Where to apply for illegal dismissal?

If you have been unlawfully fired, you can apply to the Labor Inspectorate, the Prosecutor's Office or the Court. Appeal to the Labor Inspectorate or the Prosecutor's Office is possible both independently and using the services of a labor law lawyer. The complaint must state all the facts of violation of your rights by the employer, indicate your last name, first name and patronymic, as well as all your contact details, the full name of the organization where you work and its location. As a rule, indication of violated norms of law and references to the law is not required. The employees of these departments are themselves competent lawyers in labor disputes. However, you need to understand that applying to the Prosecutor's Office or the Labor Inspectorate can be effective only if the employer's guilt does not need to be proven, i.e. dismissal is clearly illegal. Otherwise, if employers put forward their own version of events, reinstatement at work is possible only through the Court.

Labour Inspectorate is obliged to accept your complaint against the employer and check the company for violations labor law not only in relation to you, but also in relation to the entire company as a whole. As a rule, the labor inspectorate issues an order to eliminate violations of labor laws and imposes a fine on both the organization and specific officials.

Prosecutor's office, upon receipt of a complaint from an employee, as a rule, redirects it to the labor inspectorate. The prosecutor's office usually deals only with labor disputes related to massive non-payment of wages, massive illegal dismissals, as well as cases falling under the Criminal Code.

Court is the only body that has the full right to reinstate a person at work. Its decisions are binding on all citizens and organizations and are executed unconditionally. It should be remembered that in case of dismissal disputes, the term for applying to the court is one month.

When is a dismissal illegal?

1. Lack of grounds for dismissal.

According to Art. 77 of the Labor Code of the Russian Federation establishes general grounds for termination employment contract, there can be no other grounds not provided for by the Labor Code or other Federal Law.

That is, any dismissal on grounds that are not provided for by the Labor Code or other law is illegal.

In addition to the fact that the dismissal of an employee must be made on the grounds listed in the Labor Code, the employer is obliged to prove in court that such grounds really existed, and were not artificially created by him. For example, if an employee was dismissed with an unsatisfactory test result (Article 71 of the Labor Code of the Russian Federation - Test result when hiring), that is, as having not passed the probationary period, then in a labor dispute lawsuit, the employer will be required to prove to the court and the prosecutor that the competence the employee really does not correspond to the position held, that he did not fulfill the tasks provided for by the Testing Plan. The employer is obliged to confirm these facts by offering written evidence for review by the court and the employee of the prosecutor's office.

Also, the court may take into account how much the punishment in the form of dismissal corresponds to the severity of a particular disciplinary offense, even if such an offense is punishable by dismissal.

2. Violation of the procedure for dismissal, as a basis for recognizing the dismissal as illegal.

The order (procedure) of dismissal is a sequence of actions carried out by the employer in order to stop labor relations with an employee. Such a procedure is provided for by the Labor Code and other federal laws.

Significant violations of the procedure for dismissal of an employee include:

provided for in Art. 192 -193 of the Labor Code of the Russian Federation of violations of the procedure for bringing to disciplinary liability, in cases where dismissal is considered as a type of disciplinary liability;

if the employer has not offered the employee all the available similar or lower vacant positions suitable for the employee for health reasons (part 3 of article 81 of the Labor Code of the Russian Federation);

if the employer did not take into account the opinion of the trade union in certain cases of dismissal of its members (part 2 of article 82 of the Labor Code of the Russian Federation).

However, individual violations of the dismissal procedure may be regarded by the court as insignificant.

Also, illegal dismissal is the dismissal at the initiative of the employer of pregnant women, single mothers and fathers raising a child under the age of fourteen, except in the event of liquidation of the organization (Article 261 of the Labor Code of the Russian Federation), it is illegal to dismiss an employee at the initiative of the employer at a time when he is in maternity or regular leave, or on sick leave (Article 81 of the Labor Code of the Russian Federation).

In case of violation by the employer of the legislation on labor and labor protection, he may be held administratively liable under Art. 5.27. Code of Administrative Offenses of the Russian Federation.

