Hardly unlawful dismissal may be called an extraordinary event.This phenomenon now occurs almost every second.
Unscrupulous employers are using in their own interests rather complex situation on the employment market, abused his position and save on labor.This leads to a reduction of staff, reduce wages, transfer to part-time work and, of course, the emergence of conflicts and the growing number of discontented.
Many employees do not have the slightest idea of their rights and do not even know how often in the production does not comply with the law order of dismissal.As a result, not everyone will dare to challenge their unlawful dismissal if for no other reason that does not know what action in such a situation must be taken.
initiators of termination of employment may be two sides: the employee and the employer.On its own initiative all, in principle, of course.If the proposal for dismissal comes from the employer, and the employee plans is not included, you have to try not to make a mistake and do not go on about the employer.
First of all, you should never write a statement about breaking labor relations on their own.No desire - no statements.Employer such an outcome is favorable, because it shifts the initiative on the shoulders of unwanted personnel, freeing themselves while from all obligations relating to the payment of different compensation, severance payments and so on. But there is no benefit to the employee.If a person is almost forced to give up the power of the work, without having any evidence of his unsuitability for the post, or any other legal grounds, it is quite useless to voluntarily sign up to their own judgment, thereby depriving themselves of all the rights of the defense.
And to defend and challenge wrongful dismissal is necessary and should be.And, as practice shows, the most effective way to solve many labor disputes in court.You can certainly try to address and labor inspection, however, probable that the complaint in this case is very low.Unlike a court, labor inspection is quite limited in its capabilities, and therefore are not able to examine in detail all of the details of such cases.
Therefore, the best way to contest the dismissal and to achieve reinstatement - to go to court.Lawsuits in such cases as wrongful dismissal, are generally considered by the District Court.
When filing a claim must not be forgotten that on appeal the actions of the law gives the tenant a small period of time - a month.The countdown begins from the day when the employee has received the copy of the dismissal order or the work book.If this deadline is missed, but for a good reason, the court has the right to take the case.That is why with the filing of the claim is not recommended to delay.
Before going to court you must collect as many documents and evidence indicating violation of labor rights of the employee by the employer.By collecting the documents necessary to be taken seriously, because the outcome of the case may depend sometimes even the most seemingly insignificant reference.It is advisable to enlist the support of employees and cause them to court as witnesses.You can ask for help and a lawyer, as a competent qualified person could have really high-quality support by virtue of their knowledge and experience.
If the court finds unlawful dismissal, the claimant is entitled to receive not only financial but also moral compensation, as well as to recover in the same place of work.
