Amazing collections. Steve McDonald: Amazing Collections
There is a persistent feeling of anxiety in the air. The ruble is falling, investors are leaving, and nothing foretells the growth of the Russian economy in the near future. In addition to the fears that you will have to switch to buckwheat and relax only in the Moscow region, another one appears - the fear of losing your job. And although experts say that you shouldn’t be too afraid and it’s not 2008, just in case, we asked a lawyer to tell us how to defend your rights when fired, an HR specialist to tell you how not to find yourself without a job, and a psychologist to tell you how to do all this been through.
Maria Volkova
lawyer at the law firm "Leontyev and Partners"
You can’t just fire someone like that, or force them to write a letter of resignation for at will no one is allowed. An employee may be fired due to staff reduction. If a mass layoff is imminent, then at a minimum the employment service at the employer’s location must be notified about this.
The employee must be notified of the layoff at least two months in advance. The same applies to changes in working conditions. In addition, he is required to offer him all available vacant positions that suit his profile. An agreement can be reached with the employee under which he will be paid two average monthly earnings - the employee no longer goes to work, but the conditions are met. If there are no vacant positions, then, after working for two months, the employee receives a benefit in the amount of two months' average earnings - he can also receive for the third month, provided that within two weeks after dismissal he joined the labor exchange and was given a certificate stating that Within a month they could not find him a job.
There are situations when companies are supposedly making cuts, but in fact they want to fire a more expensive employee in order to hire someone cheaper in his place. In this case, the bet remains. Such a reduction will be recognized as illegal and the dismissed employee will be reinstated, and the employer will have additional headache- he will have to deal with the new hired person.
The position of our courts is that the employee is always right. The employer will have to prove the legality of dismissing the employee. If any of the conditions required for redundancy are not met, the employee will be reinstated, and the court will determine what compensation must be paid to the employee. The employee is entitled to his average monthly income for the period when he was on forced absence - for the entire duration of the trial. Such a decision is subject to immediate execution, regardless of whether it is subsequently appealed or not.
When an employer sees that an employee is determined, it's easier for him to come to an agreement than bringing a case to court
There are many application forms on the Internet - you can file a claim without a lawyer. You can file a class action: it is cheaper to hire one lawyer together with your dismissed colleagues. Getting a one-time consultation on your situation, telling a specialist how the dismissal happened, and getting advice is inexpensive. Then you can act independently. If an employee is paid a gray or black salary and is officially entitled to some kind of minimum, it is clear that the employee can only count on what he received as white wages. In this case, you need to calculate whether the game is worth the candle. And don’t forget: when an employer sees that an employee is determined, he often tries to come to an agreement so as not to bring the matter to court.
Maria Pavina
Head of Headhunting Company Representative Office
Cornerstone in St. Petersburg
According to my estimates, there is now no obvious trend towards massive layoffs, as was the case in 2008. Rather, we can note some stagnation in certain markets. As a rule, when something unusual happens in a country's economy, industries such as banks, development, real estate and startups are the first to suffer. Foreign companies are experiencing significant stagnation and reductions today due to geopolitical situation. Suffice it to recall the story of the closure of the Valio representative office in St. Petersburg, associated with the imposed sanctions. If we talk about the economy as a whole, then we must understand that the more high-tech production, the less subject to fluctuations it is: companies that use low level automation, outdated technologies - high-cost companies.
They usually lay off those employees whose work has minimal impact on business results - these are administrative personnel performing support functions, marketers, PR and HR specialists. In some cases, companies lay off expensive employees, preferring to retain proven performers.
Let's not lie: if you suspect that you may be fired, then you understand on what grounds. If you worked great, were not late, and there were no complaints against you, then most likely your suspicions are the result of general panic. In any case, a conversation with the employer is always appropriate: you can come to him and ask whether such a risk really exists and how to avoid it. In fact, no employer wants to part with its employees due to scandals. It makes sense to discuss the conditions under which the reduction or dismissal will be made. If an employee is effective and truly brings value to the employer, then he is unlikely to be laid off.
Don't dismiss freelancing:
as soon as you have been laid off, you can quickly post (on the same social networks) information that you can work on a project basis
If you were laid off illegally, do not be afraid to go to court. Today in Russia, judicial practice is such that employees often win. But they are very afraid to go to court and waste time and money. They don’t know that they don’t always need an expensive lawyer. If we are talking about significant parachutes, then the help of a lawyer will be needed, but if the case concerns an employee with average earnings, in many cases you can defend yourself on your own, relying on judicial practice and carefully reading the law. Yes, it will take some time, but if the dismissal was illegal, then it always makes sense to sue. At a minimum, you need to write a complaint to the Labor Inspectorate.