It should be borne in mind that in the event of an illegal dismissal from work, it is necessary to start acting as soon as possible. According to the provision of Article 392 of the Labor Code of the Russian Federation, the limitation period for labor disputes, i.e. The deadline for filing a claim for wrongful dismissal is one calendar month from the day the dismissal order or work book is issued, for other labor disputes, the total period for filing a claim is three months.

Protection of the rights of an employee upon dismissal is most effective if the interests of the injured party are represented by qualified lawyers. By contacting our office for help, you will receive competent legal advice and assistance to challenge the wrongful dismissal in judicial order, in the commission on labor disputes, in the prosecutor's office. Competently drafted claims to the court and to the employer help to quickly and efficiently resolve labor disputes that have arisen.

In the event that your labor rights are violated, do not neglect the services of professional lawyers. We will be able to establish and prove the illegality of the actions taken against you, and we will help restore justice by competently representing your interests in court.

Specialists of the Moscow legal bureau help in resolving all types of labor disputes.

How does recovery work?

Sometimes, even after winning a labor dispute in court, citizens still have questions about the reinstatement procedure itself, especially when the employer does not want to voluntarily reinstate the employee in his previous position.

According to the requirements of Art. 392 of the Labor Code of the Russian Federation, if the employee does not agree with the dismissal, he has the right to apply for reinstatement directly to the court.

The period within which the employee may apply to the court for the purpose of reinstatement is one month from the date of receipt of the dismissal order or work book, government duty in case of dismissal disputes, it is not paid (Articles 392, 393 of the Labor Code of the Russian Federation).

Lawsuits for reinstatement are held in the district court at the place of registration of the employer and are conducted with the obligatory participation of the prosecutor. The term for consideration of such a category of cases is one month, but in practice this requirement is not fulfilled by the courts.

What to do if you win the Court?

If the dismissal of an employee is recognized by the court as illegal, the employer is obliged to carry out the actual reinstatement of the illegally dismissed employee in his previous position. In addition, the employer pays the employee the amount established by the court average earnings for the entire time of forced absenteeism, this requirement is provided for by Art. 394 of the Labor Code of the Russian Federation. Such a decision shall take effect immediately, in accordance with the requirements of Art. 396 of the Labor Code of the Russian Federation and art. 211 Code of Civil Procedure of the Russian Federation.

If the employer delays the reinstatement of such an employee, then the court makes a decision on the payment of average earnings for the time when the employer delays the execution of the previous decision on reinstatement.

The decision of the Court on reinstatement in case of illegal dismissal is considered executed if the dismissal order is canceled and the employee is admitted to his previous job (Article 106 of the Law on Enforcement Proceedings). Art. 105 of the Law on Enforcement Proceedings provides that the bailiff issues an order to the employer to collect the enforcement fee and establishes a new deadline for the execution of the court decision on reinstatement in the event that the employer does not comply with the court decision on the reinstatement of an illegally dismissed employee. However, if in this case the employer does not fulfill the requirements of the executive document in the new term, then a fine is imposed on him in accordance with the requirements of Art. 17.5 of the Code of Administrative Offenses of the Russian Federation and establishes a new period during which reinstatement at work must be carried out by court. If in this case the requirement is not met, the fine increases.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an "outside observer", will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of "gravitational radiation". If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Illegal dismissal is understood as a violation of the rights of an employee. Such a dismissal is illegal if it was made for reasons not provided for in the Labor Code. Russian Federation.

Types of illegal dismissal

1. If the illegal dismissal from work occurred without legal grounds. In Art. 77 of the Labor Code of the Russian Federation sets out an exhaustive list of general grounds for terminating labor Relations with hired workers. Dismissal without explanation is also illegal.
2. If the order (procedure) of dismissal was violated. For example, dismissal certain categories persons enjoying the preferential right to stay at work: trainees, as well as highly qualified workers; in case of violation or non-compliance with the procedure for bringing an employee to disciplinary responsibility.

A gross violation of the law are cases when pregnant women, single mothers and fathers who are raising a child under the age of fourteen are illegally fired. In addition to those situations when the organization was liquidated, the dismissal of employees who were disabled or on maternity leave.

