16.06.2017 |

Hillegal dismissal worker any termination of labor relations made in violation of the procedure, the norms of the Labor Code, as well as in the absence of grounds, can be recognized.

In this article you will find general grounds for appealing dismissals and you will know what can be obtained in case of recognition of the dismissal illegal.

Who cannot be fired at the initiative of the employer? Where to complain about illegal dismissal and in what order?

How long does it take to go to court for wrongful dismissal?

More about different grounds See the links below for layoffs.

We encourage you to consult with our lawyer. labor disputes Rumyantseva Valentina Yurievna(following links, lawyer) . You can book a consultation by calling+7-981-746-76-21 (on weekdays from 10 to 18)

What are the legal grounds for dismissal?

Grounds for dismissal own will is the statement of the employee, there is no statement - dismissal is illegal (article ), Grounds for downsizing (more in the article) - the decision of the employer, and at the same time, the positions must really be reduced, and not renamed, and the employee himself does not belong to a category that cannot be reduced, such as, for example, a woman on maternity leave (more in the article) .

For legal dismissal as not having passed the probationary period, there must be not only the establishment of the probationary period as such, but also confirmation of failure of the test (more in the article) .

To be dismissed for absenteeism, you need the fact of absenteeism, compliance with the dismissal procedure, and other factors, which you can read about in the article "".

For the dismissal of pregnant women and those on parental leave, the liquidation of the organization is needed, and not reorganization, change of ownership, renaming (more in the article

For legal dismissal under Art. 81, paragraph 5 of the Labor Code of the Russian Federation (repeated failure by an employee to fulfill labor duties that have a disciplinary sanction) requires a disciplinary sanction that has not been removed by the day of dismissal, evidence of the fact of non-fulfillment of duties, compliance with the procedure, etc.). More details can be found in the articles: and how it was.

Dismissal during sick leave will be legal if it is not at the initiative of the employer (with the exception of the liquidation of the organization). Read more in the article about .

What can you expect if you appeal the dismissal?

When illegal dismissal you can be reinstated at work or the wording and date of dismissal are changed, you can recover wages for forced absenteeism and compensation for non-pecuniary damage.

IN In what cases can we talk about the illegal dismissal of an employee?

First, let's look at the grounds for termination. employment contract. All of them are listed in Art. 77 of the Labor Code of the Russian Federation.

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the refusal of the employee to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

81 art. The Labor Code of the Russian Federation contains a list grounds for dismissal at the initiative of the employer, which is also not expandable.

The employment contract may be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reasons labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a), that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift);

b) the appearance of the employee at work (at his workplace or on the territory of the organization - the employer or the facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created real threat occurrence of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and obligations of a property nature, or failure to provide or provide knowingly incomplete or inaccurate information about income, expenses, property and obligations of a property nature of his spouse (wife) and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer;

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

Other cases established by the Labor Code include such grounds as the result of a test (Article 71 of the Labor Code of the Russian Federation), additional grounds for terminating an employment contract with a teacher (Article 336 of the Labor Code of the Russian Federation), with the head of an organization (Article 278 of the Labor Code of the Russian Federation), with an athlete (Article 348.11).

In addition, there are additional grounds for terminating an employment contract with civil servants, rescuers, municipal employees, etc.

In any case, if you were fired for a reason that is not provided for by either the Labor Code or the Law on your work, dismissal from work can be considered illegal and challenge it in court.

Who cannot be fired at the initiative of the employer?

Even if there is a basis in the law, there are categories of employees who cannot be fired at the initiative of the employer, so dismissal is illegal during vacation and temporary disability, except in cases of liquidation of the organization, cannot be dismissed , women with children under 3 years old, single mothers raising a child under the age of fourteen years (a disabled child - up to eighteen years old), other persons raising these children without a mother, with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 (see above) or paragraph 2 of Article 336 of the Labor Code of the Russian Federation (application, including one-time, methods of education associated with physical and (or) mental violence against the personality of the student, pupil for teachers)

Is it necessary to comply with the dismissal procedure?

Particular attention should be paid to the dismissal procedure. In some cases of dismissal, the opinion of the trade union is mandatory. In other cases, a notice of dismissal is required at least 2 months in advance (liquidation, reduction) or a mandatory offer of vacancies.

