Statement of claim for illegal dismissal: sample

One of the most unpleasant consequences of the coronavirus pandemic and the financial crisis it caused was the layoffs of workers in various areas of business. They do not always occur with respect for the rights of employees. In such a situation, the easiest way to protect the interests of the employee is to file a lawsuit for illegal dismissal. The article describes in detail the procedure for applying to the judicial authorities, and also provides samples of the necessary documents.

How to draw up a claim correctly

The statement of claim consists of the following parts:

1. Cap indicating the name of the court, full name. and the address of the plaintiff, the name and address of the defendant, the amount of the claim.
2. Introductory part. Here it is necessary to briefly and meaningfully describe the background of the relationship between the plaintiff and the defendant: when the employment contract was concluded, the position of the plaintiff, the date of dismissal and its grounds.
3. The motivational part, in which the applicant indicates the grounds on which the court is obliged to declare the company’s actions illegal, what rules of law were violated and what evidence there is of the illegality of the employer’s actions.
4. The operative part: a brief description of the applicant’s claims and the requirements against the defendant.
5. A list of applications, the composition of which depends on the nature of the situation. In any case, you will need: copies of the claim, employment contract, order of employment, termination of the employment agreement, certificate of average earnings and all documents that confirm the position of the plaintiff.

The application is signed and dated by the applicant.

Actions of the employer upon receipt of a subpoena

If it was not possible to reach an agreement with the employee, and the claim has already been filed, then the most reasonable decision of the employer would be to contact a lawyer. You should not take any action without receiving advice.

The main task of the company is to collect evidence that the employee is acting with the goal of obtaining material compensation from the company. To resolve the dispute, the court will look into the circumstances of the dismissal. The judge will be interested in the reason for dismissal (violation of labor discipline, statement of one’s own free will, etc.) and whether there were any violations of the law during the process of terminating the employment contract.

Sample statement of claim for illegal dismissal

To the Main Court of Moscow

Plaintiff: Ivanov Ivan Ivanovich

st. Offended, 1, apt. 2

Defendant: GBOU DOD SDYUSSHOR "ALLUR"

1st Budget Project, 2

On July 4, 2021, I was hired at the State Budget Educational Institution of Children's and Youth Sports School "ALLUR" for the position of senior riding teacher on the basis of employment contract No. 123, employment order No. 123 is attached.

On November 1, 2021, by order of the director No. 156, I was dismissed from work with the motivation “for absenteeism” by virtue of subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.

The basis for the dismissal was the decision drawn up by a commission consisting of director P.P. Petrov and deputy director for personnel S.S. Sidorova. and the head of the legal department Sutyazhny S.S. certificate of my absence from work on October 30, 2021.

The act states that I did not inform the director about the fact and reasons for my absence from work (there are no supporting documents), I did not answer phone calls, and therefore the violation I committed is absenteeism.

I received my paycheck and work book on November 1, 2021. A copy of this order and the act at my request were made for me.

I consider the dismissal illegal and unjustified for the following reasons:

1. Article 193 of the Labor Code of the Russian Federation establishes the procedure for imposing disciplinary sanctions on an employee, including dismissal. This procedure presupposes the employer’s obligation to request written explanations from the employee before applying a disciplinary sanction. After requesting an explanation, the employee must be given at least two working days to prepare a response. Contrary to this rule, no explanations were required from me, and I was not informed of the intention to apply a disciplinary sanction. The fact that the employer did not comply with the requirements of the law on the procedure for imposing a penalty is also evidenced by the length of the period of time that passed from the moment of the alleged absenteeism - 10.30.2019 until the actual dismissal - 11.01.2019. This period is less than two business days.
2. My absence from work cannot be considered absenteeism, since there was a good reason for it - on October 30, 2019, I donated blood plasma at the donor department of City Clinical Hospital No. 1 in Moscow, which is confirmed by a certificate in form No. 402/u. In accordance with Art. 186 of the Labor Code of the Russian Federation, a donor of blood and its components is exempt from work on the day of donating blood or undergoing a related medical examination.