Wrongful dismissal for absenteeism

Absenteeism is one of the labor-intensive grounds for dismissal, being at the same time a measure disciplinary action. An employment relationship can only be terminated for absenteeism if the employee's fault is established, as opposed to dismissal of employees to reduce staff. The employer is strictly obliged to comply with the procedure, as well as to prove the legality of such dismissal, i.e. the fact of absenteeism without good reason.

The dismissal procedure conditionally consists of three stages:

• Correct registration of the fact of absenteeism.
• Establish reasons for absenteeism.
• Making a decision to leave.

Procedural errors made may result in the recognition of the dismissal as unlawful in court.

The rights of an employee in case of illegal dismissal

1. The right to protection of labor rights.
2. The right to file a lawsuit.
3. The right to reinstatement.
4. The right to compensation due to the employee.

Where to apply for illegal dismissal

In this case, first of all, it is necessary to contact the body for the protection of labor rights of citizens. This body is the state labor inspectorate. The application must be submitted no later than 1 month from the date of receipt of the dismissal order or work book.

The complaint is considered within 10 days. In addition, the employee has the right to file a lawsuit. If the dismissal is declared illegal by a court decision, then the employer is obliged to reinstate the employee in his previous position, as well as pay the entire salary that he did not receive for the entire period of forced absenteeism. In addition to these payments, the employer is obliged to compensate for other costs: moral damage, the services of a lawyer or lawyer who represented interests in court.

Obviously, illegal dismissal carries adverse legal consequences for the employer.

In accordance with international law, as well as the constitution of the state, every person has the right to work and pay, which is inalienable. Almost the entire population of the country uses this opportunity, earning for themselves and their families the means to live and receive other benefits. However, in the process of doing labor activity often there are violations of the rights of workers by the employer. One of them is illegal dismissal from work. What, then, can the person whose inalienable right has been violated do? What illegal dismissal from work under the Labor Code of the Russian Federation can be appealed in favor of the employee and by what authorities? More on this later.

Dismissal: a general concept

The process of dismissal from work is an action to terminate the previously concluded employment contract between the employer and the employee. The legislation provides for reasons why an employee may be dismissed. The most common among them is the presence of their own desire on the part of the employer or the employee himself. In addition, there are a number of other reasons why an employee may be fired - all of them are detailed in the articles Labor Code. In this normative act for each reason for dismissal, a specific article is assigned, which spells out the procedure for breaking off labor relations. In the event that the employee was dismissed without any reason or any conditions were violated by the employer, this procedure is considered illegal and is subject to appeal at the request of the employee.

Reasons for dismissal

The dismissal procedure can be carried out for any of several circumstances provided in the text of Article 77 of the Labor Code of the Russian Federation. Illegal dismissal from work will be recognized as such, when the employer indicated any other reason not provided by the legislator in this article, or violated the terms and procedure for performing the prescribed procedure.

The legislation provides a whole list of reasons for dismissal, among which, in practice, the wording “for own will"(employee or employer), as well as" by agreement of the parties. The reason for termination of the employment contract is also considered the refusal of the employee to move to a permanent place of residence in another locality in connection with the relocation of the actual workplace.

Often, the dismissal of an employee does not become a reason for the termination of his labor activity at the enterprise - this may be just a stage in his progress along career ladder, since in order to accept an employee for a higher position, he must first be fired from the old one. In this case, the termination of the employment contract is considered a mere formality.

The termination of an employment contract is also a reason for its termination. In this case, the parties may come to a general agreement on its complete termination or extension for a certain period.

Examples of illegal dismissal

Under what situations does the injured party have the right to file a lawsuit for wrongful dismissal from work? For all that are not provided for by the articles of labor legislation.

An example of this can be dismissal without proper registration of disciplinary offenses, on the basis of which the employment contract was terminated. So, for example, illegal dismissal from work for absenteeism will be considered if the fact of violation of discipline was not formalized or indicated inappropriately.

If the manager refuses to pay the employee the debt for wages, such dismissal will also be recognized as illegal. Before terminating the contract with the worker, any employer is obliged to pay off wage arrears in full, regardless of the pretexts that have arisen.