For example, dismissal under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation in the event of repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction, implies a repeated violation and, at the same time, disciplinary sanctions should be imposed for previous violations with the appropriate procedure. Before applying the penalty, the employer is obliged to request an explanatory note from you, if you refuse to draw up an act, then issue an order, give you a signature, and if you refuse, also draw up an act. In addition, there are deadlines for the imposition and removal of penalties. More in a separate article (read).

Dismissal can be recognized by the court as illegal if the grounds for dismissal of the employee are immaterial.

For a disciplinary offense, the employer has the right to apply one of the types of punishment: remark, reprimand,. So, if the court establishes that it was possible to issue a remark or reprimand for your disciplinary offense, then dismissal may be illegal. Everything is very individual, and each situation must be considered separately. Even for overlay disciplinary action the gravity of the offense must be taken into account.

Deadlines for dismissal appeals.

And the last thing you need to know about illegality of dismissal, this is what you can challenge it only within a month. Takova statute of limitations for dismissal.

Where to apply for illegal dismissal?

The right to deal with issues of dismissed employees exclusively court as this is an individual labor dispute. The competence of the labor inspectorate does not include issues of appealing dismissal!

Article 81 of the Labor Code establishes the grounds for dismissal at the initiative of the employer. An employer may terminate an employee if:

• the company is liquidated or there is a reduction in staff;
• the employee cannot perform his job duties due to low qualifications, if such a discrepancy for the position is confirmed by attestation;
• the employee grossly violated labor discipline. Dismissal is possible even in the case of a single violation;
• the worker skipped a day's work. Absence from the workplace for more than 4 hours in a row during a working day without good reason is recognized as absenteeism.
• the worker came to workplace under the influence of alcohol or drugs.
• The worker has committed an immoral act. This paragraph is most often applicable to educators.

Also, the employer has the right to dismiss the employee if, due to a reduction in staff or production, the company is forced to offer the employee another position, and the employee refused the offer. Such a dismissal is legitimate, even if the proposed position is paid lower than the previous one.

Illegal dismissal

Dismissal is recognized as illegal if it is made without sufficient reasons, or the reasons for dismissal are not established by the Labor Code and other federal laws.

Such dismissal is considered to be the dismissal of a pregnant woman or a single parent raising a child under 14 years of age. It is also illegal to dismiss employees who are on sick leave or in maternity leave. Dismissal of the specified citizens is possible only in case of liquidation of the enterprise.

Dismissal in violation of the procedure established by law is recognized as illegal. An example would be a downsizing in which the employee was not notified in advance of the impending dismissal.

When laying off staff, the employer must take into account preemptive right employee to leave at work. This right is provided Art. 179 of the Labor Code.

What should I do if I was fired illegally?

If you have been the victim of unfair dismissal, you should contact the Labor Inspectorate. By law, an illegally dismissed employee can file a complaint within a month from the date of making an entry in the work book or issuing a dismissal order. The Inspectorate considers the application within 10 days.

At the same time, the employee can apply to the court. If the court finds the dismissal illegal, the employer will be obliged to reinstate the employee in his position and pay compensation corresponding to wages for the entire period of unemployment.

The period of absence from work due to illegal dismissal is considered forced absenteeism and must be fully paid by the employer. This period is calculated from the day following the day of illegal dismissal, and until the day of official reinstatement.

The calculation of the term does not depend on how long the proceedings in the case are being held. The period of forced absenteeism is paid in full, even if legal proceedings have been conducted in different instances for several years.

In addition, the court may order the employer to pay legal costs and reimburse other expenses incurred by the employee as a result of dismissal.

The term " illegal dismissal" is a common phrase used to describe situations where an employee has been fired for no apparent legal reason or in violation of the dismissal procedure. In order to protect the interests of the employee, the legislator limited the grounds for dismissal and complicated the process of implementing this procedure. Illegal dismissal from work is a fairly common case.

To understand what unfair dismissal of an employee is, you need to understand the legal grounds. These provisions are contained in labor legislation and are not subject to expansion by the employer.

Grounds for dismissal

The list of reasons for dismissal of an employee is quite small.