• 247 - number of working days for the year preceding the moment of dismissal;
• 4 - the current number of days of forced absence due to illegal dismissal.

Compensation for one day of forced absence is 4858 (four thousand eight hundred fifty eight) rubles 30 kopecks.

Taking into account all the above circumstances, in accordance with Articles 391, 394 of the Labor Code of the Russian Federation and 131, 132 of the Code of Civil Procedure of the Russian Federation, I ask the court:

1. Reinstate me at work as a senior riding teacher at the State Budget Educational Institution of Children's and Youth Sports School "ALLUR".
2. To recover from the State Budget Educational Institution DoD SDYUSSHOR "ALLUR" in my favor the amount of average earnings from the date of dismissal to the day of actual reinstatement at work.

1. A copy of the claim.
2. A copy of the employment order.
3. A copy of the employment agreement with GBOU DOD SDYUSSHOR "ALLUR".
4. A copy of the dismissal order.
5. Certificate of average earnings.
6. Certificate in form No. 402/у.

In ____________ district court Address: __________________________

PLAINTIFF: _____________________ Address: _____________________

RESPONDENT: ______________________ Address: ______________________

Statement of claim for illegal dismissal and payment of a one-time monetary benefit From “___” ________g. I was a police officer in the Bureau of Special Technical Events, held the rank of police colonel, and held the position of head of the Department “____”, at the disposal of the Bureau.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

According to the Order of the Ministry of Internal Affairs of the Russian Federation, Bureau of Special Technical Measures, Chief Major General of the Internal Affairs Police _____________ dated “__” _________ N __________, I was dismissed from the police due to staff reduction (clause “e” of Art.

58 of Chapter 7 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation dated December 23, 1992 No. 4202-I).

I consider my dismissal illegal for the following reasons: The staff reduction took place in connection with the extraordinary certification of employees of the internal affairs bodies of the Russian Federation, in accordance with Decree of the President of the Russian Federation of March 1, 2011 No. 251 “On the extraordinary certification of employees of the internal affairs bodies of the Russian Federation.” A number of violations were committed during the certification process, namely: 1.

The certification period was set to ___________ year. __________ the year the certification commission had already been dissolved, without the opportunity to protest the certification results and demand re-certification. 2.

The results of the certification were not communicated to the personnel. At the end of the work of the certification commission, I asked to familiarize myself with its decision; I did not receive a copy of the decision, but I saw that there was no text in the “Make a decision” part. I only have in my hands an extract from the protocol of the Central Control Commission of the Ministry of Internal Affairs of the Russian Federation No. ___ dated ___________, according to which the certification of me was postponed until the results of additional checks were received. 3.

No additional checks were carried out on me. According to clause 11 of the Regulations on the Commission under the President of the Russian Federation for conducting extraordinary certification of employees of internal affairs bodies of the Russian Federation (approved.

By Decree of the President of the Russian Federation of March 1, 2011 N 251): 11.

Based on the results of the extraordinary certification, the Commission makes one of the following decisions in relation to the certified employee: a) to recommend for service in the police (another division of the internal affairs bodies of the Russian Federation) for a position that is subject to replacement by persons of the highest command of the internal affairs bodies of the Russian Federation and for which the employee being certified applies; b) recommend for service in the police (another unit of the internal affairs bodies of the Russian Federation) in positions with less authority or in a lower position; c) not recommend for service in the police, offer to continue serving in another unit of the internal affairs bodies of the Russian Federation in another, including a lower position, position. 4. Based on the results of the certification, I was not offered any of the three options listed above.

_____________ I was fired under paragraph “___” of Art. 58 of Chapter 7 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation of December 23, 1992.

