Unlawful dismissal

It is unlikely that illegal dismissal can be called an extraordinary event. Today almost every second occurs with this phenomenon.

Unfair employers use in their own interests a rather difficult situation in the job market, abuse their position and save on the labor force. This leads to a reduction in staff, a reduction in wages, part-time work, and, of course, the emergence of conflicts and an increase in the number of dissatisfied.

Many employees have no idea about their rights and do not even suspect how often the legal procedure for dismissal from work is not observed in the workplace. As a result, not everyone will dare to challenge their unlawful dismissal, if only for the reason that he does not know what actions should be taken in this situation.

The initiators of the termination of the employment relationship can be two sides: the employee and the employer. With its own initiative, everything, in principle, is understandable. If the offer of dismissal comes from the employer, and it was not included in the employee's plans, we must try not to make a mistake and not to go on the occasion of the employer.

First of all, you never need to write a statement on the severance of labor relations at your own will. There is no desire - there is no statement. To the employer, such an outcome is advantageous, because he shifts the initiative to the shoulders of an objectionable employee, freeing himself from all obligations associated with the payment of various compensations, severance payments , etc. But the employee has no benefit. If a person is almost forcibly forced to give up work without having any evidence of his incompatibility with his position or some other legal basis, then it is completely useless to subscribe to his own judgment, depriving himself of all the rights to defense.

And to defend and challenge illegal dismissal is necessary and should. And, as practice shows, it is most effective to solve many labor disputes in court. You can, of course, try to apply to the labor inspectorate, however, the probability of satisfying the complaint in this case is very small. Unlike the court, the labor inspection is rather limited in its capabilities, and therefore is not in a position to study in detail all the details of such cases.

Therefore, the best way to challenge dismissal and achieve recovery at work is to go to court. Claims in such cases as unlawful dismissal are usually considered by the district court.

When filing a lawsuit, we must not forget that the law gives a short period of time - a month - to appeal against the actions of the employer. The countdown starts from the day when the employee received a copy of the dismissal order or a work record book. If this period is missed, but for good reason, the court has the right to take the case to consideration. This is why it is not recommended to delay the submission of a claim.

Before applying to the court it is necessary to collect as many documents and evidence as evidence of the employer's violation of the employee's labor rights. The collection of documents must be taken with all seriousness, because the outcome of the case can sometimes depend even on the very seemingly insignificant reference. It would be advisable to enlist the support of staff and bring them to court as witnesses. You can apply for help and to a lawyer, because a competent specialist can provide really high-quality support due to his knowledge and experience.

If the court recognizes the dismissal as illegal, then the plaintiff is entitled to receive not only material but also moral compensation, and also to recover at the previous place of work.