Recover from work after illegal dismissal. We reinstate those illegally dismissed at work. Consequences of illegal dismissal for the employer

In all countries, and ours is no exception, there are cases when the management makes an unlawful decision to fire an employee or transfer him to another position. And the employee does not want to leave the cozy place at all. He really liked the job, especially since it was not far from home. Yes, and there was a terrible resentment from the unfair attitude from the authorities. Illegal dismissal must be challenged without fail.

Any laid-off person who believes that he or she has been treated unfairly has the right to reinstatement. It is very important to know your rights, and you need to fight for them, even in court. You can get acquainted with the rules for dismissal and what grounds for this exist in Chapter 13 of the Labor Code of the Russian Federation.

When dismissal is illegal

In the event that an employee conscientiously performed his job, did not skip, did not come to work drunk, did not steal anything and did not violate safety procedures, his dismissal will be considered illegal. Dismissal is also considered illegal if:

• the employee was not warned in advance, for example, about the reduction of staff at the enterprise;
• if the specified reason for dismissal does not correspond to reality and a completely different reason is indicated in the order;
• upon dismissal of an employee for the fact that he does not correspond to the position held and does not cope with his duties, the employee was not properly certified;
• an employee is fired due to poor health, he is often sick and does not cope with his work, a medical commission has not been held, which can confirm this;
• the employee was fired, allegedly due to staff reduction, but in reality there is no reduction;
• the employee has not been paid the salary due to him.

In the event that an employee commits an official crime or some serious misconduct, the boss may offer him to resign on his own. In this case, he is doing you a favor and you must definitely agree. But if the dismissal is illegal, and the boss offers to write a statement of his own free will, then you should know: you cannot write it, since the court will then not accept your claim for consideration.

However, if it is proven that such a statement was written under pressure and duress, the judge should take into account and try to understand the true reasons for the dismissal. Most employers make mistakes in the preparation of such documents.

Their illiteracy in legal intricacies and unwillingness to use the services of professional lawyers, leads to the fact that it is easy for a competent lawyer to prove violation of the employee's rights and demand significant compensation in the form of debt payments for the period of the employee's forced downtime, as well as demand payment for moral damage and payment for the services of a law firm ...

Complaint to the state labor inspectorate

When an employee is fired, he writes a statement. Often employers are asked to write a letter of resignation of their own free will. If you think that the dismissal is illegal, then in no case should you write it. After the order of dismissal is issued, you can contact the labor inspectorate. This is done simply. A statement is written in which all the circumstances of the case are clearly indicated, without speculation and your judgments.

Your application must be reviewed within 15 days. The decision will be made on time if the employer has clearly violated labor laws. In case of difficulties arising in the consideration of the complaint, the case may be delayed, but this cannot be allowed. After the expiration of one month, it is no longer possible to file a claim in court. So the choice is yours. Or go to court right away, which will take longer and more expensive, but there are more chances to return your position and recover in the workplace, or first try to act through the state labor inspectorate. It will be much cheaper, but there are some nuances. The case may be delayed or rejected, and the inspectors of the service are not as professional as the judges.

They have the right to conduct an administrative check of the incident at the enterprise, review all documents and contracts, and familiarize themselves with the orders. For the rest, namely, reinstatement in the workplace, payment of any money and compensation, the inspector will still advise you to contact the district court. If no decision is made after the due date, then there is no more time to wait, you need to urgently file a lawsuit for illegal dismissal.

It should be less than a month from the order of dismissal to filing a claim for reinstatement. Later, the court considers the issue only in case of extraordinary reasons for the delay. A prolonged examination of the case by the inspectorate is not considered for such a reason. You can first contact the labor inspectorate, and after 15 days, immediately file a claim in court, at the same time. Issues of reinstatement to work in judicial practice are considered within a month.

Pros of going to court

Consideration of labor disputes in court has a number of advantages. You need to know them in order to make the right decision whether to seek help or not. A claim is filed for reinstatement at work in court at the location of the enterprise. After the application is filed, an executive judge is appointed to listen to your claims and review the evidence base. The proceedings are carried out with a thorough study of all controversial issues, with the summons and interrogations of all parties to the labor dispute.