No.___________: f) for staff reduction - during the liquidation or reorganization of an internal affairs body in the event that it is impossible to use an employee of the internal affairs bodies in the service;

____________ year, I wrote a report addressed to the head of the BSTM of the Ministry of Internal Affairs of the Russian Federation, Major General of Police ___________, with a request to change my article of dismissal and dismiss me under paragraph 3 of Article 58 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation dated December 23, 1992 No. __________: h) for limited health status - on the basis of a resolution of the military medical commission on limited suitability for service, the inability for health reasons to perform official duties in accordance with the position held and the inability to be promoted to a position in accordance with which he can perform official duties, taking into account health conditions; My report was not satisfied with the wording: there is no reason to change the article of dismissal. I consider this article of dismissal to be justified, because there is a Conclusion of the military medical commission dated ____________ No. ____, according to which I am recognized as partially fit for military service.

According to paragraph 6 of the Instruction on the procedure for compensation for damage in the event of death or injury to an employee of internal affairs bodies, as well as damage caused to the property of an employee of internal affairs bodies or his relatives (Appendix to the order of the Ministry of Defense of the Russian Federation dated October 15, 1999

N 805: If the possibility of further service by an employee is excluded, the military medical commission recognizes him as partially fit or unfit for military service due to physical injuries directly or in the event of a determined unfavorable outcome of the consequences of bodily injury, the causal relationship of which is defined in the wording “military injury” , a one-time benefit in the amount of five years’ salary is determined from the employee’s monthly salary on the day of his dismissal from service in the internal affairs bodies due to illness or limited health (clauses “g” and “h” of Article 58 of the Service Regulations). The military injury I received during hostilities (I was on a business trip) was confirmed by Certificate No. __________ dated ___________ and the illness caused by this injury was confirmed by the Conclusion of an official audit on the fact of the injury __________ dated _____________. The conclusion of the Military Military Commission dated ___________ confirms the cause-and-effect relationship between the received military injury and the disease that occurred as a result of this injury. The employer’s unlawful actions in dismissal caused me significant moral suffering and moral harm, which was expressed in the complication of my illness resulting from a military injury.

From ___________ to _____________, I was forced to seek medical help and was treated at the clinical hospital of the Ministry of Internal Affairs, which is confirmed by Discharge Summary No. ____________ According to Art. 237 of the Labor Code of the Russian Federation, compensation for moral damage caused to an employee. Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract.

In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation. In accordance with paragraphs. 14 p.

1 tbsp. 28 Federal Law “On the Police” dated 02/07/2011 N 3-FZ, a police officer has the right to protect his rights and legitimate interests, including appealing their violation to the court.

In accordance with Art. 392 of the Labor Code of the Russian Federation, an employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights. Based on the foregoing,

I ASK THE COURT: 1. To change the article of dismissal from paragraph “__” of Article 58 of the Regulations on Service in the Internal Affairs Bodies to paragraph “h”. 2.

Pay me a one-time benefit in the amount and within the time limits established by law. 3. Pay me moral damages in the amount of _________ rubles. 4.

Reimburse me for the costs of paying for the services of a representative in the amount of _______ rubles.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Appendix: 1. A copy of the statement of claim according to the number of persons participating in the process 2.

Copy of Extract from Order No. _______ dated __________ 3. Copy of the report dated ___________ 4.

Copy of the IHC Conclusion dated __________ 5. Copy of the Certificate dated ___________ 6.

Copy of the Conclusion dated ____________ (on two sheets) 7. Copy of the Certificate dated ____________ 8.

Copy of the Discharge Epicrisis 9. Copy of the Extract from the protocol of the Central Control Commission of the Ministry of Internal Affairs dated __________

A statement of claim for recognition of unlawful dismissal is a document submitted by an employee of an organization or his legal representative to resolve a controversial issue in the field of labor law. Dismissal while on vacation, when pregnancy occurs, when orders and other local acts are drawn up incorrectly - all this is a reason to go to court to protect your rights.

Such issues are resolved in district courts, the application is submitted at the place of residence of the plaintiff or at the location of the organization in which you work.

IMPORTANT!

Also remember that the demand for wages and reinstatement is subject to immediate execution. That is, if a decision is made in your favor, you do not have to wait a month for it to come into force, because it comes into force in this part on the same day.