So, the employer is entitled to dismiss in the following cases.

1. When an employer ceases to exist. The reasons may be different: bankruptcy, voluntary liquidation, termination of activities by decision of a government agency, and so on.
2. When for objective reasons there is a reduction in the number of employees - staff in the enterprise. The reason, for example, could be financial position, changing the type of activity and the like.
3. If the employee is not qualified enough for the position. This is revealed in the appraisal of employees. However, if the company has vacant position for which the qualification is considered sufficient, then the employer is obliged to offer the employee this vacancy.
4. A change of ownership of a business cannot in itself be a legitimate reason, but it is always accompanied by recertifications and layoffs.
5. When an employee does not follow the internal order at the enterprise repeatedly.
6. If the position implies liability an employee, then he can be dismissed if he loses the confidence of the manager in case of repeated violations of the order of doing business in his position.
7. Some businesses have employees who are responsible for corporate ethics or safety. If they violate the rules for which they are responsible, they can also be fired.
8. When an employee entered the position illegally: presented incorrect information or fake papers.
9. In case of a one-time gross violation of the rules at the enterprise.

Dismissing a person for other reasons is illegal. Each reason for dismissal must be supported by relevant documents or evidence.

What is a gross violation

The order at the workplace is established by the head, the legislator has limited situations that are recognized as a gross violation. This is done so that any minor violations or non-fulfillment of the requirements of the employer do not become a reason for dismissal.

Cases of gross violation of the rules by the following actions of the employee are presented.

1. Absence from work for minor reasons or absence from the workplace without special reasons for more than 4 hours per shift.
2. Coming to work drunk, under the influence of drugs or psychotropic substances.
3. Disclosure of information constituting an object of commercial or state secret. Also disclosure of information about other employees, their personal data and other personal information.
4. Causing property damage to the enterprise by deliberate damage, waste or misinformation. The premeditation of such an act is the determining factor.
5. Violation of safety regulations and other labor protection rules, which caused serious consequences or caused an accident or emergency.

In addition to dismissal, employees who have allowed such situations are brought to material, administrative or even criminal liability.

Loss of trust

The fact that the employer has lost confidence implies the commission of a certain guilty act on the part of the financial responsible employee. However, the very fact of the act is not a reason for dismissal, unless, of course, it is qualified as a criminal offense.

Grounds for dismissal of an employee due to loss of trust:

• the employee did not take the necessary measures to minimize the consequences of his actions, did not notify the employer in time;
• the employee refused to provide the employer with information about his income and property.

However, this does not exclude the fact that the employer is obliged to prove the guilt of the employee.

Special reasons for dismissal

Reason for dismissal certain categories employees may have the following reasons:

For teachers:

1. non-compliance with the statutory provisions educational institution;
2. violent acts of a mental or physical nature against schoolchildren, students, etc.;
3. replacement by age.

For athletes:

1. suspension for more than six months;
2. doping violation.

Such actions of these categories of workers are a reference to their professional unsuitability.

However, if their innocence is found, employees are entitled to commensurate compensation.

Examples of illegal dismissal

Termination of the employment contract for any reasons not specified in the law is considered unlawful. However, as practice shows, this is not an obstacle for employers to fire their employees.

The most common circumstances of illegal dismissal are:

• forced dismissal;
• dismissal with violations of the procedure established by law;
• dismissal without proof.

Dismissal under duress

Unfortunately, the mentality of the common people is such that, under minimal threat from the management, they write letters of resignation of their own free will. Such coercion is absolutely illegal.

However, in order to prove his case, the employee must present convincing facts of coercion. A simple statement by the employer about this can be regarded not as coercion, but as an offer.

An excellent solution would be audio and video materials that recorded this fact. But it is best not to succumb to such threats and persuasion from the employer.

Violation of the dismissal procedure

Even if there is legal grounds, violation of the dismissal procedure is a reason for recognizing such dismissal as illegal.

Thus, the law establishes the following procedure for dismissal:

• in case of staff reduction, employees must be notified no later than one month in advance;
• upon dismissal for other reasons, the employee must be notified two weeks in advance;
• you cannot dismiss an employee who is on vacation or undergoing medical treatment;
• the employee must provide a copy of the order;
• after the dismissal of the employee, no later than two weeks, you need to make a settlement with him and return the work book.