After an official layoff, you should not forget about the employment service, even if it seems humiliating to you. We have a tool for managing the labor market: some of the payments due to you are borne by the employer, and some of the payments you can receive through the employment service. This is often forgotten.
If you are suddenly laid off, use contacts from your immediate circle. Many people are now using social media for job search - both personal and specialized, such as LinkedIn, because this method is often effective.
Select a list of companies that may be of interest to you and contact them directly. Targeted search always works well. U large companies and companies that take an active social position, and also have an account on social networks - this is also a chance, it works.
Don’t dismiss freelancing: as soon as you are laid off, you can quickly post (on the same social networks) information that you can work on a project basis. This helps you get through the job search period. You can think about changing the industry segment and moving to a more stable one. For example, if you worked in a bank, it makes sense to evaluate where else your skills could be useful.
If you were laid off from a high-paying position, monitor the market for average compensation for specialists at the same level. There is such a thing as an “overheated market” - when applicants ask for too much high price for your work. This is where you may need the help of a headhunter to help assess the relevance of your request. When we are looking for a job with a regular source of income, we have the opportunity to ask for more compensation and choose the best, but when we lose it, sometimes there is simply no choice. But there is a need to quickly close the hole in the budget and give up high expectations.
Yulia Burlakova
trainer, psychologist-consultant, development specialist
and implementation of corporate culture
Any crisis era is stressful for a person. During a stressful period, our mental, physical and communicative immunity drops. All Last year We are observing an alarming background that has led to the fact that we have all become weak, frail, and often not as able to work as before. Understanding that today we are constantly in a state of stress, we need to know that there are three levels of adaptation to stress: tactical, medium-strategic and strategic.
Three levels of adaptation to stress
Tactical level. Imagine, the budget has been cut, the boss is worried and takes his anxiety out on you. In this case, your anxiety about being fired increases. At this moment, you urgently need to resist stress and make yourself feel good at the basic level, physical level- take a walk, breathe some air, go to the nearest temple if you are a believer, or grab a cup of coffee. When internal resources is not enough, you need to fall for external source resources: food, air, sleep.
Mid-strategic level. Try to evaluate what is happening in your market, how much you are worth. If there is an overabundance of specialists in your profession, you understand that your position is unstable, protect yourself - go to Coursera.org and take a certified course for $50 to brighten up your resume. This will not make the crisis go away, but you will be a little more adapted to it. It is important to start doing at least something that will strengthen you professionally, careerally and financially in the next six months to a year. Try to be proactive in your production. A crisis - beautiful time in order to show the employer that he will be worse off without you.
Strategic level. Since you are afraid of layoffs, it’s time to ask yourself a serious and unpleasant question: am I even doing this in my life? Will my unique abilities and natural inclinations? If we work in the zone of our natural inclinations, where we are as competitive and authentic as possible, then no one and nothing can resist us. If you are an ENT specialist, as they say, you are unlikely to be fired, because you are doing everything right at the strategic level of communicating with yourself. The strategic level of adaptation to stress welcomes crises. As we have all heard a million times: a crisis is both a danger and an opportunity at the same time. The potential of any crisis is to reveal a new and strong self. If you obsessively hold on to this job to get money, then this is wrong, because of this you find yourself in an unstable position.
If the tyrant has bothered you, but you cannot slam the door, because there will be nothing to eat, work for him for another three months, but save some money during this time
Learn to build your life more autonomously and wisely. Wise people They know that they should always put some money aside so that they have a cushion for nine months in advance in case of an unforeseen situation. We all should have learned this back in 2001, after the first elections. Those who did not see the light then should think about it now.
If the boss puts pressure and hints that you are not welcome at the company, you can look at this problem from a different angles. First, you can perceive the aggressor as a personal trainer: you mentally tell the boss “I won’t let myself be eaten” and fight with him. Second, you realize that all your bosses turn out to be tyrants over and over again. If you constantly lack the courage to leave destructive circumstances and all your bosses devour you, ask yourself the question: how do I build my relationship with my boss if I always end up with a tyrant? Can this aggressor teach me something, or is this a destructive situation, because of which I only lose my strength and find myself in a debilitating dependence on this structure?
If the tyrant is annoying you, but you can’t slam the door because there will be nothing to eat, stay in the company for three months, start saving money and find yourself a new job during this time.