You can contact us for help in drawing up a claim and representing your interests in court. We have been providing legal services for more than 10 years, we always work professionally and conscientiously, and we value our reputation! Our contact number.

In ________________________ (name of court and address) Plaintiff: ________________________ (full name and address) Defendant: ________________________ (full name and address) Third party: ________________________ (full name and address)

Cost of claim: ______ rubles; State duty: ______ rubles.

STATEMENT OF CLAIM for recognition of dismissal (for absenteeism) as illegal and reinstatement at work

I, _____________ (indicate full name), have been an employee at ____________ (indicate the name of the organization) since ___________ (indicate the start date of the employment relationship). ____________ (specify the date) I learned that I was dismissed according to the order dated ________________ (specify the date) on the basis of paragraphs. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation (absenteeism). The reason for dismissal, in accordance with the contents of the order, is absenteeism that allegedly occurred on __________ (specify date). I do not agree with this dismissal; I consider it illegal for the following reasons. My absence from work was due to the fact that _____________________ (indicate a valid reason for absence, provide evidence).

According to Part. 1, 3, 5 tbsp. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds. Article 193 of the Labor Code of the Russian Federation provides that before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

In this category of cases, the responsibility to prove the legality of dismissing an employee lies with the employer. According to the rules of Art. 393 of the Labor Code of the Russian Federation, if the dismissal is declared illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. According to the rules of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of entering into the work book an incorrect or non-compliant formulation of the reason for the employee’s dismissal.

What information must be indicated in the statement of claim for recognition of dismissal as illegal?

The claim contains the following information:

• The court in which you are filing the claim.
• Details of the plaintiff and defendant (full name, passport details, residential address, organization address, Taxpayer Identification Number, contact numbers).
• Circumstances of the dispute: where exactly did you work, what position did you hold, what exactly was the basis for your dismissal, the circumstances of the illegality of dismissal, indicate the amount of the claim based on the average amount of your salary.
• Specify the requirements with links to the relevant articles of the Labor Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. Requirements may include reinstatement to the previous position, recovery from the employer of the average salary from the date of dismissal, penalties, as well as compensation for moral damage.
• List the attachments to the statement of claim.
• Indicate the date the claim was filed and put your signature.

The following documents serve as attachments:

• A copy of the order that confirms your hiring.
• A copy of the employment contract.
• A copy of the order regarding your dismissal.
• Other documents, depending on the situation.
• Calculation of the claim price.

What kind of dismissal is illegal?

The procedure for performing the dismissal procedure is strictly determined by the Labor Code of the Russian Federation and is regulated by law. Recognition in court of the illegality of an employer's actions can only be based on confirmation of violations of articles of official documents. At the same time, the concept of “illegal dismissal” is not considered.

When filing a claim, the employee must determine independently or with the help of specialists the grounds used to prepare the claim. At the same time, an employee can appeal for a violation of his rights only in situations where the reason specified in accordance with the Labor Code of the Russian Federation is disputed or, which happens extremely rarely, is not indicated when terminating the employment relationship. Employment also had to be formalized in accordance with the Labor Code of the Russian Federation. Other types of agreements regarding the performance of tasks and receipt of remuneration and social guarantees cannot be considered in a lawsuit.

Drawing up a lawsuit - important points

1. Recognition of this dismissal as illegal with all relevant changes, both in the Labor Code and other documents.
2. Your reinstatement at work.
3. Payment of compensation for moral damage caused.
4. Collection of all amounts due to him upon dismissal.
5. And collection of wages for the entire period of forced “vacations”.

The following must be indicated:

1. Name of the court.
2. Plaintiff's name (+ home address).
3. Full name of the defendant organization + its address.
4. The essence of the violation of the plaintiff’s rights + all his demands (as well as all evidence of the circumstances that form the basis of the demands).
5. The amount of the claim when assessing it + calculation of the amounts for which the claim is brought.
6. Information that the pre-trial procedure for contacting the “violator” was followed.
7. Links to articles of law, according to which dismissal must be declared illegal.
8. A list of documents attached by the plaintiff to the claim.

