Незаконное увольнение. Как защититься от незаконного увольнения, рекомендации юриста. Трудовое право

Lawyer Sergey Kanevsky Lawyer's page on the website 9111.ru: https://www.9111.ru/urist-8402198/ Legal social network, free consultations and a database of answers to legal and legal questions: https://www.9111.ru Consultations of lawyers of the website: 8 800 505 91 11 - call within Russia is free. Illegal dismissal, labor law of the employee: When you are offered to resign of your own free will - this is a declaration of war. From this moment on, your boss and the HR department are no longer your friends - we are critical of any information, statements and threats. If you resign of your own free will, you will have almost no chance of being reinstated at work - this is what judicial practice says! Next, I will tell you about the tricks that employers resort to in order to get you to quit voluntarily: Trick 1 "On the fool" This is when the employer simply gives an order to write a letter of resignation of your own free will. Without giving any reasons for it. He uses his work authority. The employee subconsciously perceives this as one of the tasks that he must complete. We watch American films or shows. For example, The Apprentice - a show hosted by the current US President, Donald Trump. It was enough for him to say "You are fired" and the participant of the show goes to collect his things. Here I want to return to what I have already said - the requirement to resign radically changes the nature of your relationship. You and the employer are no longer one team, you have your own goals, he has his own. Trick 2 "If you don't quit yourself, we'll fire you under the article" Article 81 of the Labor Code of the Russian Federation provides an exhaustive list of grounds on which an employee can be fired at the initiative of the employer. Those that depend on the employee are either one-time serious violations, such as absenteeism, theft, or showing up to work drunk. Or systematic failure to fulfill work duties with one outstanding disciplinary sanction. That is, it is impossible to fire under the article, as they say, "out of the blue", in compliance with the law. Trick 3 "I will give impossible tasks" In court, it is the employer who is responsible for proving that the tasks were A) within the framework of job descriptions B) were not performed without good reason The employee can also present evidence of the "impossibility" of the tasks. Trick 4 "I'll ruin your career, no one will hire you" This threat is sometimes actually realized. But you need to keep in mind that the reputation institution is poorly developed in the Russian Federation. In addition, after you leave, the employer has no reason to harm you: -Does not bring him any additional benefit -He will make an enemy in you -Under certain circumstances, it may be grounds for a claim for the protection of honor, dignity and business reputation (Article 152 of the Civil Code of the Russian Federation). Therefore, if you are not a high-level managerial employee, do not work at a city-forming enterprise - there is nothing to fear. Trick 5 "Promises" I'll arrange a job for a friend! - please, transfer to another job under the Labor Code of the Russian Federation, Article 72.1. At the written request of the employee or with his written consent, the employee may be transferred to a permanent job with another employer. Bonuses? Please pay BEFORE signing the resignation letter, or as part of the compensation for dismissal by agreement of the parties - 78 of the Labor Code of the Russian Federation. Let's sum it up So, dismissal at "your own request" is usually not beneficial for you. What to do if you are asked to leave: 1) Do not sign anything. Take time to think about it, because the decision is very serious. 2) Discuss the situation with a lawyer, psychologist, career consultant. These functions can be performed by relatives and friends. 3) Understand what you want in this situation - to quit with compensation or stay at work. Based on this, develop an action plan. I hope that my advice will help you not to be fired "at your own request"! #illegaldismissal #laborlaw #lawyer