Advice 1: Where to apply for unfair dismissal

Often the employee and employer do not find common language on certain issues, sometimes these differences lead to the termination of the employment relationship, in other words fired. The decision to dismiss was not always mutual, that is, the employee against termination of the agreement, insisted on by the employer. In this case, the employer has two way out: to convince a subordinate to resign or to dismiss him according to article 81 of the labour code the Termination of an employment contract on the initiative of the employer.
Where to apply for unfair dismissal
Among the justifiable reasons for dismissal the labour code provides the following: liquidation of the organisation or reduction of number mismatch position, violation of work duties (absenteeism, coming to work drunk, disclosure of official information, a violation of the criminal code).
For the employee it is important to understand that if he agrees to the resignation, regardless of how the employer has achieved this harmony, to return to work, as well as to prove the illegality of the termination of the employment contract would be very problematic. If the dismissal is carried out on paper, and there are facts proving its invalidity, the dismissal can be challenged.
When a wrongful dismissal there are two ways to appeal:
- an appeal to the labour Inspectorate;
- an appeal with a claim to the court.
In both cases, the worker has exactly one month since familiarization with the order of dismissal or from the receipt in the hands of labor.
Appeal to labor inspection is less labor intensive and allows to get a quick decision on the issue - the maximum term of consideration of the complaint to the labour Inspectorate is 15 calendar days. However, the appeal to the labour Inspectorate does not always effectively. The amount supplied to the authority complaints is very high and time is short. That is why the complex, intricate cases here rarely understand. To apply to the Inspectorate recommended in cases where there is obvious evidence of the invalidity of the dismissal.
In more complex disputes, the best solution would be to appeal to the court. The claim is sent to the district court at the place of registration of the employing organization. Filing a complaint will require a lot of work compared to writing a standard complaint, you may need the assistance of a lawyer. However, filing a complaint is a much more effective solution to the problem. When dealing with a claim for illegal dismissal and reinstatement, the employer will have to justify the legality of the dismissal.
In addition, if the dismissal is unlawful, in addition to reinstatement, the employee is entitled to some compensation from the employer. In particular, the employer is obliged to compensate the employee pay for the period of forced absence from work the average-earnings calculation, the amount of court costs. Also, the employee has the right to demand compensation for moral harm.

Advice 2 : Liability of employer for wrongful termination

The unsuitable employee can be fired without a legitimate reason. In this case, the employee has the right to appeal to state authorities to prosecute the employer for wrongful dismissal.
Liability of employer for wrongful termination
In order to bring the organization to justice, it is necessary to prove that the dismissal is contrary to law. The termination of employment of employee shall be to the relevant provisions of the law, if:
1) Violated the requirements of labor legislation, for the procedure of dismissal. For example, in case of dismissal during the probation period the employer did not notify the employee 3 days prior to the date of dismissal.
2) there are No grounds for dismissal under the labour law. For example, the employee was fired for absenteeism, and he had a good reason for the absence.
As of employer liability is its obligation to indemnify the employee has not received earnings. In addition, the employee may request the court to collect from the company cash compensation of moral harm. The court will determine the amount of compensation.
In the case of illegal dismissal for the employer may come and administrative. According to the norms of legislation on administrative offenses, officials may be fined in the amount from 1,000 to 5,000 rubles or disqualification for the term from 1 year to 3 years. For individual entrepreneurs and legal entities provides for liability to a fine and suspension of activity for up to 90 days.
Officials of the employer can be held criminally liable if illegally fired pregnant woman or woman having children under 3 years. In this case, liability is expressed in the imposition of a fine in the amount up to 200,000 rubles or the amount of income of the perpetrator for a period up to 18 months. It is also possible to punishment in the form of obligatory works for the term up to 360 hours.
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