When a dismissal is legal
- Your qualifications or health condition do not meet the job requirements.
- You are violating the terms of the employment contract, and this can be proved.
- You skip work – you are absent for more than three working hours a day.
- You spend more than 4 months on sick leave (except for maternity leave).
- You drink or take drugs at work.
- You steal.
You can be fired if the enterprise is shut down or being reorganized, and such dismissal will also be legal.
In any case, you should get a clear explanation and evidence for your dismissal. You should know about the dismissal 2 months in advance.
When dismissal is illegal
- An employee is fired when they are on holiday, maternity or sick leave.
The law lays down a period of 4 months which makes an employee safe from dismissal within this time frame. Many people do not know about this or ignore this rule.
- For being late (up to 3 hours) or the first violation of duties.
An employee can be dismissed only if they get a reprimand after the first violation, and commit another one after that. The reprimand is valid within a year. After that a new violation must be reprimanded again.
- Dismissal of single mothers with children under 14 years old or children with disabilities.
- Staff reduction.
How to protect yourself
the period for applying to court is 1 month from the date of dismissal, and it is important to observe it.
We recommend that you immediately go to court.
In court, you will need the evidence proving that you were employed at the enterprise, and that your dismissal was illegal.
Evidence that you were working at the company. Often management doesn’t want to recognize the fact that you are their former employee. There has been cases when the management persuaded other employees to pretend they don’t recognize their dismissed colleague. So, you have to pull yourself by your own bootstraps: gather evidence.
Your evidence should include:
- An employment contract if you had any.
- Employment record.
- Letter of appointment.
- Report on the accrual of Unified Social Tax.
- A statement from the employment center about your enrollment.
- Evidence can even include recordings of your conversations in a smoking room with your colleagues or recordings with instructions from your boss.
The more evidence, the better. If you find out that the management has plans to fire you, start collecting the information.
Proof of innocence. If you could not go to work because your child was sick, and you have a note from a doctor, that’s one thing. But it sometimes happens that you do not have any documents, so you can not prove anything. Then you will need an attorney.
Based on the results of our work, you will be re-employed at the company, get an average wage compensation due to forced absence along with compensation for moral damage and legal aid costs.
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