What to do if you are illegally fired

Often in Hollywood films there is a plot twist when an employee did something wrong and he was fired overnight. Literally 10 minutes later, he stands on the threshold of the office in the rain with a box, from which various little things look out and, of course, an indoor flower.

But in Russia, labor legislation is structured in such a way that it is very difficult, even almost impossible, to fire someone. However, the employer can take advantage of the fact that the employee does not know his rights. Therefore, it is important to understand how laws work.

Why an employer can fire you

There is several occasionsLabor Code of the Russian Federation, article 81 "Termination of an employment contract at the initiative of the employer"when the company can terminate the employment contract with the employee unilaterally:

1. Liquidation of the organization or termination of activities, if the employer is an individual entrepreneur.
2. Reduction state size.
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3. Inconsistency of the employee with the position held.
4. Repeated failure to perform work duties without good reason. In this case, the employee should be subject to disciplinary action.
5. Walking without good reason.
6. Appearing at work in a state of intoxication.
7. Disclosure of a secret that is protected by law - state, commercial etc.
8. Theft, embezzlement, damage to property.
9. Violation of labor protection requirements, if it caused or could cause serious consequences, such as an accident at work.
10. An immoral act if it was committed by an employee performing educational functions.
11. Providing false documents when drawing up an employment contract.

The list doesn't end there, but these are the reasons that seem to be the most popular for getting fired. Although this list also shows that it is not so easy to get into a situation that allows you to expel an employee.

Worst of all are educators. What is an immoral act is not spelled out anywhere. So it's all up to management. (Although this does not mean that the dismissal cannot be challenged!) Including a teacher can sometimes be fired for photo in swimsuit or for objectionable opinion.

In other cases, it is not enough for the manager it seemedthat the employee violated the rules. For example, the inconsistency of an employee with the position held must be confirmed by the results of attestation, which will reveal a lack of qualifications. If a person does not come to work, this is not yet absenteeism. You need to make sure that he has no good reason, and follow a lot of procedures - if you're interested, Lifehacker has detailed article about it.

And so it is with everything else. It is necessary to fix the violation, properly draw up the documents. Otherwise, there is a high risk that the employee will challenge the violation through the courts. Moreover, he quite often takes the side of the workers. Yes, in 2021 in 53%The Supreme Court of the Russian Federation will summarize the judicial practice on disputes related to the conclusion of an employment contract / The Supreme Court of the Russian Federation cases, the plaintiff was reinstated.

For reasons that are not on the list, it is impossible to dismiss at all. For example, the Moscow Metro tried to expel supporters of Alexei Navalny from work. And their judgment restoredThe court returned to work in the subway 10 dismissed after the drain of the Navalny base / RBC.

How employers circumvent the law

Most often, the employer understands that it is not so easy to fire an employee. Therefore, he calls him and offers to write a statement of his own free will. For refusal, he directly threatens to fire him under the article, although more often he hints "otherwise you know what will happen." In this case, it is worth not thinking out and asking what will happen after all. The conversation, of course, is better to record. Usually the employee in such situations knows why he was called for a conversation.

It is important to remember: if you wrote a statement of your own free will, it will not be easy to challenge it. After all, you signed it yourself.

In such situations, it is better to issue a termination of the contract by agreement of the parties. So at least you can leave on favorable terms for you, agreeing on compensation. Lifehacker has instructionhow to do it right.

What to do if the employer fired illegally

Of course, there are cases when the head still signs the dismissal order. He can hope that he is right, or that the subordinate will accept his fate.

But it is better, of course, to fight and file a lawsuit in court. This must be done within monthsLabor Code of the Russian Federation, article 392 "Terms for applying to the court for resolving an individual labor dispute" from the moment of receipt of the work book or a copy of the dismissal order. File your claim with the district court where you live. There is no need to pay state duty.

You can draw up a statement of claim yourself (we have instruction). But it is better to enlist the help of a lawyer. If you win, the employer will compensate for the costs - and not only them.

It is important that all the time while the proceedings are going on, it is not necessary to sit without work. You can work in another place, it will not interfere with the progress of work.

What should the employer do if the dismissal is declared illegal

In case of victory in court, the company must:

• Restore the employee in the same place - if he wants. You can also use this option if you want to quit by agreement of the parties and try to get even more money. You will be reinstated in the company, and you will be able to start negotiations with the management on what conditions you will leave the company. Because it is obvious that none of the parties is interested in you staying there.
• Replace the entry in the work book: indicate the reason for terminating the employment contract as "voluntarily" if you no longer want to be associated with this company.
• Pay the average monthly salary for the period from the day of dismissal to the day of reinstatement or a court decision.
• Pay court costs and legal fees.
• Compensate for moral damage if it was proved in court.

Natalya Kopylova