“These tips will help even in that case, if the chief has your letter of resignation “at own will”, written under duress, says lawyer for labor disputes Yulia Golovanova. – The procedure for dismissal on various grounds detailed in the Labour code, and forcing workers to do certain actions, managers will violate the stipulated order.”
so, what to do, fired, in his opinion, a violation of the law or under duress. Manual:
Apply to the State labour Inspectorate (PCG). Now it will be even in electronic form, to go anywhere and to pester is not necessary. GIT can be seen not only wrongful termination, but disputes on non-compliance of the procedure of dismissal or improper preparation of order of dismissal. On intervene if reduced worker can’t be fired by law. This can be, for example, pregnant or single mothers. Often the pretext for dismissal “under article” can be an unauthorized absence, which is later reprimanded, and then terminated the employment relationship. If it was provoked by the leadership, to restore justice will also help the employees of GIT.
Usually the intervention of labour inspectors is sufficient to resolve many conflict situations. However, not always. And if the answer of the labour Inspectorate is not satisfied with the person, the next step is an appeal to the court. This must be done no later than one month after the date specified in the order for dismissal (article 392 TK the Russian Federation). In the lawsuit it is necessary to establish why the employee considers the dismissal illegal. If you involve a professional lawyer to argue their position will be easier. Although you can handle yourself.
After winning the case can be obtained from the employer compensation for the forced absence in the amount of average earnings.
“the Forced absence for which the person is supposed to pay compensation may arise only when the illegal dismissal – adds Julia Golovanova. – It can be the following cases: unlawful dismissal from work; unlawful transfer to another job; delayed reinstatement of the employee in the position in accordance with the decision of the Agency or the court; delay the issuance of the labor book to the employee after the dismissal or introducing into it false information about the dismissal. The basis for payment of forced absence will be the decision of the authorized body, restoring the broken rights of the employee (article 234 of the labour code)”.