What to do if they want to fire you - the first action should be to understand what is happening, as well as the possibility of this procedure. Most often there is a specific reason, and if there is not, then there is no possibility of dismissal. Otherwise, the employer will have to pay both severance pay and compensation.
How to protect yourself
When you are fired from your job without reason, there are several ways to avoid this incident:
- explain to the employer that dismissal will be followed by legal proceedings, which will lead to reinstatement at the previous place of work, in the same position and with the same salary;
- agree to dismissal only if your requirements are met, that is, do not resign of your own free will, but draw up a written agreement that spells out all the requirements, including the amount of compensation;
- if you have already been fired, then you need to sue the manager, demanding reinstatement. This procedure is possible if there is confidence that the dismissal is illegal. It is necessary to prove that the statement was written under duress;
- you should not be afraid of your superiors, since they also have their own superiors, and you can go to your superior and explain to him that the consequences are inevitable, and this is a blow to the reputation of the organization.
The fact that all relations between the manager are prescribed in legislation and the employment contract requires attention. Anything that is not stated there cannot be a reason for dismissal.
Types of dismissals
Dismissal may vary. Most common case, if they want to dismiss an employee at their own request. To do this, he is forced to write a letter of resignation. But this is not entirely legal. An application of one's own free will must be supported by the desire of the employee himself. Dismissal has several main types, in addition to what has already been indicated:
- retirement. Such dismissal simply transfers the employee to new status. At the same time, the employee himself decides whether to retire or not;
- staff reduction. With this option, compensation is paid. There is one more nuance. Upon dismissal, the employee receives (if available) the opportunity to move to a vacant position;
- reorganization or closure of an organization. You also receive compensation for dismissed personnel and employment opportunities;
- if you have not passed a medical examination or certification. In this case, you need to remember that the data medical examination can be used to get pension provision. If it is proven that the injury or loss of health occurred in the workplace, then there will be every reason for this. At a minimum, you can receive sufficient monetary compensation;
- Dismissal for health reasons is possible only with the conclusion of a medical commission. All other cases of too frequent illness without absenteeism do not matter.
Each dismissal must be regulated and supported by grounds that do not contradict the Labor Code or the employment contract.
Even with staff reductions, there will need to be reasons for this. And if there are no such grounds, then the organization will receive a penalty from the labor inspectorate and supervisory authorities. For this reason there is no need to be afraid legal proceedings. Because it is there that you can protect your rights and receive moral compensation in the form of finances and reinstatement at your previous place of work.
Agreement Requirement
If you are offered to resign of your own free will, the employee may require an agreement, which will be certified and officially supported. Dismissal by agreement of the parties has several significant advantages:
- the employee himself negotiates all the conditions under which he can resign;
- the entire financial side of the issue is spelled out, including the amount of compensation;
- with this type of dismissal there are no problems in future employment;
- Any requirements can be included in the agreement.
For the manager, this type of dismissal will also be beneficial, since the agreement is officially registered, the whole process will be legal. Thus, after dismissal, the employee has no chance of reinstatement or receiving any funds from management other than those specified in the agreement. Financially, the agreement is more beneficial for the employee, but for this everything must be agreed upon in writing.
Threat of dismissal
Most often, you can quit and find another job with the same income. For example, a person has qualifications and experience that will allow him to earn more in a new place wages. But this doesn't always happen. Sometimes you can't lose your place. This is possible due to financial difficulties or the many privileges that come with workplace and position. In this case, you need to know how to stay at work if you are threatened with dismissal:
- establish contact with management, and it is worthwhile to establish normal working relationships;
- you can jump over the manager's head and establish contact with his superiors. This can help if the boss personally has a negative attitude towards the employee;
- have good qualifications that allow you to maintain the possibility of successfully passing the certification. This approach is necessary if the boss wants to fire you under an article or put pressure on you;
- The boss should not be afraid to show knowledge of laws and the labor code. This will, at a minimum, make him think about whether it is worth trying to forcefully fire the employee;
- it is advisable to try to take difficult task, which requires a long execution. This will reduce the chances of being fired. If, of course, you do exactly this work;
- do not be late and do not commit violations;
- even under pressure, do not break subordination, and do not succumb to provocations;
- study TC, as it has a lot interesting provisions. For example, it lists the categories of people who are laid off or fired last;
- wait out the threat while on sick leave. If sick leave is issued, then it is impossible to dismiss the employee during this period. To be dismissed, a medical board's conclusion of unsuitability is required. In other cases, without absenteeism and on time, sick leave will completely protect against dismissal.
