must be drawn up. All documents are signed by the commission created to consider this violation and the violator. If this procedure is not performed before the dismissal, then the dismissal is considered illegal.
Step 3
In case of redundancies at the enterprise, pregnant women cannot be fired; women with children under three years old; single mothers or fathers; parents with many children; employees on sick leave or on vacation. The employer is obliged to notify in writing about this fact two months before the layoff and offer a job in another department or in another specialty. Pay a reduction allowance for two months in the amount of average earnings. If the laid-off worker registers with the labor exchange and he fails to find a job in two months, the employer will be forced to pay for the third month for the layoff.
Step 4
If the company is liquidated, then all employees are laid off, without exception, regardless of what category they belong to. All are paid redundancy benefits. This is the only case in which the job cannot be returned and no one can force the employer to reopen the enterprise.
Step 5
In all other cases, if you think that you have lost your job illegally and unfairly, apply to the court, to the labor inspectorate, to the prosecutor's office. After consideration of your application and an investigation into the dismissal or layoff, you may be reinstated in your workplace.
Step 6
The employer will be forced to do this. If he does not follow the instructions of the authorized bodies, a large administrative fine will be imposed on him and a case will be opened up to criminal prosecution.
