How to challenge the dismissal
Day release you must submit the order to issue a work book and pay the full payment. All this is done by the employer is mandatory. Failure to at least one item is a violation of the dismissal procedures and can be challenged. However, this does not mean that you do not need to put a signature and date of review in order to unsubscribe from receiving employment record. This is unlikely to help. After the refusal in acquaintance with the order will simply be drawn up certifying your disagreement. And the work book you will be sent by registered mail. In the result, the employer will have all the necessary documents and you melting the Statute of limitations.
Just the opposite – to dismiss, as required by law and without losing the gift of time, contact the employer with the application for issuance of a certified copy of the documents confirming the legality of the dismissal. Within 3 days you must be given all the necessary copies.
To address the issue of reinstatement, you can contact tradespace, the Prosecutor, the court. If your dismissal was admitted blunders, and you are 100% confident in the outcome, you can write a statement to tradespace. However, you should consider the fact that the deadline for filing a claim in court 1 month. You risk to miss it, waiting for the necessary solutions. The most reliable is to file a claim in court. That is where you will be able to solve all the issues at once:
• to receive financial compensation for days of forced absence
• to obtain compensation for moral damage
• change the wording of the dismissal.
The statement of claim will help you to write in a law office. There you will be able to obtain the necessary legal assistance. If this is not possible (for example, the constrained financial position), write a statement themselves in any form. It will be registered in court of the date, when you bring it for the first time. Even if there are mistakes, inaccuracies, you fix them in legal proceedings. Attach to the application certified copies of supporting illegal dismissal documents.
If, however, the period is omitted, but for this there is good reason, apply to renew the period of limitation. It also need to provide documents proving the impossibility of a timely appeal to the court (sick leave, telegram, etc.). If the reasons are recognized by the court as valid, the period will be restored.
The duration of the trial you should not to worry, because in the case of a positive decision will be paid for all days of enforced idleness from the calculation of average earnings. If during the period, while there is a trial, you found a new job and do not wish to return, in the workbook will change the wording of the dismissal (on dismissal on their own). Moreover, the new termination date is the date preceding the day of admission for a new job. Former employer compensate your forced to "sit on the couch" in full.