In the event that an employee was dismissed from the enterprise under the wording of a reduction in staff or the number of employees, and in fact this activity is not carried out, then such dismissal from work is illegal. It will also be recognized as such if the organization is being liquidated, but employees were not properly notified of the upcoming event.

One of the conditions for the dismissal of an employee is his inadequacy for his position. If such a wording is indicated in the work book, however, certification with the participation special commission was not carried out (a protocol should be drawn up about this), then in this case, dismissal from work is illegal. A similar situation may arise with the wording about the inconsistency of the position due to medical indicators: if there is no certificate of a medical examination, then you can safely file an application with the court - the dismissal was illegal.

Who can't be fired

The legislation prescribes a complete list of persons whose dismissal is possible only in the event of the complete liquidation of an institution or enterprise. In other situations, their dismissal is considered illegal, and employees have every right to apply to the court for protection.

This category includes single mothers who have children under the age of 14 on their support. If such a child is disabled, then the age limit is increased to 18 years. This rule also applies to persons who have a child under the age of 3, and in this case, the gender of the employee does not matter - this rule applies to both men and women.

The legislation states that the dismissal of pregnant women, as well as underage workers, is unacceptable.

Illegal dismissal from work: what to do?

After the person whose rights have been infringed understands the fact of the illegality of his dismissal from work, he has the right to intercede in defense of his rights. To do this, an employee can apply to the judicial authorities with a claim for reinstatement in case of illegal dismissal under the Labor Code. During the trial, subject to proof of guilt on the part of the employer, the illegally dismissed employee must be reinstated and compensated in the agreed amount.

It should be noted that in today's realities, the court is the only fair body in which it is possible to appeal against such a decision of the head of the enterprise and punish him accordingly.

Preparing to go to court

Before applying to the judicial authorities with an application for reinstatement after an illegal dismissal, the employee must be well prepared for the upcoming process. First of all, you should pay attention to the evidence base, on the basis of which a hearing will be held and a decision will be made by the judge.

First of all, you should pay attention to the presence of a second copy of the employment contract, which can be requested from the employer in advance even before the start of the trial. It is best to pick up a second copy for yourself immediately after hiring. The text of the contract must indicate the size of the average wage. In the event that this is not in the text, you can request a certificate of your monthly income from the accounting department - this information will be necessary in court in order to calculate the amount of compensation for illegal dismissal from work.

In the process of hiring and dismissal, appropriate entries must be made in the work book. Any employee is obliged to ensure that they are executed in an appropriate way - with truthful data, otherwise it will be quite problematic to protect their rights in court.

The legislator also provides for the possibility of applying to the court for persons who did not work under an employment contract, since the fact of the beginning of the fulfillment of the agreed obligations is already considered the conclusion of a contract. However, in this situation, the employer may deny that this employee was at work and was engaged in the performance of his duties, unless this is documented.

What can be required from the employer

In case of illegal dismissal of an employee from work, he has the right to file a lawsuit with certain requirements. What can they be?

First of all, the employee has the right to demand his reinstatement to the position with the previous monthly salary. In addition, any employee whose rights have been infringed has the opportunity to claim wage arrears or compensate for moral damage. If necessary, the dismissed person has the right to request a change in the data entered in the work book - this action is especially important for further profitable unhindered employment.

Often there are situations when, in addition to the demand for reinstatement, laid-off employees declare the need to pay them money for the time of forced absenteeism. The amount of such compensation upon reinstatement (in case of illegal dismissal under the Labor Code) is determined on the basis of monthly salaries, which should be reflected in the text of the employment contract.

Documents required for filing a lawsuit

Before applying to the judicial authorities, a dismissed employee must necessarily collect all the documents that can help him achieve the protection of his infringed labor rights.

In the general package, he must provide a statement of claim, which necessarily reflects all the conditions and requirements. In addition, the court must provide confirmation of the fact of payment of the court fee, as well as photocopies of identity documents.

In the package of evidence, it is necessary to provide all the documents that confirm the illegality of dismissal from work. Lawyers recommend attaching a copy of the employment contract, certificates that reflect the amount of monthly salaries, as well as photocopies of the pages of the work book, which reflect all the processes of activity at the enterprise. In addition to all of the above, you need to collect a solid evidence base, which will reflect the illegal actions of the employer.