Failure to comply with this procedure is the illegal dismissal of an employee. The order on such dismissal, when considered by the court, is recognized as invalid.

Dismissal without evidence

Each reason indicated in the employer's dismissal order as a basis is confirmed accordingly.

So:

1. When dismissal is justified by repeated violations of the order, each of them must be marked with a reprimand or other disciplinary sanction, which are reflected in the register book of orders of the head. In this case, a copy of each order must be given to the employee.
2. Material damage caused by the employee must be recorded in the assessment report and the order of the head.
3. The absence of an employee from the workplace must be recorded in the attendance sheet, which is maintained by the accounting department.
4. The non-compliance of the employee with the position held must be confirmed by the conclusion attestation commission.
5. The reduction in staff should be reflected in the accounting documentation and the decision of the head of the enterprise.

The absence of proper confirmation of the grounds entails the invalidity and illegality of the dismissal.

Where to complain?

Of course, when an employee is illegally fired, he begins to seek help from government agencies. Protecting the interests of the employee is the highest priority for labor law. So what to do and where to go?

To help in the implementation of these provisions of the Labor Code can:

• enterprise trade union;
• federal labor inspectorate;
• prosecution authorities;
• district court.

Each of these institutions has the authority to protect the interests of workers.

union

Almost everyone permanent worker The company is a member of a trade union. Such an employee cannot be dismissed without the consent of the trade union body. If this happens, then a complaint should be sent to this authority.

The trade union, in turn, is entitled to send a complaint to the Labor Inspectorate, which may force the employer to return the employee to his position.

Labor Inspectorate

As already mentioned, the Federal Labor Inspectorate, or as it is also called - "labor police", has the power to coerce the employer. In addition, this body can hold the head to account.

However, the activity of the inspection ends with checking the fact that the grounds for dismissal comply with the requirements of the law, as well as compliance with the legal procedure. Other facts: testimonies of witnesses, this body does not study illegal reduction.

Prosecutor's office

This body has general supervisory powers, and in the event of a violation of the requirements of the law, it should be contacted in the first place. In addition to checking the documentation, the prosecutor's office can carry out some investigative measures to establish the truth. Therefore, this body should be contacted if there is a fact of misrepresentation of information, unfounded accusations against an employee by the enterprise, and so on.

Court

As practice shows, the highest efficiency in resolving cases of illegal dismissal is given by filing a statement of claim in court. Most court decisions in such cases are in favor of the employee.

The statement of claim is submitted to the district court in whose jurisdiction the enterprise is located. The court decision is binding on everyone, and its execution is under the control of bailiffs.

It is necessary to apply to the prosecutor's office or the labor inspectorate with the simultaneous filing of a lawsuit in court, since the first two bodies are not engaged in a thorough study of the issue.

Terms of circulation

Deadlines are also important when challenging unlawful orders to dismiss an employer. Missing them deprives the employee of the right to appeal the unlawful deprivation of work.

The following deadlines are set for filing an application with the relevant authorities.

1. A complaint must be filed with the Federal Labor Inspectorate within one month from the date a photocopy of the dismissal order was served to the employee. It is not possible to extend this period.
2. A claim to the judicial authority must also be filed no later than one month. However, if the employee manages to provide evidence that he found out about the illegality of his dismissal much later, and applies as soon as he found out, then the period may be extended.

Missing the allotted time and the absence of an appeal does not relieve the employer from liability for the unlawful dismissal of an employee.

Reinstatement at work

In the event that the dismissal of an employee is declared illegal by the court, the return to work occurs as follows:

1. Together with the court decision, the court issues a document for the executive body, which must be immediately sent to the bailiffs. The head of the enterprise is obliged to execute the decision no later than one day after that.
2. The hiring of another employee or the fact that the position has been made redundant does not prevent the illegally dismissed employee from returning.
3. It is necessary to ensure that the manager cancels the dismissal order, and does not reinstate the employee. This is important when receiving involuntary unemployment benefits.
4. The person must be notified in writing of the commencement of work. In the same letter, you must indicate the cancellation of the dismissal order.
5. Correction of inscriptions in the work book. The letter of resignation is declared invalid. Also, a person has the right to update the work book with the restoration of all available records.
6. None of the working conditions under which the employee worked before the unlawful deprivation of work is changed for any reason.
7. The employee's personal file at the enterprise is also restored and corrected, with a separate note about the court decision.
8. The worksheet is corrected and supplemented. The time during which a person was unemployed is counted as a work experience with the corresponding remuneration.