The claim is usually accompanied by:

1. Copy of the passport.
2. Copies of the application by number of defendants.
3. The document is a receipt for payment of the state duty (this amount is usually reimbursed to the plaintiff by the defendant by a court decision).
4. Documents (+ copies thereof) that confirm the circumstances that formed the basis of the plaintiff’s claims.
5. Documents (+ copies thereof) that confirm the completion (attempt) of pre-trial settlement of a specific dispute.
6. Document (+ copies thereof) with calculation of the claimed amount of the claim.

Note: in case of filing a claim in court regarding labor relations, the employee is exempt from paying all legal costs/duties (Article 393 of the Labor Code of the Russian Federation).

Causes of action

The reasons for filing a claim in court are:

1. Termination of an employment relationship without sufficient grounds (for example, an employee is fired for absenteeism, but he believes that the reason for absence from work is valid).
2. Violations of the procedure for terminating employment relations established by law, non-compliance with rights and guarantees (for example, dismissal at the initiative of the employer during the period of temporary incapacity for work of the employee or dismissal of the employee due to staff reduction before the expiration of a two-month period from the date of notification).

Labor legislation provides additional guarantees for women with children and persons with family responsibilities. An employee has the right to file a claim for recognition of dismissal as illegal while on maternity leave, on maternity leave, if she was fired, for example, due to staff reduction. Moreover, if a woman, whose employment contract was terminated at the initiative of the employer, finds out about her pregnancy and files a claim for reinstatement at work, the court will satisfy her claim, despite the fact that the employer did not have information about the employee’s pregnancy (paragraph 1 p. 25 Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

I was fired illegally - how to write a statement?

On recovery of wages for illegal dismissal and reinstatement at work

In ______________ (name of court).

District Court of _______________

Plaintiff: ___________________ (full name).

Address (plaintiff): ___________________

Respondent: _______________________ (name of organization).

Address (defendant organization): ____________________

From “___”_______ ____ I (full name), according to the employment contract dated

“___”_______ ____ city N ______, worked for (in) _____________ (organization)

for the position of _______________ with a salary of ______ rubles.

"___"__________ ____ by order No. ___ dated "__"________ ____ I was

dismissed on the basis of clause 2 of Art. 83 Labor Code of the Russian Federation.

I consider my dismissal to be unlawful on the grounds that: - The defendant did not offer me all available vacant positions or a job that could match my qualifications. — The defendant did not offer me vacant lower positions or jobs with lower pay. — (Other circumstances)________________________________________ — Severance pay in the amount of two weeks’ earnings was (not) paid to me.

According to Art. 139 Labor Code and employment contract, my average salary is _______ rubles.

During the period of forced absence from “___”______ ____ to “___”_____ ____, and in total ____ days, _______ rubles are subject to recovery in my favor.

In accordance with clause 2 of part 1 and part 2 of Art. 83, Art. Art. 139, 391, 392, 394 of the Labor Code of the Russian Federation, and guided by Art. 22, 24, 131, 132 Code of Civil Procedure of the Russian Federation,

I ASK: 1. Reinstate me ______________ (full name) at work with (at) _______________________ (employer) in the position of _________________. 2.

To recover from ________________ (employer) in my favor the average earnings during my forced absence from “___”______ ____ to “___”_____ ____.

in the amount of _____ (and in words) rubles. I am attaching to the application: 1. Copies of the employment order and the employment contract. 2.

A copy of the dismissal order. 3. Evidence of the validity of the arguments (acts and protocols, staffing list indicating vacancies, etc.). 4.

A copy of the decision of the state labor inspectorate on reinstatement and an extract from the order for reinstatement. 5. Certificate of the amount of severance pay paid upon dismissal. 6.

Salary certificate. 7. Calculation of wages during forced absence. 8.

A copy of the statement of claim for the defendant. “___”___________ ____ city ________________ (signature).

On recognition of dismissal as illegal and compensation for moral damage

In ___________ court (name)

Plaintiff: _________ (full name).