Application deadlines

As for the deadlines for filing a statement of claim for the protection of their rights in court, the legislator gives the employee a month from the moment he got acquainted with the dismissal order. However, this period can be extended if timely application was prevented by illness, a long process of studying the circumstances of the fact, as well as in the presence of other weighty circumstances that the court recognizes as such. It should also be remembered that any such fact must be documented.

If we talk about the timing of reinstatement at work in case of illegal dismissal, then if there is a writ of execution this decision judgment is made immediately. In the event that the employer refuses to perform the prescribed actions, a fine is imposed on him. Under the condition of double evasion of the obligation, the performer is obliged to petition the court for the criminal liability of the guilty person. When all the requirements specified in writ of execution, will be fulfilled by the employer, an act is drawn up about this fact and transferred to the service for the execution of judgments. Only if it is present, the proceedings are considered closed.

The legislator also notes that the procedure for restoring an employee to his previous position is marked not by the date when the decision was made, but by the date the employee was dismissed on illegal grounds.

What information should be included in the claim

The text of the statement of claim must contain certain information that directly relates to the issue raised. In particular, the plaintiff must indicate what the illegal dismissal from work is and the article of the Labor Code on the basis of which the appeal is made. In addition, the statement of claim must include information about the respondent and your data.

In the text of the claim, it is imperative to indicate your requirements that apply to the head of the enterprise or organization - a list of possible ones is presented above.

If reinstatement in case of illegal dismissal at the previous enterprise seems impossible due to its reorganization, the plaintiff has the right to present all claims against his successor, if any. In this case, it is necessary to indicate in the text of the application information about the same legal successor and indicate the grounds for filing a claim.

Who does not have the right to challenge the dismissal

The legislation provides for a number of positions, the dismissal from which cannot be challenged in court. This exception applies to employees of the prosecutor's office, as well as those persons who hold positions in elected positions. If the resignation was illegal, you can challenge this fact in a higher department, for example, in the Prosecutor General's Office of the Russian Federation.

The practice of judicial decisions

As shows arbitrage practice, almost all statements of the plaintiffs about their unlawful dismissal from their place of work, the court leaves satisfied. However, employees of the judiciary also note that questions about the legality of the dismissal of a worker are raised relatively infrequently. According to many judges, this circumstance is connected with the lack of awareness among the population about their labor rights. In this regard, many workers in the field of jurisprudence recommend raising the level of legal education among the Russian population.

One of the main requirements of the dismissed employee, presented in the lawsuit, is his reinstatement to the position with payment of compensation for the entire period of forced absenteeism (no more than one year). As noted in the legislation, it is calculated on the basis of the employee's salaries for the last two working months. It often happens that after the enforcement of the requirements, the employee is dismissed of his own free will in compliance with all the necessary procedures.

16.06.2017 |

Hillegal dismissal worker any termination of labor relations made in violation of the procedure, the norms of the Labor Code, as well as in the absence of grounds, can be recognized.

In this article you will find general grounds for appealing dismissals and you will know what can be obtained in case of recognition of the dismissal illegal.

Who cannot be fired at the initiative of the employer? Where to complain about illegal dismissal and in what order?

How long does it take to go to court for wrongful dismissal?

Read more about the different grounds for layoffs at the links below.

We recommend that you come for a consultation with our labor dispute lawyer Rumyantseva Valentina Yurievna(following links, lawyer) . You can book a consultation by calling+7-981-746-76-21 (on weekdays from 10 to 18)

What are the legal grounds for dismissal?

The basis for dismissal of one's own free will is the application of the employee, there is no application - dismissal is illegal (article ), Grounds for downsizing (more in the article) - the decision of the employer, and at the same time, the positions must really be reduced, and not renamed, and the employee himself does not belong to a category that cannot be reduced, such as, for example, a woman on maternity leave (more in the article) .

For legal dismissal as not having passed the probationary period, there must be not only the establishment of the probationary period as such, but also confirmation of failure of the test (more in the article) .