The judge considers the basis for Only in court can you tell in detail about the procedure for dismissal, about all the violations committed by the employer during this period.

Another positive point to take legal action. The unlawful dismissal of an employee implies that the employer bears the costs involved. Based on Article 393 of the Labor Code of the Russian Federation, a dismissed employee is completely exempted from paying state duties and court costs. Also, a pleasant moment will be the opportunity through the court to demand from the employer compensation for moral damage and compensation for loss of wages for the entire period that the plaintiff did not work.

Cons of litigation

The only drawback will be the duration of the consideration of the complaint. Especially if the controversial issue has little evidence. In case of a gross violation of labor legislation, reinstatement to work in judicial practice is easier, less time is spent on clarifying the circumstances of the case. If there is no valid written confirmation of the violation by the employer of the rights of his employee, then the consideration of the case may be delayed.

But recently, judges have been trying to resolve such disputes about reinstatement at work faster, within a month. The process can be delayed only in the case of very controversial issues. If the obviousness of the illegality of the employee's dismissal is great, then the case for reinstatement to work in court practice is considered much faster.

Preparing to go to court

Before applying for reinstatement by a court decision, an employee should carefully prepare in advance. Usually they are not fired abruptly, but the person feels and understands that everything leads to this. At the time of dismissal, the employer is unlikely to want to meet you halfway and issue all the necessary documents that the judge will require. When signing an employment contract, one copy must be in the hands of the employee.

The contract must indicate the wages you will receive. If cash payments are not specified there, but you need to take a certificate from the place of work about the salary for six months. The judge will need this if the employee wants to pay the debt.

It is advisable to try to talk to the manager for the last time before filing an application with the court, to explain your reasons for not wanting to leave the workplace. You also need to warn him about your desire to go to court for reinstatement at work according to the Labor Code of the Russian Federation. In the practice of labor disputes, there have been cases when the manager did not want to check his enterprise and study the documents by court assistants, and accepted an amicable agreement to restore the employee to his previous workplace. Even in such cases, the issue of debt payments was decided.

What documents are required to go to court?

If it was not possible to agree with the head and solve the problem of returning to the previous place of work, then you need to file a claim with the judicial authorities at the place of registration of the enterprise. Sometimes the case can be sent to court at the place of residence of the plaintiff. When filing a claim, in addition to the application, the following documents must be submitted:

• work book (it must contain a record of the number of hiring and dismissal, with order numbers);
• a copy of the employment contract concluded upon admission to this place of work;
• copies of orders with numbers (about hiring, about dismissal, about reprimands or penalties, if any);
• certificate of receipt of wages for the last six months.

You can also submit any documents that prove that you worked in this company. Each document on hand must be filed to the file. This is very important, since the employer can calmly declare that he is seeing you for the first time, and you did not work for him.

Individual labor disputes

Accordingly, any employee who considers his dismissal and transfer to a lower-paid position to be illegal can apply to the court. He can, through the court, demand compensation for the period that he was forced not to work or received less wages. Employees who do not agree with the wording of the reasons for their dismissal in the work book can file a claim.

Also, an employee of an enterprise can complain through a court against a boss who did not respect confidentiality when processing employee data. The article deals with the issues of the unlawful refusal to hire a person, discrimination of his rights on the basis of nationality, pregnancy or the fact that a woman has a small child.

When conducting a case, the court listens to different parties, examines all the documents, court assistants are sent to the enterprise to check all the documentation. Also, if necessary, various professional experts, various witnesses can be involved, certifying your work activity in this enterprise. The employee in this process is called the plaintiff, since he has filed a claim, and the manager or private entrepreneur is considered the defendant.

Making a decision by the court

Upon submission, the employee plans that the court reinstatement decision will satisfy his requirements. After a careful study of the case materials, the judge makes a reasoned decision, confirmed by labor legislation, indicating the chapters and articles of this code.

