Where to apply for illegal dismissal
Among the justified reasons for dismissal of the Labor Code of the Russian Federation is the following: liquidation of the organization or reduction in the number, incompatibility of the position, violation of labor duties (absenteeism, appearance at work in a state of intoxication, disclosure of official information, violation of the Criminal Code of the Russian Federation).
It is important for the employee to understand that if he agrees to be dismissed at his own will, regardless of how the employer has achieved this consent, to recover at work, and also to prove the illegality of the termination of the employment contract will be very problematic. If dismissal is carried out under the article, and there are facts confirming its unreasonableness, then dismissal can be challenged.
With illegal dismissal, there are two ways of appealing:
- appeal to the labor inspectorate;
- handling of the claim in court.
In both cases, the employee has exactly one month from the moment of acquaintance with the dismissal order, or from the moment of receiving the labor one.
Appeal to the labor inspection is less labor-intensive and allows you to get an operative decision on the matter - the maximum period for considering the complaint to the labor inspectorate is 15 calendar days. At the same time, applying to the labor inspectorate is not always effective enough. The number of complaints coming to the court is very high, and the terms are compressed. That is why complex, confusing cases are rarely dealt with here. Refer to the inspection is recommended in cases where there are obvious facts confirming the unfounded dismissal.
In more complex, controversial situations, the best solution would be to file a suit with the court. The claim is sent to the district court at the place of registration of the employing organization. The filing of a claim will require more labor than writing a standard complaint, it may require the help of a lawyer. At the same time, filing a lawsuit is a much more effective solution to the task. When handling an action for illegal dismissal and reinstatement at work, it is the employer who will have to justify the legality of the dismissal.
In addition, if dismissal is found to be illegal, in addition to the possibility of reinstatement, the employee is entitled to a number of compensations from the employer. In particular, the employer will be obliged to compensate the employee for the time of forced absence from work based on the average earnings, the amount of court costs. The employee also has the right to demand compensation for moral damage.