Address: _________ (plaintiff).

Respondent: _______________ (name of organization).

Since “___”_____________ 20__ I was in an employment relationship with _______ (employer). An employment contract was concluded between us. Before I was fired, I worked___________ (position).

“___”_______________ 20___ I, along with other employees, was dismissed on the basis of clause 1 of Art. 81 of the Labor Code of the Russian Federation, due to the liquidation of the organization.

When dismissing the defendant, the dismissal procedure established by law was violated. In violation of the requirements of Part 2, 3 Art. 180 of the Labor Code of the Russian Federation, I was not warned by the employer personally and against receipt of my impending dismissal due to the liquidation of the organization at least two months before the dismissal.

This illegal dismissal caused me moral harm, which was expressed in moral distress due to the loss of my job. Based on the specific circumstances of the case, taking into account the nature and extent of the moral suffering caused to me, the degree of guilt of my employer, as well as the requirements of fairness and reasonableness, I ask on the basis of Art.

394 of the Labor Code of the Russian Federation to compensate for moral damage caused to me in the amount of _______ rubles.

Based on the above and guided by Art. 131, 132 of the Code of Civil Procedure of the Russian Federation, please: 1.

Recognize my dismissal “___”_______________ 20__ illegal and carried out in violation of the dismissal procedure, as established by Art.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

180 Labor Code of the Russian Federation. 2. Oblige the employer to compensate for moral damage caused to me in the amount of _____ rubles. I am attaching to the application: 1.

A copy of the statement of claim. 2.

A copy of the work book. 3. A copy of the employment contract. 4.

A copy of the dismissal order. 5. Certificate of average salary.

Painting (+ decoding) _________(__________)

On reinstatement at work, payment of average earnings for the period of forced absence and compensation for moral damage

In __________ (name of court).

Plaintiff: _____________ (full name, address).

Respondent: _____________ (name of organization).

Cost of claim ____________ (total amount of claims)

I have been working for _________ (employer) since “___”_________ ____ in the position of _________.

By Order No. ___ dated “___”_________ ____. I was fired from my job due to_________ (grounds from the order).

I consider my dismissal to be unlawful due to the fact that _________ (justification).

In connection with the wrongful dismissal, the defendant must pay me the average salary for the period of my forced absence from the day following the dismissal until my reinstatement. On the day I go to court with a statement of claim, the defendant must pay _______ rubles. The calculation is attached.

In accordance with Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the dismissed employee, make a decision to recover from the employer in favor of the employee compensation for moral damage that was caused to him by the above actions.

The amount of compensation is determined by the court.

The unlawful actions of my employer caused me moral harm, which was expressed in _________ (stress, insomnia, depression, quarrels with my wife, etc.). I estimate the moral damage caused to me at _______ rubles.

Date of application “___”_________ ____

Plaintiff's signature _______ (+ transcript).

From the moment the statement of claim is received and within 5 days, the judge must decide to initiate a civil case or to refuse to accept the claim. The last option is an obstacle to a dismissed employee’s re-application to court with a similar claim.

Still have questions? Just call us:

One of the most unpleasant consequences of the coronavirus pandemic and the financial crisis it caused was the layoffs of workers in various areas of business. They do not always occur with respect for the rights of employees.

In such a situation, the easiest way to protect the interests of the employee is to file a lawsuit for illegal dismissal. The article describes in detail the procedure for applying to the judicial authorities, and also provides samples of the necessary documents.

ASK:

1. Declare illegal and cancel order No. 12-k dated September 16, 2014 on the dismissal of the Plaintiff - L.R.V.;
2. Reinstate the Plaintiff – L.R.V. at work in the previous position;
3. To recover from the Defendant – LLC “E.” in favor of the Plaintiff, funds as compensation for the period of forced absence from September 16, 2014 to the present;
4. To recover from the Defendant – LLC “E.” in favor of the Plaintiff, funds as compensation for moral damage in the amount of 100,000 rubles;
5. To recover from the Defendant – LLC “E.” legal costs, in proportion to the satisfied part of the claims;
6. Please notify the legal bureau “Moscow Legal” of the date and time of the court hearing, Moscow, st. Maroseyka, 2/15,

Grounds for filing a claim in court

The procedure for dismissing employees is strictly regulated by labor legislation. The basic document in this area of ​​law is the Labor Code, adopted after the signing of No. 197-FZ of December 30, 2001.