In the event that the plaintiff makes claims for compensation for material damage or other compensation, the court decision should clearly indicate the amount of the due payment. Since the trial can last for a long time, according to the law, it is decided that the compensation for the dismissed employee should not exceed the salary for six months. If the plaintiff demands additional payments, for example, the payment of a lawyer or compensation for moral damage, the judge also determines and clearly indicates this amount. Since in an individual labor dispute the state duty is not collected from the employee, 50% tax is levied on additional payments at the request of the plaintiff.

When reinstating at work in court, a person has the right to demand compensation not only for the remuneration of the employees of the Bar, but also for the suffering caused to him, both physical and psychological. The degree of the defendant's guilt is also taken into account. But usually such compensation is small.

Work recovery procedure

If the consideration of labor disputes in court ends with a decision on the reinstatement of an unlawfully dismissed employee at work, the employer is obliged to reinstate him in the same position on the same day. In this case, the employee submits a court decision and writes an application for reinstatement at work.

An order is issued for reinstatement at work by a court decision and given to the employee for signature. After that, it is necessary to make an appropriate entry in the work book: the entry under number (the entry number is put, it is in this work book) is invalid, restored at the previous job. But if the employee does not want to spoil his impeccable reputation with such an entry in the book, he has every right to demand that he be given a duplicate without corrections.

In the event that the employee was transferred to a lower-paid position, then with a positive decision of the judge, he must return to his previous place of work. If the reason for the dismissal of an employee from work was incorrectly indicated, the person suffered and could not get another job because of this? Through the court, he was also entitled to financial compensation in the amount of his salary for six months. Also, the court will oblige the manager to change the objectionable wording in the work book.

But after the court's decision on reinstatement to work, judicial practice shows that not everything goes so smoothly. Usually a person who has achieved his requirements in this way is not very welcome at his old place of work. The moral atmosphere is so heated, and the boss's nagging becomes so critical that a person often then independently comes to a decision to quit and write.

Illegal dismissal by reduction

When the company plans to reduce the staff, the head, according to the law, must comply with all the rules. To begin with, it is necessary to warn the employee in advance, namely two months in advance, about changes in his life. During this time, a letter is also submitted to the employment service about the need for this period to provide a person with an appropriate place, according to his experience, length of service and education.

Also, the boss can offer another position, if, of course, there are vacancies. The employer must pay compensation to the employee if the forced dismissal occurred ahead of time. In case of non-observance of these rules, illegal dismissal will take place.

Categories of citizens whom it is illegal to cut

There are several categories of workers who, according to the law, in any case do not have the right to fire, let alone cut:

• pregnant women;
• single mothers with a small child in their arms (up to 14 years old) or raising a disabled child (up to 18 years old);
• mothers who have a child under 3 years of age;
• guardians of disabled people under 18 who are considered one working in the family;

• a father who is raising a young child, but no mother;
• a father who is the only breadwinner in a family with three small children;
• people who, at the time of downsizing, are on a planned vacation or on vacation at their own expense;
• people who are on sick leave at the time of reduction;
• if the employee with whom the contract was signed is not yet 18 years old, then he can be dismissed by agreement with the labor inspectorate or the juvenile affairs inspector.

In any case, upon dismissal, the employee must know his rights, be able to act professionally, defend himself, if necessary in court. If the Labor Code is not observed in production and the lawlessness of the authorities reigns, then the punishment must follow.

The work collective must unite and protect the rights of employees. Unfortunately, in our country, trade union organizations do not have the same strength as in other states, and often workers cannot receive the necessary support. This is what the judicial authorities are for. You can always file a lawsuit. Illegal dismissal must be punished.

Many are worried and afraid to apply, and such processes are very rare, however, as practice shows in other countries, if you wish, you can always prove your case.

In the face of fierce labor competition, the employer can resort to breaking the law in order to fire an employee. In this case, each employee has the right to state protection and can not only recover to illegally abandoned work, but also receive compensation for this time. Timeliness of appeal and a correctly built line of defense will allow achieving positive results in the shortest possible time.

Illegal dismissal under the Labor Code of the Russian Federation

The Labor Code of the Russian Federation contains more than a dozen articles regulating the legal relations of the parties upon termination of a work agreement. Wrongly terminated is a contract in which the established norms were not observed. The legal consequences of illegal transfer and dismissal, if proven, can cause not only material harm to the employer. Responsibility for illegal dismissal of an employee is nominated both on an administrative and a criminal scale.

