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.