How to challenge dismissal
On the day of dismissal, you must be informed of the order, issue a work book and pay a full settlement. All this is done by the employer without fail. Failure to comply with at least one point is a violation of the dismissal procedure and can be challenged. However, this does not mean that you do not need to put a signature and date of acquaintance in the order, refuse to receive a work book. This is unlikely to help. After all, if you refuse to get acquainted with the order, you will simply draw up an act certifying your disagreement. A work book will be mailed to you with a notification. As a result, the employer will have all the necessary documents, and you have a deadline for action.
On the contrary, you should resign, as required by law and, without losing time, contact the employer with an application for the issuance of certified copies of documents confirming the legality of the termination. Within 3 days you are required to issue all the necessary copies.
To resolve the issue of recovery at work, you can turn to the labor inspection, the prosecutor's office, the court. If you made serious mistakes during your dismissal, and you are 100% sure of the outcome of the case, you can write a statement in the labor inspection. However, it is necessary to take into account the fact that the period for filing a claim in court is 1 month. You risk missing it, waiting for the right decision. The most reliable is to apply with a statement of claim to the court. It is there that you can solve all the problems at once:
• recover at work;
• receive material compensation for days of forced absenteeism;
• receive compensation for non-pecuniary damage;
• change the wording of the termination.
The statement of claim will help you write in the law firm. There you can get the necessary legal assistance. If there is no such possibility (for example, a constrained financial situation), write the statement yourself in an arbitrary form. It will be registered in court on that date when you bring it for the first time. Even if mistakes are made in it, inaccuracies, you will correct them in the process of legal proceedings. To the application attach certified copies confirming the illegaldismissal documents.
If, however, the claim period is missed, but for this there are valid reasons, apply for the restoration of the statute of limitations. It also needs to attach documents proving the impossibility of timely application to the court (hospital sheet, telegram, etc.). If the reasons are recognized by the court as valid, the time will be restored.
The length of the trial process should not bother you; in case of a positive decision, all days of forced absenteeism will be paid from the calculation of average earnings. If during the period of the trial, you find a new job and do not want to return, the employment clause will change the wording of the terminationdismissal at will). And the new date of dismissal is the date preceding the day of admission to a new job. The former employer compensates for your forced "sitting on the couch" in full.