The version of the Labor Code of the Russian Federation dated April 24, 2021 is currently in effect. Chapter 13 of the document (Articles 77-84) is devoted to issues of termination of labor relations.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

The basis for considering dismissal illegal is failure to comply with the procedure provided for by the Labor Code of the Russian Federation. It can be expressed in various actions of the employer:

• an unlawful disciplinary sanction is imposed;
• there is no offer to continue working in an alternative position;
• the established deadlines for notifying the employee are not met;
• the opinion of the trade union is not taken into account;
• workers are subject to different requirements, etc.

The employer's desire to reduce personnel costs in difficult times for business is understandable. But this does not mean that it is possible to violate the rights of employees by carrying out illegal and unjustified dismissals.

Grounds for dismissal

There is no need to talk about the legal reasons or prerequisites for this form of termination of the contract. We can only conditionally divide all such cases into intentional and accidental. The latter are associated more likely with the human factor and the error of the performers than with systemic violations. It is worse if the illegal dismissal was the result of constant attacks or manipulation of facts. There are several most common situations:

Every employee whose boss threatens him with dismissal, but at the same time requires him to write a statement of his own free will or sign an agreement between the parties, has reason to think about it.

The procedure for filing a claim in court for illegal dismissal

The standard procedure for filing a claim in court involves performing several operations:

• filing a claim;
• filing a claim in the district court. Carried out no later than 3 months from the date of removal from work;
• provision of documentary evidence of the illegality of the employer’s actions.

As accompanying documents, it is recommended to attach characteristics of the employee from different places of work, including the last one, and other evidence of conscientious performance of official duties. This becomes an important argument for defending the employee’s position in court.

Time limit for consideration of the claim

In accordance with Art. 154 of the Code of Civil Procedure of the Russian Federation, cases on claims for reinstatement at work are considered and resolved before the expiration of a month, other cases - before the expiration of two months from the date of receipt of the application by the court administration. In addition, when considering a claim for dismissal of an employee, the judge postpones the case due to the non-appearance of the participants in the process, the request for evidence, or when using conciliation procedures (up to two months).

The court has the right to suspend the consideration of the case in accordance with Art. 215 of the Code of Civil Procedure (when applying to the Constitutional Court with a request; impossibility of considering this case until another case is resolved). The court is obliged to suspend the case, according to Art. 26 Code of Civil Procedure, in the case of:

• the party is in a medical institution;
• appointment of examination;
• sending a letter of request;
• reorganization of a legal entity.

Postponing or suspending a case increases the period for its consideration. The decision to reinstate the employee is subject to immediate execution (Article 211 of the Code of Civil Procedure). The rest of the decisions come into force after a month from the date of issuance, unless the plaintiff files an appeal.

Requirements for the content of the claim

The statement of claim is drawn up in any form, taking into account several relatively simple but mandatory rules. Typically, a form is used to draw up a document, available for download via the link. The main nuances of filling it out are as follows:

• Among the necessary details are the name of the court, as well as information about the defendant and plaintiff;
• the title of the document indicates the article on the basis of which the dismissal occurred;
• the text of the claim should specify in detail the details of the employment contract and its validity period;
• information about actual wages and the amount of earnings not received due to forced absenteeism after suspension from work is important;
• after the circumstances of the case, the employee’s petition for reinstatement and receipt of salary for the downtime should be placed;
• The statement of claim is completed by the signature of the plaintiff with a transcript and date.

What financial expenses should you prepare for?

According to Article 393 of the Labor Code of the Russian Federation, citizens filing claims against their employers are exempt from paying state fees; the filing of the application itself does not entail any monetary costs.