The contract is not terminated by law if:

• The employee was forced to write a statement under pressure;
• The employer falsified the reason for the termination of the relationship;
• The compensation sums were incorrectly paid.

Any of the reasons must be proven in court.

Illegal dismissal - where to go

An employee with whom the employment contract was terminated incorrectly can apply to any of the proposed authorities, one by one or simultaneously:

• Federal Labor Inspectorate. This authority can exclusively conduct an internal investigation at the enterprise at the employee's request. The detection of falsified data gives the inspector a basis for further appeal to the court;
• Prosecutor's Office. This executive body is empowered by the data submitted in the application, using the necessary legal instruments for this;
• Court. The judicial body is both an inspection and a punitive instance. That is why going to court has the most rapid and serious consequences.

Any selected body will require from the employee not only a correctly drawn up statement, but also an evidentiary basis for the illegality of termination.

Illegal Dismissal Statement - Sample

To file a claim in court, a person dismissed from work must comply with the conditions for territorial appeal.

The application should indicate:

• Legally correct data on all three sides of further office work;
• The cost of the claim;
• Outline the essence of the violation;
• Post links to the law;
• Provide evidence of unlawful dismissal from work;
• Express the essence of the requirements.

A statement to the prosecutor's office on illegal dismissal - sample

By submitting an application to the prosecutor's office, an employee can afford a more comprehensive expression of his claims. The complaint can reflect not only the essence of the fact that happened, but also describe the facts preceding the event.

The application must contain:

• Information about the applicant and the organization that canceled the contract with the employee;
• The essence of what happened in a reasoned form;
• Data confirming the stated facts;
• Request for investigation.

Any statement or complaint can be challenged by the employer. Therefore, a prerequisite for a positive outcome of the case is the provision of evidence.

Calculation of compensation for forced absenteeism in case of illegal dismissal

If the issue of improper dismissal from work is proven, the employer is obliged not only to restore the person at his workplace, but also to pay compensation for the time spent outside the service.

When calculating compensation, all days from the moment of suspension from work to the moment of reinstatement are considered. For the calculation according to the code, the average wage of one working day is taken and multiplied by the number of days of suspension.

Recovery to work after illegal dismissal

The court's decision to reinstate an illegally dismissed employee at work gives rise to the following events:

• Cancellation of the order to terminate the employment relationship;
• Calculation of compensation for simple and non-pecuniary damage;
• Making adjustments to the last entry included in the employee's personal card; Correction of entries in the work book;
• Restoration of experience.

Often, further work with the management is not possible and the employee himself leaves after reinstatement.

The term of restoration at work in case of illegal dismissal

Labor disputes are resolved quickly enough. In court, such cases are of paramount importance; they have 30 days for their consideration. But in practice, clarification of all the circumstances may take a longer time, up to 3 months. Reinstatement at work takes place within the time frame established by the court, after 10 days of data on appeal against the decision.

Cases when the decision to dismiss will be illegal.

To answer the question posed, consider the case of dismissal of an employee under clause 9, h. 1, Art. 81 of the Labor Code of the Russian Federation - the adoption of an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization. It is the dismissal on the above grounds that is most often recognized by the courts as illegal.

It should be noted that, on this basis, it is possible to terminate an employment contract only with the head of the organization (branch, representative office), the deputy head and the chief accountant and only in cases of their making an unreasonable decision, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization.

According to Part 1 of Art. 273 of the Labor Code of the Russian Federation, the head of an organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and by local regulations, it manages this organization, including performing the functions of its sole executive body.

Consequently, on the basis provided for in paragraph 9 h. 1 Article. 81 of the Labor Code of the Russian Federation, the head, his deputy and the chief accountant of any legal entity, regardless of the form of ownership, can be dismissed.

Clause 48 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" states that when deciding whether the decision made was unfounded, it is necessary to take into account whether the above adverse consequences occurred as a result decision and whether they could have been avoided in the event of a different decision. At the same time, proof of the occurrence of adverse consequences as a result of an unreasonable decision by the head, deputy head and chief accountant lies with the employer.