The main thing to remember is that everything prescribed by job responsibilities and technical regulations must be fulfilled. At the same time, anything that was not written down can under no circumstances be considered a reason for dismissal. Any court will return the position and money for the non-working period of time. In addition, it is possible to receive compensation for moral damage.
Special cases
There are several options for action after realizing that management has decided to get rid of an employee. In the first development of events, work is not so important. There could be many reasons for this. For example, there was a desire to leave voluntarily or there is a vacancy elsewhere. Procedure:
- If you want to leave, you don’t have to leave of your own free will. You can try to negotiate and get compensation. If management wants to get rid of an employee, then they will agree to a meeting;
- it is necessary to seek dismissal due to staff reduction or by mutual agreement, if latest version you need to correctly draw up all your requirements and include them in the documents;
- You should not show your boss that the employee has other work opportunities. This will reduce compensation and cash flow;
- Until there is accurate data on your future job, you shouldn’t quit.
If this work is necessary, then first of all you need to calm down and consider why they can fire you and for what reason. In addition, under these points, dismissal will be made with an indication of the reason. Therefore, it is necessary to consult with a specialist who will advise on the legal provisions relevant to a particular case. The principle of action here is different from the decision to leave:
- voluntary dismissal will reduce the chances of reinstatement;
- needs to be studied regulations and your employment contract;
- increased work will help the manager come to the realization that it is not worth firing the employee, since there are other options;
- if the work is done well, and there are good qualifications, then a normal manager will not fire his employee and will not even think about it;
- staff reduction implies the possibility of moving to another position. This is enshrined in legislation;
- if the employee is retired or undergoing treatment, then there is no possibility of dismissal;
- There is no need to be afraid of being fired under the article. This is only possible if there are actual violations;
- a damaged work book can be changed through judicial intervention. You can also just start a new one. When applying for a job, first there is an interview and hiring, only after that you will need a work permit, which is needed when applying.
Any unfair dismissal can be appealed and the employer will pay all necessary funds for the time that the employee lost. It is also possible to recover all funds unpaid for work, including vacation pay or salary upon dismissal.
Study of the Labor Code of the Russian Federation and the employment contract
The legislation protects the interests of not only the employer, but also the employee. It is for this reason that the employee must remember that everything written in the documents is his main protection. Even with a copy employment contract You can go to court if the employer does not comply with its terms. The main thing is to always know what is written in it. Any work must be supported by knowledge of one’s rights and responsibilities:
- the study of the employment contract is possible before the signature has been put, that is, everything that is written in it must suit the employee;
- studying Labor Code can be carried out even in work time, the legislation does not stipulate that this cannot be done;
- any advanced training can be read specialized literature at work. This is both useful and will increase authority among management;
- Understanding your responsibilities should be paramount. If something is not included in the duties that are provided job descriptions and the contract, then this may not be fulfilled. At the same time, changes in duties must be agreed upon with the employee and the official;
- standing up for your rights should be expressed in knowledge of the laws, and not in the emotional expression of your displeasure. All this will only speed up the dismissal;
- upon dismissal, an appeal is possible within a month, so you need to remember that from the moment of dismissal you must collect all evidence base illegality of the decision;
- court decisions will not occur for a short time It will take a long time for the court to make a final verdict. This may be necessary in order to conduct a full-scale investigation that will confirm or refute the plaintiff's claim.
Even the boss's understanding that the employee knows his rights will help save his job. All employees should remember that their rights are protected by law. Any violation on the part of the employer means the possibility of holding him accountable.
However, if you analyze the situation, you can understand that losing one job can be a real chance to take a leap forward and build a more successful career.
Where to begin?
Step one: take the documents from your old job.
On the last day you must receive:
- order to terminate the employment contract;
- personal card;
- work book.
The work book must be filled out in accordance with Resolution No. 225 (approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69).
It would be a good idea to ask for copies of work-related documents. The most necessary of them is a certificate about the amount of earnings for which insurance premiums(approved by order of the Ministry of Health and Social Development of Russia dated January 17, 2011 No. 4n).
Step two: conduct an analysis.
What was wrong with your old job? Have you felt that work is not fun? Or maybe you thought that the salary was lower than necessary? Or did you work late and didn’t go on vacation for a year and a half because of a tyrant boss? If you answered “yes” to at least one of these questions, then fate has given you a good chance to fix everything and get the job you’ve long dreamed of.