This is important to know: How much does it cost to file a statement of claim in court?

At the same time, in order to increase their own chances of success in the process, a citizen should take care of involving a professional lawyer in the process who can competently prepare all documents and represent the interests of the plaintiff. The cost of legal services varies widely and depends on:

• the region in which the proceedings take place;
• volume of services provided: it is permissible to involve a professional only in the representative office, without drawing up documents, which is cheaper than buying a full set of services;
• experience, qualifications and professionalism of a lawyer.

List of additional documents

A set of supporting documents must be attached to the lawsuit for illegal dismissal. It usually includes:

• The order of acceptance to work;
• labor contract;
• employment history;
• if available, references from the place of work, acts of disciplinary sanctions and rewards, certification results and other similar documentation that may become the basis for recognizing the plaintiff’s claims as legitimate.

An illegally dismissed employee must understand: the more documents he provides, the better. Judicial practice clearly shows that a documented position of the plaintiff significantly increases the likelihood of a positive decision by the judge.

Filing a claim

For this category of disputes, the employee has the right to go to court 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 (Article 392 of the Labor Code of the Russian Federation). In case of absence for valid reasons (illness, force majeure, etc.), the deadline, at the request of the plaintiff, is restored by the court.

In accordance with Art. 29 of the Code of Civil Procedure, a claim for illegal dismissal is filed at the location (residence) of the employer, at the location of the branch, or at the place of residence of the employee (at the choice of the plaintiff). Workers are exempt from paying state duties on labor disputes (clause 1, clause 1, article 333.36 of the Tax Code of the Russian Federation).

What are the recovery periods and what compensation is the employee entitled to?

The employee has the right to be reinstated at work the very next day after the judge's decision . At the place of work, the employee must present the writ of execution to the employer. If the latter does not agree with the resolution, then the employee has the right to appeal to the bailiffs at the place of registration of the organization.

The period of forced leave falls entirely on the shoulders of the employer.

An illegally dismissed employee is required to receive monetary compensation . It is calculated from the average salary for the period from the moment of dismissal until resumption in position.

Cash compensation is paid on the day the company pays salaries. The amount can be compensated either in whole or in part.

Is it possible to recover from illegal dismissal and how?

The main guarantee in a positive consideration of a case of illegal dismissal is the opportunity for the employee to return to his previous place on the day the decision is made. If the employer still does not allow the employee to perform his duties, then this will be considered a repeated violation of labor legislation, which means that new proceedings, inspections and a new administrative fine are just around the corner, only with more severe consequences, Art. 396 Labor Code of the Russian Federation.

Whether an employee should return to such an employer is up to him to decide, but there are several situations when reinstatement is impossible for objective reasons, Art. 394 Labor Code of the Russian Federation:

• if the employee does not ask for reinstatement, but only wants to change the wording in the order and work book;
• if during the course of the dispute the term of the employment contract has expired;
• if during this time the person has already started working at another enterprise (the date of dismissal should then be indicated the day before the new employment).

A creative approach to dismissing one of the team members may result in fines, costs and administrative measures against the employer. Unfortunately, not many of those who have experienced unfair treatment from their superiors decide to fight for their rights, because the courts in such situations often take the side of the hired persons, and not their employers.

If you have any questions on the topic, ask a lawyer.

Resolving the issue through court

Perhaps the court is the only authority that will help in this situation. According to statistics, in 9 out of 10 cases, an employee is restored to his rights after going to court.

Along with the application, you must collect a package of documents:

• 
  Copy of the passport.

• Individual employment contract.
  Not all employers seek to enter into an employment contract in order to avoid paying taxes and other costs. When hiring, insist on this agreement. If there is no contract, then ask for a salary certificate. Based on the information in the certificate, you will be paid wages for the period of forced absence. The employer, according to Article 14 of the Labor Code of the Russian Federation, is obliged to provide this certificate within five days from the date of request.
• Work book with a record of hiring and dismissal.
• Copies of documents confirming your work activity at the company.
• Receipt for payment of state duty.