Thus, the employer must prove not only the unfoundedness of the decision and the existence of damage, but also the causal relationship between the employee's unreasonable decision and damage to the organization's property, which is often very difficult to do.

Arbitration practice.

Consider a controversial situation that was being dealt with in a regional court.
In the Ruling of the Nizhny Novgorod Regional Court dated 19.01.2010 in case No. 33-254 it is stated: Order No. 16 dated 21.09.2009 and. about. of the director of the organization, citizen V. was dismissed for making an unreasonable decision that resulted in a violation of the safety of property, its unlawful use and (or) other damage to the property of the organization (clause 9, article 81 of the Labor Code of the Russian Federation).

From the materials of the case and the cassation appeal, it appears that the chief accountant V. was dismissed for making an unreasonable decision to pay for polycarbonate according to the estimate number 87 dated 06/01/2009 to the contractor on the basis of the acceptance certificate for the construction of the facility, while she made a decision on the write-off of the specified material (polycarbonate) under the act of April 30, 2009 for the equipment of the facility under construction, as well as for the unjustified write-off of the specified polycarbonate in April 2009.

From the explanations presented in the case materials and. about. director of the organization, it follows that on 01.06.2009 the enterprise signed a work contract No. 07/06, according to which the contractor undertakes to carry out a set of works on the construction of the facility under construction in accordance with the estimated calculation No. 87. This calculation provides for the use of polycarbonate in the amount of 20 sq. m in the amount of 4,206 rubles. The cost of polycarbonate is included in the total estimated cost of RUB 27,595. The head of the organization in the explanations indicates that according to the acceptance certificate of 15.06.2009 No. 07/06, the organization accepts the result of the work, and the chief accountant V. makes an unreasonable decision to transfer funds in full in the amount of 27,595 rubles, despite what she knew about the use in these works of polycarbonate purchased by the organization in April 2009.

However, the employer did not present evidence to the court that the actions of the chief accountant V. resulted in adverse consequences for the organization, such as: violation of the safety of property, its unlawful use or other damage to the property of the organization.

As follows from the materials of the case, according to the act of checking material values \u200b\u200bof 10.09.2009, drawn up with the participation of the administration of the organization, polycarbonate in the amount of 20 sq. m, which was purchased for the equipment of the facility under construction. This circumstance casts doubt on the fact of violation of the safety of property, its illegal use or other damage to the property of the organization, in this case by the plaintiff.

The defendant's reference to the fact that in July 2009 it was revealed that the volume of work performed did not correspond to the estimate number 87, which was recorded in the act of checking the financial and economic activities of the organization dated July 21, 2009, cannot be taken into account by the judicial board as evidence of the unjustified actions of the main accountant V., since the payment on 16.06.2009 under the contract for the device of the facility under construction by payment order No. 151 was made after the signing on 15.06.2009 by the parties of the contract for the acceptance of the work performed, according to which the contract works meet the customer's requirements established in the contract No. 07 / 06 from 01.06.2009.

Thus, by a court decision, the chief accountant of the organization was reinstated at work due to the lack of proof of the occurrence of adverse consequences as a result of her unjustified decision.

The procedure for reinstating an unlawfully dismissed employee at work.

The employee's disagreement with the dismissal gives rise to an individual labor dispute, which, by virtue of Art. 391 of the Labor Code of the Russian Federation, upon an employee's application for reinstatement at work, is considered directly in court.

The employee has the right to apply to the court for disputes on dismissal within one month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book, while he is exempted from paying duties and payment of court costs (Articles 392, 393 of the Labor Code of the Russian Federation).

Cases on reinstatement at work are considered in a district court with the obligatory participation of a prosecutor and must be resolved before the expiration of a month.

According to Art. 394 of the Labor Code of the Russian Federation, if the dismissal is recognized as illegal, the employee must be reinstated in his previous job. In addition, a decision is made to pay the employee the average earnings for the entire time of the forced absence or the difference in earnings for the entire time of performing lower-paid work.