Step three: create a list of requirements for a new job.
Decide what exactly you want to do. Even within the same specialty there can be different directions. Decide where you want to work. What schedule suits you, what salary do you want?
Update your resume. Most likely, you haven’t thought about it for a long time. During this time, you probably have new experience, which is worth bragging about.
And most importantly: remember that you are a good employee. Quitting one job is a springboard to new career heights, not a failure. Even Steve Jobs was once fired from Apple.
Step four: tune in to the positive and go into battle.
Often, former bosses instill in us a feeling of insecurity and uselessness. Forget about them! Surround yourself with people who will boost your self-esteem and help you to good thoughts. If you can relax before starting a new job, relax! Go to the seaside or at least outside the city.
And start looking for a new job. There are many ways, from job sites to word of mouth.
Psychologist's opinion
“Unplanned job loss is a blow not only to financial stability, but also by self-esteem. The stress experienced is sometimes so paralyzing that it is no longer possible to think constructively. At the same time, negative experiences can be used for your benefit, for example, by learning to see better underwater rocks in a difficult office life.
Having received a work book in your hands, it’s time to say to yourself: “I have abilities, knowledge, experience, and many companies are looking for an employee like me, and I can prove it!” To begin with, it is useful to clearly formulate for yourself the criteria for the job you are looking for. This is the job title job responsibilities, features of management, corporate culture of the company, work schedule, maximum permissible distance from home and “fork” in salary. See how realistic your expectations are, whether similar vacancies exist on the labor market, and whether the requirements for the employer match what you can offer. Adjust your goal if necessary.
To avoid delaying the search for a new job, it is important to organize yourself. Make a written plan for the week, which will describe your activities in detail - how much time you will devote to updating your resume, compiling cover letters, preparing for interviews, from what day will you start responding to vacancies, how many letters will you send per day. In other words, become your own mindful leader who plans, guides, and monitors your job search activities. And don't forget about self-motivation. Reward yourself with small gifts after completing your planned tasks and remind yourself that passing interviews is a very rewarding experience in itself. interesting experience, helping to broaden your horizons and hone your communication skills.”
Where to look for a new job?
It is better not to limit yourself to any one search method. Choose as much as possible.
Exchange
To “join the stock exchange”, you need to come to the employment service office within 14 days after dismissal with a passport, work book, and a certificate of average earnings for 3 months. last place work.
Within 10 days after submitting your documents, you will be asked to review the vacancies found by the service. If there are no suitable ones, you will be declared unemployed and will try to find new offers.
If you decide twice that the offered vacancies are not suitable, you will be removed from the register and lose your unemployed status. To try your luck at the labor exchange again, you will have to wait a month.
As long as you are considered unemployed, you receive benefits. In accordance with Article 33 of the law Russian Federation“On employment in the Russian Federation”, the Government of the Russian Federation established in 2012 minimum size benefits for unemployed Russians in the amount of 850 rub., maximum - 4,900 rub. The amount of the benefit is set as a percentage of the average earnings for the last three months at the last place of work.
One of the most effective ways job search involves posting your resume on a portal where employers and job seekers meet. As a rule, the list of vacancies there is much wider, and the salary level is higher than those offered at the labor exchange. The applicant has more opportunities to quickly search for work and meet with potential employers, because he communicates with them directly. The main thing here is to correctly compose a resume, open it for employers to view, and respond to emerging vacancies yourself.
Newspaper
Back in the days when the Internet was not so widespread, newspapers with recruitment advertisements managed to gain a part of the audience. And now they remain popular among the older generation.
As a rule, newspapers are published weekly, so you should buy them on the day of publication and immediately start calling employers that interest you. Most of them are medium and small companies.
Recruitment agency
Many companies turn to recruitment agencies to find the best employees. And sometimes they are ready to pay a good fee. But for job seekers the services are usually free. In addition, the recruitment agency can provide consulting services: help improve your resume, give recommendations on how to pass an interview, etc.
Jobs can find you anywhere
To paraphrase famous saying, in finding a job - all means are good. Don't get stuck, try everything. And involve your friends, even if there are no HR specialists among them. After all, in good companies HR managers often listen to their colleagues. If your friend can recommend you or give you contacts, this is another chance. What if work is waiting for you right there?
“For the first time in my life I was asked to leave my job last year. I lost my position as head of department marketing communications, being on probationary period. There was no reason to rejoice. A serious specialist who has proven himself here too, did not pass the test. I decided to go to the seaside, recharged myself with new strength... and very quickly received an offer for another job with a higher salary. Of course, this is a merit of good work experience, but I think a positive attitude also played a role. New job- a new step, no matter how you stepped on it.”