To be dismissed for absenteeism, you need the fact of absenteeism, compliance with the dismissal procedure, and other factors, which you can read about in the article "".

For the dismissal of pregnant women and those on parental leave, the liquidation of the organization is needed, and not reorganization, change of ownership, renaming (more in the article

For legal dismissal under Art. 81 clause 5 of the Labor Code of the Russian Federation (repeated failure by an employee to fulfill labor duties that have a disciplinary sanction) requires a disciplinary sanction that has not been lifted by the day of dismissal, evidence of the fact of non-fulfillment of duties, compliance with the procedure, etc.). More details can be found in the articles: and how it was.

Dismissal during sick leave will be legal if it is not at the initiative of the employer (with the exception of the liquidation of the organization). Read more in the article about .

What can you expect if you appeal the dismissal?

When illegal dismissal you can be reinstated at work or the wording and date of dismissal are changed, you can recover wages for forced absenteeism and compensation for non-pecuniary damage.

AT In what cases can we talk about the illegal dismissal of an employee?

First, let's turn to the grounds for terminating an employment contract. All of them are listed in Art. 77 of the Labor Code of the Russian Federation.

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the term of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work(job title);

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the refusal of the employee to transfer to another job, necessary for him in accordance with medical opinion issued in the manner prescribed federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

81 art. The Labor Code of the Russian Federation contains a list grounds for dismissal at the initiative of the employer, which is also not expandable.

The employment contract may be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a), that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or provide knowingly incomplete or inaccurate information about income, expenses, on the property and property obligations of their spouse and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer;

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making 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;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

Other cases established by the Labor Code include such grounds as the result of a test (Article 71 of the Labor Code of the Russian Federation), additional grounds for terminating an employment contract with teacher(Article 336 of the Labor Code of the Russian Federation), with the head of the organization (Article 278 of the Labor Code of the Russian Federation), with an athlete (Article 348.11).

In addition, there are additional grounds for terminating an employment contract with civil servants, rescuers, municipal employees, etc.

In any case, if you were fired for a reason that is not provided for by either the Labor Code or the Law on your work, dismissal from work can be considered illegal and challenge it in court.

Who cannot be fired at the initiative of the employer?

Even if there is a basis in the law, there are categories of employees who cannot be fired at the initiative of the employer, so dismissal is illegal during vacation and temporary disability, except in cases of liquidation of the organization, cannot be dismissed , women with children under 3 years old, single mothers raising a child under the age of fourteen (a disabled child - up to eighteen years), other persons raising these children without a mother, with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 (see above) or paragraph 2 of Article 336 of the Labor Code of the Russian Federation (use, including a single use, of educational methods associated with physical and (or) mental violence against the personality of a student, pupil for teachers )

Is it necessary to comply with the dismissal procedure?

Particular attention should be paid to the dismissal procedure. In some cases of dismissal, the opinion of the trade union is mandatory. In other cases, a notice of dismissal is required at least 2 months in advance (liquidation, reduction) or a mandatory offer of vacancies.

For example, dismissal under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation in the event of repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction, implies a repeated violation and, at the same time, disciplinary sanctions should be imposed for previous violations with the appropriate procedure. Before applying the penalty, the employer is obliged to request an explanatory note from you, if you refuse to draw up an act, then issue an order, give it to you against signature, and if you refuse, also draw up an act. In addition, there are deadlines for the imposition and removal of penalties. More in a separate article (read).

Dismissal can be recognized by the court as illegal if the grounds for dismissal of the employee are immaterial.

For a disciplinary offense, the employer has the right to apply one of the types of punishment: remark, reprimand,. So, if the court establishes that it was possible to issue a remark or reprimand for your disciplinary offense, then dismissal may be illegal. Everything is very individual, and each situation must be considered separately. Even for the imposition of a disciplinary sanction, the severity of the misconduct must be taken into account.

Deadlines for dismissal appeals.

And the last thing you need to know about illegality of dismissal, this is what you can challenge it only within a month. Takova statute of limitations for dismissal.

Where to apply for illegal dismissal?

The right to deal with issues of dismissed employees exclusively court as this is an individual labor dispute. In competence labor inspectorate Dismissal appeals are not included.