By virtue of Art. 396 of the Labor Code of the Russian Federation, the decision to reinstate an unlawfully dismissed employee at work, to reinstate an employee at his previous job is subject to immediate execution. If the employer delays in the execution of such a decision, the body that adopted it shall issue a ruling on payment to the employee for the entire delay in the execution of the decision of the average earnings or the difference in earnings.

A court order or a court decision on reinstatement at work is subject to immediate execution (Article 211 of the Code of Civil Procedure of the RF) Consequently, reinstatement at work is not made dependent on the moment when the court decision comes into legal force.

In accordance with paragraph 4 of Art. 36 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter referred to as the Law on Enforcement Proceedings), the requirements contained in the executive document for reinstatement of an unlawfully dismissed employee must be fulfilled no later than the first working day after the day of receipt of the executive document in division of bailiffs.

According to Art. 106 of the Law on Enforcement Proceedings, the requirement for reinstatement of an unlawfully dismissed employee contained in the executive document is considered to be actually fulfilled if the employee is admitted to the performance of his previous job duties and the order (order) on his dismissal is canceled.

In case of non-fulfillment by the employer of the requirement to reinstate the dismissed employee at work, the bailiff takes the measures provided for in Art. 105 of the Law on Enforcement Proceedings, and explains to the employee his right to apply to the court or other body that has made a decision on his reinstatement at work, with an application for the recovery from the employer of the average earnings during the forced absence or the difference in earnings for the entire time from the date of the decision on reinstatement at work on the day of execution of the executive document.

Article 105 of the Law on Enforcement Proceedings instructs the bailiff-executor, if the employer fails to fulfill the requirement to reinstate at work within the period established for voluntary performance, to issue a resolution on the collection of the performance fee and set a new time limit for the employer to fulfill the requirement.

If the debtor fails to comply with the requirements contained in the enforcement document, without good reason within the newly established time limit, the bailiff shall impose a fine on the debtor, provided for in Art. 17.15 of the Administrative Code of the Russian Federation (for officials - from 10,000 to 20,000 rubles; for legal entities - from 30,000 to 50,000 rubles), and sets a new deadline for execution.

In case of non-fulfillment of the requirements contained in the writ of execution, within the newly established period, the penalty will be higher:

• for officials - from 15,000 to 20,000 rubles;
• for legal entities - from 50,000 to 70,000 rubles.

It should be noted that according to Art. 120 of the Law on Enforcement Proceedings, in the event of failure to comply with the requirement to reinstate an unlawfully dismissed employee at work, the damage caused to the organization by the payment of sums of money to the specified employee may be recovered from the head or other employee of this organization guilty of non-execution of the enforcement document.

How to draw up a canceling entry in the work book.

In accordance with Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer must issue the employee with a work book and make a settlement with him. Upon written application of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work.

An entry in the work book about the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation with reference to the relevant article, part of the article, paragraph of the article.

In the case discussed above, the entry in the work book will look like this:

Further, we draw the attention of the employer that in accordance with clause 30 of the Rules for maintaining and storing work books, making forms of work books and providing employers with them, approved by Decree of the Government of the Russian Federation No. 225 dated 04.16.2003 (hereinafter referred to as the Rules), a change in the record of dismissal of an employee in case of recognition unlawful dismissal is made by recognizing it as invalid and making a correct entry. In accordance with clause 10 of the Rules, all entries are made in the work book on the basis of the corresponding order.

Clause 1.2 of the Resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69 "On approval of the Instruction for filling out work books" (hereinafter - Instruction No. 69) provides an example of an entry in the work book in this case: "The entry for the number so-and-so is invalid, restored to the previousbot". In column 4, reference is made to the order (order) or other decision of the employer to reinstate at work.

Court decisions based on the application of the norm of Article 394 of the Labor Code of the Russian Federation.

Art. 394 of the Labor Code of the Russian Federation. Making decisions on labor disputes on dismissal and transfer to another job

Arbitrage practice

Resolution No. 44Г-290/2019 4G-4101/2019 of August 28, 2019 in case No. 2-2171 / 2018

Supreme Court of the Republic of Bashkortostan (Republic of Bashkortostan) - Civil and Administrative

The law is consistent with Part 2 of Art. 394 of the Labor Code of the Russian Federation, by virtue of which, in the event that dismissal or transfer to another job is recognized as illegal, the body considering an individual labor dispute decides to pay the employee an average earnings for the entire period of forced absenteeism or the difference in earnings for the entire time of performing lower-paid work. According to Art. 139 TC ...

