How to challenge dismissal
On the day of your dismissal you should be familiarized with the order, issue a work record and pay the full payment. All this is done by the employer on a mandatory basis. Failure to comply with at least one item is already a violation of the procedure for dismissal and can be challenged. However, this does not mean that you do not need to put a signature and the date of familiarization in the order, to refuse to receive a workbook. It is unlikely that it will help. After all, in case of refusal to familiarize with the order, an act will simply be drawn up certifying your disagreement. A workbook will be sent to you by mail with a notification. As a result, the employer's hands will have all the necessary documents, and you will have a melting statute of limitations.
Just the opposite - quit, as required by law and, without losing the gift of time, contact the employer with a statement about the issue to you of certified copies of documents confirming the legality of the dismissal. Within 3 days you are required to issue all the necessary copies.
To resolve the issue of reinstatement at work, you can contact the labor inspectorate, the prosecutor's office, the court. If at your dismissal gross mistakes were made, and you are 100% sure of the outcome of the case, you can write a statement to the Labor Inspectorate. However, it is necessary to take into account the fact that the term for filing a claim in court is 1 month. You risk missing it, waiting for the right decision. The most reliable is to file a claim in court. It is there that you can solve all the questions at once:
• recover from work;
• receive material compensation for the days of forced absenteeism;
• receive compensation for non-pecuniary damage;
• change the wording of the dismissal.
The claim you will be helped to write in the law office. There you can get the necessary legal assistance. If there is no such possibility (for example, constrained financial position), write the application yourself in any form. It will be registered in court on the date when you bring it for the first time. Even if errors and inaccuracies are made in it, you will correct them in the process of legal proceedings. Attach to the application certified copies confirming illegalfiring documents.
If, however, the statute is missed, but there are good reasons for this, submit an application for the restoration of the limitation period. To him also need to attach documents proving the impossibility of timely appeal to the court (sick-list, telegram, etc.). If the reasons are considered valid by the court, the term will be restored.
The duration of the trial should not worry you, because in case of a positive decision, all days of forced absenteeism will be paid on the basis of average earnings. If during the period while the trial is in progress, you have found a new job and you do not want to return, the wording of the dismissal will be changed in the workbook (tofiring of their own accord). Moreover, the new date of dismissal is the date preceding the day of admission to a new job. Former employer compensates for your forced "sitting on the couch" in full.