The employee has the right to compensation for all types of damage caused to him by illegal deprivation of his job. The fact of compensation for damages and the return of an unlawfully dismissed person does not exempt the employer from liability for illegal actions.

Thus, every unlawfully dismissed person is under the protection of the law. It remains only to correctly implement their legal rights. A qualified lawyer can help you with this. The most important thing is not to give up and not succumb to the persuasion of the leader, who can end everything peacefully, even in the process of litigation.

Illegal dismissal from work is the termination of an employment contract with an employee without legal justification. What should an employee who was fired in this way do? Where do I go to protect my rights and get my job back?

The legislator clearly states that in order to terminate an employment contract, one must be guided only by those grounds that are indicated in the Labor Code of the Russian Federation and others. legislative acts. This list is final and not subject to extended interpretation, in other words, an employer cannot fire an employee just because he does not like him. But there are times when one or another reason cannot be applied to an employee, but the employer ignores this fact and fires the person.

At the initiative of the employer

Termination of the contract at the initiative of the employer is regulated by Article 81 of the Labor Code of the Russian Federation. In the case when the management of an enterprise wants to get rid of an objectionable employee, it first of all refers to this article, especially since it contains a fairly large number of grounds.

The most common cases of illegal dismissal under this article:

1. Illegal dismissal due to redundancy. This ground can be illegal in two cases: when there is actually no reduction, that is, the position is renamed (and sometimes the former name is left) and another employee is hired, and when categories of employees are reduced for which this is prohibited by law (pregnant women, single parents, women with children under three years old, etc.).
2. Issue of several disciplinary actions and subsequent dismissal. In this case, it is necessary to pay attention to whether all punishments have been legally imposed. It is also impossible to impose two penalties for the same offense (for example, a reprimand and dismissal).
3. Dismissal as not passed attestation. If the check for compliance with the position held was carried out only in relation to one employee, then this is illegal. It is necessary to conduct certification of the entire department (direction of work), or all employees of the enterprise. The certification procedure must also be followed.

If the employee was fired for legal reasons, but at the same time the procedure established by law was violated, this may also serve as a reason to challenge the termination of the contract. For example, non-observance of warning terms when reducing staff.

The initiative of the employee is writing a letter of resignation of his own free will. Can a dismissal be illegal if the employee himself writes a statement about it?

In some cases, the employer may put pressure on a person to force him to write a letter of resignation. It could be creation adverse conditions at work (transfer to another room), moral pressure (nitpicking, remarks), deprivation of bonuses, leading the employee to dismissal “under the article”, etc.

If an employee feels that they are being pressured, it is necessary to start collecting evidence even before dismissal. These can be various papers (orders, memos), dictaphone recordings of conversations with the employer, etc.

It is also considered illegal dismissal when an employee wrote a letter of resignation, and then changed his mind, but the employer refused to return the application, citing the fact that he had already invited another employee. In this case, human rights will be violated:

• If the employer invited another employee only in words, and not in writing.
• If, after dismissal, he did not accept the invited employee without good reason.

The dismissed employee will need to prove that he tried to withdraw the application, that is, this must be done in writing.

Where can you turn to protect your rights?

In the event that the dismissed employee believes that his rights have been violated, and the employer did not have the right to terminate the contract with him, he can contact the relevant organizations:

• Labor Inspectorate. An employee can apply there with a statement about the violation of his rights. The GIT, in turn, must send an inspector to conduct an investigation within 10 days from the date of the person's request. You can also first go and consult with the inspector.
• Prosecutor's office. The appeal algorithm is the same, but the investigation period is increased to 30 days. Depending on the situation, the prosecutor's office may send the employee's application for consideration to the labor inspectorate.
• Court. IN this case the employee writes a statement of claim and submits it to the court at the location of the employer. This instance is the most universal, since it has the right to consider all cases of illegal dismissal, unlike the GIT, which, for example, does not consider cases if they have contentious issues about wages.

