Unlawful dismissal can occur for various reasons. An unscrupulous employer may forge documents confirming that the employee has committed a disciplinary offense, force the employee to resign at his own request, or make unfair staff reductions. Lawyer Vladimir Atapin told socialbites.ca about this.
“The first thing a dismissed employee should do is to collect the maximum amount of evidence that the dismissal is illegal (save business correspondence, make audio recordings of conversations with the manager, agree with colleagues to act as witnesses in court, etc.). ). If the employer requests a written explanation regarding the commission of the crime, state your position by justifying your position regarding the questions asked, without expressing your emotions.
Secondly, put a mark on the dismissal order stating that you disagree with the dismissal, explaining that it will be enough to write “disagree”.
Third action – if possible, quickly go to court to apply for reinstatement and payment for compulsory absence. The period for appealing against dismissal is only one month from the date of receipt of the labor record book or the date on which the dismissal order became known (Article 392 of the Labor Code of the Russian Federation).
“An employee has some privileges when applying to the labor court; is exempt from paying state fees, does not have to provide evidence that the dismissal was unlawful, and can file a lawsuit at his place of residence or workplace. organization or branch. Recently, the labor inspectorate and prosecutor’s office deal only with cases of industrial injuries, and for all other violations of labor rights they usually recommend that workers go to court. For this reason, there is no point in wasting time by appealing to the inspectorate and prosecutor’s office, it would be more effective to go to court immediately.”
Since the employee is the weak party, he does not need to prove the legality of the dismissal. The burden of proving that the dismissal is justified lies with the employer.
“If the court finds the dismissal illegal and reinstates the employee, then the employer will have to pay the entire period of forced absence, and since cases rarely last less than six months, the citizen receives significant compensation when reinstated. amount,” concluded the lawyer.
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