If an employee is fired without explanation or given a reason for terminating the employment contract that is not provided for by law, his rights are violated. He must protect them by contacting the State Labor Inspectorate or the court. How these authorities can help you will learn from this article.
At work, a situation may arise when the management of the organization begins to feel hostility towards an employee. In this case, it is best to leave, but often there are no legitimate reasons, and the employee is satisfied with everything and does not want to leave of his own free will. Some employers in this case try to solve the problem amicably and offer to conclude a dismissal agreement with payment of severance pay and other preferences, and some begin to put pressure on the employee to write a statement of his own free will, or even dismiss him without explanation. By doing so, they violate human rights and expose themselves to the threat of prosecution. After all, an employee who has been fired from work usually has no idea what to do. He does not know that the company will be in serious trouble if he seeks protection of his rights.
What could be the reasons for dismissal?
First, let's find out what legitimate reasons dismissals at the initiative of the employer are provided for by labor legislation. All of them are listed in Article 81 of the Labor Code of the Russian Federation:
- liquidation of an organization or termination of the activities of an individual entrepreneur;
- reduction of the organization's workforce;
- incompatibility of the employee with the position held or the work performed;
- repeated failure by a person to perform work duties without good reasons(in the presence of disciplinary action);
- gross violation employee's work duties even for the first time, if this appearance at work is in a state alcohol intoxication, absenteeism, disclosure of trade secrets or disclosure of personal data of another person;
- committing theft of someone else's property or embezzlement at work (if there is a verdict or court decision);
- violation of labor protection requirements, if it led to serious consequences;
- guilty actions of a financially responsible person, which led to a loss of trust on the part of management;
- presence of an unresolved conflict of interest;
- committing an immoral offense incompatible with the position of a teacher or educator;
- provision of false documents on education, qualifications or experience during employment.
In addition, there are a number of reasons that relate strictly to the leaders of the organization, for example, a change in the owner of the company or the director making an unfounded decision that caused damage to the company. This list is open, since clause 14 of Art. 81 of the Labor Code indicates other reasons determined by federal legislation, which in practice gives the right to expand the list for individual economic entities and institutions. There are no other options. You cannot write in your work book about personal hostility or violation of the dress code. Therefore, the actual reason for dismissal cannot contradict the legally established one.
Inconsistency with the position held and loss of confidence
Of this long list, the most dangerous for employees can be considered inconsistency with the position held and loss of trust. Other guilty actions of the employee must have documentary evidence, and most citizens know about this. Therefore, they believe that it will not be possible to simply attribute absenteeism to the employer. But loss of trust is a subjective concept and does not require proof. Such a reason for dismissal in the application form can ruin your career.
In reality, everything is completely different. Loss of trust can only be a consequence of proven guilty actions of the employee. Therefore, the director cannot simply decide that he no longer trusts this person. Likewise, he cannot recognize that a person does not meet the requirements of a professional standard or position. Such a conclusion can only be made by a special qualification or certification commission. Therefore, if a person receives threats of this kind, he may not worry if he has not committed any violations and no one has checked his qualifications.
Forced resignation
Sometimes the company's management tries to hire an unwanted employee, as they say, by starvation. They threaten him with dismissal “under article” or other punishments, demanding that he write a letter of resignation of his own free will. It is noteworthy that even if a person agrees, he can still challenge it in court if he can prove the fact of coercion.
Fired from work without reason: what to do
If illegal dismissal does take place, the employee has every chance to defend his rights. He can contact:
- to the State Labor Inspectorate (SIT);
- to the prosecutor's office;
- to court.
In this case, you can contact three of these places at the same time. This is due to the fact that all three authorities provide different ways violated rights. If the State Tax Inspectorate and the prosecutor’s office can check the organization and issue administrative penalty with an order to eliminate violations, the court can immediately reinstate the person at work, as well as oblige the employer to pay him compensation for forced absence. The court decision on reinstatement at work by virtue of Articles 394 of the Labor Code of the Russian Federation and 396 of the Labor Code of the Russian Federation must be executed immediately. But a person can go to court on this matter only within one month from the date of delivery of a copy of the order of dismissal from work or from the date of issue of the work book. If he did not receive these documents, the countdown of the period begins from the moment when he became aware (should have become aware) of the violation of his rights. However, such appeals to the court are not subject to state duty.