In the era of the crisis, the number of illegal workers' cuts increased. For some superiors, this is a good excuse to get rid of unloved employees, not performing during the discharge of their obligations. Is it possible to defend itself against such arbitrariness?
Consider a couple of the most common cases of dismissals of workers, in which the rights of the readers were clearly violated. And, of course, consult a lawyer.
Illegal dismissal of working personnel.
For three years of work at the household appliances company, a girl named Anna went through a thorny path from the sales manager to the head of the department. But at the time of the crisis, the business at the firm deteriorated, and together with them - and Anino workplace. One morning her boss came into the office to Anna and began a business conversation.
"Anechka, you know that with the crisis, the losses at the enterprise have fallen, and now we have to lay off a large part of the workers and unite three departments at once. You worked well, but your services will no longer be needed. Therefore, you will have to write a statement of your own free will and part friends. "
"And if I refuse?" Anna admitted for a moment and immediately regretted it.
"Then we'll fire on another article: do not worry, the article will be found," the headmistress did not hesitate to reply.
Anya decided not to spoil her work book and after a bit of hesitation she wrote a statement. Already in the employment service, where Anya came to register, it turned out that she would be paid much less than if she had been dismissed for reductions, and the severance pay was implemented for her by the same reason. The question - "How it was necessary to act and whether it is possible to correct something in this situation?" - she asked a lawyer.
Comment by a lawyer. First of all, you were to be dismissed for another article "due to the reduction in the number of employees" and to warn at least two months before the dismissal. If you are persistently forced to write a statement of your own volition, then console him, but on the same day send a letter saying that you do not want to quit and take your application. You can withdraw your application within two weeks from the time you filed it, as in your case. The application is written in the name of the first leader and is registered with the secretary. If you are refused - send it by registered mail. In addition, part two of the same article provides that if an employee does not leave the workplace after the end of the notice notice period and does not demand the termination of the employment contract, the employer can not dismiss him on the application submitted earlier, except when he was invited to take his place another employee. And one more tip: in this situation, do not rush to take your workbook, because by this you will confirm to them that you have actually terminated the employment relationship with this enterprise. Just whether you should continue them, are you ready to sue the company?
On a forced release.
In the studio, where a girl named Olga works, the work with each day became less. And exactly one month ago, when she was paid only half of her wages with other employees, it became clear that they would soon be dismissed. But the chief did not hurry with this, but then she announced to everyone that they should write a vacation application at their own expense for two whole months! This news made Olga turn to a lawyer for help: was she right with her and other employees?
Comment by a lawyer. According to the laws "On holidays" an employee may be asked to go on leave without saving wages for no more than 15 calendar days per year. Therefore, your boss's actions are illegal. In this case, you have the right to demand an explanation of the downtime at the enterprise. And in this case, the idle time was not due to the fault of the employee and is paid at least two-thirds of the salary established by the employee. The idle time due to the fault of the employee is not paid.