You can apply at any time to all institutions.

The employer must comply with the decision of any of the above bodies, but he also has the right to appeal the decision in turn.

The period during which the employee must have time to appeal the dismissal is determined by the Labor Code of the Russian Federation and is one month. At the same time, it can be extended if the employee can prove that he did not know that his rights were infringed.

Therefore, if an employee intends to challenge his dismissal, he needs to start this as soon as he receives a labor contract or is familiarized with the order that he is dismissed.

To prepare an application to appeal against the actions of the employer, the employee has the right to request a package of documents on his dismissal, which the employer must issue to him in three days. This must be done in writing. If the employer does not provide documents, this must be indicated in the application as an aggravating circumstance.

A period of one month is given for the employee to file a complaint, the period during which the proceedings will last does not matter. That is, he can apply even on the last day of the month.

What is the compensation for an illegally dismissed employee

If the dismissal of an employee is declared illegal, the employer must not only reinstate him in his position, but also make the following payments:

• Compensation for all days of forced absenteeism. It is paid in the amount of the employee's average earnings and is paid for all days from the dismissal to the date of the reinstatement decision.
• Compensation for non-pecuniary damage. It is paid only by court order. The GIT and the prosecutor's office do not have the authority to establish such compensation.

In addition, the employer must correct the incorrect entry in work book, and at the request of the employee, issue a duplicate in which the incorrect entry will be absent. A duplicate is issued at the expense of the employer.

A person has the right to appeal against his illegal dismissal in several instances at once. He must do so within one month. If the dismissal is declared illegal, the employer must reinstate the employee at work and pay him compensation for forced absenteeism.

Illegal dismissal is understood as a violation of the rights of an employee. Such dismissal is illegal if it was made for reasons not provided for in Labor Code Russian Federation.

Types of illegal dismissal

1. If the illegal dismissal from work occurred without legal grounds. In Art. 77 of the Labor Code of the Russian Federation sets out an exhaustive list of general grounds on which labor relations with an employee are terminated. Dismissal without explanation is also illegal.
2. If the order (procedure) of dismissal was violated. For example, the dismissal of certain categories of persons who enjoy the preferential right to stay at work: trainees, as well as highly qualified workers; in case of violation or non-compliance with the procedure for bringing an employee to disciplinary responsibility.

A gross violation of the law are cases when pregnant women, single mothers and fathers who are raising a child under the age of fourteen are illegally fired. In addition to those situations when the organization was liquidated, the dismissal of employees who were disabled or on maternity leave.

Wrongful dismissal for absenteeism

Absenteeism is one of the labor-intensive grounds for dismissal, being at the same time a measure of disciplinary action. An employment relationship can only be terminated for absenteeism if the employee's fault is established, as opposed to dismissal of employees to reduce staff. The employer is strictly obliged to comply with the procedure, as well as to prove the legality of such dismissal, i.e. the fact of absenteeism without good reason.

The dismissal procedure conditionally consists of three stages:

• Correct registration of the fact of absenteeism.
• Establish reasons for absenteeism.
• Making a decision to leave.

Procedural errors made may result in the recognition of the dismissal as unlawful in court.

The rights of an employee in case of illegal dismissal

1. Right to protection labor rights.
2. The right to file a lawsuit.
3. The right to reinstatement.
4. The right to compensation due to the employee.

Where to apply for illegal dismissal

In this case, first of all, it is necessary to contact the body for the protection of labor rights of citizens. This body is state inspection by labor. The application must be submitted no later than 1 month from the date of receipt of the dismissal order or work book.

The complaint is considered within 10 days. In addition, the employee has the right to file a lawsuit. If the dismissal is declared illegal by a court decision, then the employer is obliged to reinstate the employee in his previous position, as well as pay the entire salary that he did not receive for the entire period of forced absenteeism. In addition to these payments, the employer is obliged to compensate for other costs: moral damage, the services of a lawyer or lawyer who represented interests in court.

Obviously, illegal dismissal carries adverse legal consequences for the employer.