Resolution No. 44Г-135/2019 4G-1654/2019 of August 19, 2019 in case No. 2-2472 / 2018

Khabarovsk Regional Court (Khabarovsk Territory) - Civil and Administrative

Significant violations of the nature, including those not indicated in the applicant's cassation appeal, were committed by the appellate court in resolving the present case. In accordance with article 394 of the Labor Code of the Russian Federation, in the event that dismissal is recognized as illegal, the employee must be reinstated in his previous position. The body considering the individual labor dispute decides to pay the employee an average ...

Resolution No. 44G-243/2019 4G-2980/2019 of August 7, 2019 in case No. 2-1414 / 2018

Saint Petersburg City Court (City of Saint Petersburg) - Civil and Administrative

The collection of wages for the time of forced absenteeism, the cost of paying the state fee was made with a significant violation of the norms of substantive and procedural law. In accordance with Art. 394 of the Labor Code of the Russian Federation, in the event that dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. Authority, ...

Decision No. 2-3386 / 2019 2-3386 / 2019 ~ M-2434/2019 M-2434/2019 dated July 30, 2019 in case No. 2-3386 / 2019

Balashikha City Court (Moscow Region) - Civil and Administrative

The book for registering the movement of work books and inserts in them. " In such circumstances, since the dismissal of the plaintiff was recognized by the court as lawful, the grounds provided for by Art. Art. 234, 237, 394 of the Labor Code of the Russian Federation in order to satisfy the plaintiff's claims for the recovery of earnings during the forced absence, compensation for moral damage and the recognition of the illegal dismissal record by the court ...

Decision No. 2-202 / 2019 2-202 / 2019 ~ M-194/2019 M-194/2019 dated July 30, 2019 in case No. 2-202 / 2019

Ordzhonikidze District Court (Republic of Khakassia) - Civil and Administrative

The wages (average earnings) provided for by the specified Code, a single procedure for its calculation is established. Considering that the dismissal of the plaintiff was declared illegal, the court in accordance with Part 2 of Art. 394 of the Labor Code of the Russian Federation considers it possible to collect from the employer the average earnings during the forced absence. For the period from ../../ .. to ../../ .. the plaintiff received an allowance in the amount of ... for each month. Average daily earnings ...

Decision No. 2-870 / 2019 2-870 / 2019 ~ M-795/2019 M-795/2019 dated July 30, 2019 in case No. 2-870 / 2019

Leninsky District Court of Orsk (Orenburg Region) - Civil and Administrative

Dismissals, subject to reinstatement at the previous job. In such circumstances, the court comes to the conclusion that the dismissal of the plaintiff is unlawful and the need to reinstate him at work. According to Art. 394 of the Labor Code of the Russian Federation, in the event that dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual ...

Decision No. 2-1947 / 2019 2-1947 / 2019 ~ M-1350/2019 M-1350/2019 dated July 30, 2019 in case No. 2-1947 / 2019

Leninsky District Court of Rostov-on-Don (Rostov Region) - Civil and Administrative

On violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the order of dismissal to him or from the date of issue of a work book. According to Part 1 of Art. 394 of the Labor Code of the Russian Federation, in the event that the dismissal is recognized as illegal, the employee must be reinstated in his previous job as an officer considering a labor dispute. On the basis of the above, ...

Decision No. 2-2461 / 2019 2-2461 / 2019 ~ M-2107/2019 M-2107/2019 dated July 30, 2019 in case No. 2-2461 / 2019

Leninsky District Court of Makhachkala (Republic of Dagestan) - Civil and Administrative

In such circumstances, the court considers it necessary to recognize illegal the order of the State Budgetary Institution RD "RIA Dagestan" dated 06/03/2019 on the dismissal of B.C. Gamzatova. In accordance with Art. 394 of the Labor Code of the Russian Federation, if the dismissal is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual labor dispute shall accept ...