Application for illegal dismissal how to issue

Each employee of the organization has the right to defend his interests and freedoms, relying on articles of labor legislation. The frequently occurring types of labor disputes include disagreements between the employer and the employee who have arisen when dismissing the latter. Currently, this process is often accompanied by offenses from the leadership. If you have become a victim of illegal termination of labor relations, in this article you will find an answer to how to make an application to restore justice.

1

Legal plane and substantiation of dismissal

The issues of offenses are classified as individual labor disputes. They are regulated not only labor legislation, but also civilian-legal. In this regard, specific features of legal proceedings arise. There are two options for the liberation of the employee from the position of office: from his personal motives and on the initiative of the employer. According to the second principle, it is often dismissal with falsification or unreasonable arguments to terminate labor relations. At the same time, the legislation establish a clear list of grounds for dismissal at the request of the employer ( art. 81 TC RF). It is shown in the figure below.

In addition, any of the reasons must be accompanied by an appropriate procedure. The retreat from the established norms of the law (the unreasonableness of the reasons for the dismissal and non-compliance with a certain procedure) may be regarded by an employee as a violation of his labor rights and be appealed to the employment inspection, the prosecutor's office or in court.

2

Complaint of the labor inspection

The submission of claims to the State Labor Inspectorate (hereinafter referred to as GIT) has a less labor cost procedure than an appeal to court. Therefore, the struggle with the "negligent" employer start with the appeal to this instance. For this:

1. Find out what inspection your company is fixed to decide on its address and find out the name of the head.
2. Write a letter to recognize dismissal illegal and restoring an employee in the same place. Such an application must contain:
   • Name of Git and the name of the head.
   • Personal data of the victim (FULL NAME, address of residence and work).
   • The presentation in the style of business correspondence of concrete facts that violate the rights of the employee.
   • Specifying request to recognize dismissal invalid.
3. Submit a written application for the restoration of violated rights within a month from the date of termination of labor relations.

Addresses of labor inspections here.

Application samples are available on our website:

• Application form in the labor inspection;
• An example of an application for an employment inspection.

3

Claim to court

If circumstances at dismissal do not have obvious offenses, and the case qualifies as a complex and tangled, it will immediately go to court. For these activities, the law set the maximum term - 3 months from the date of signing the order. The appeal period can be restored by the petition. Relevant cases are considered by the district courts of first instance.

Patitation template for the restoration of the claim here.

An example of a petition for the restoration of the claim here.

4

Form and content of the claim

Such a document must meet all the requirements of Russian jurisprudence. Therefore, when it is compiled, adhere to the generally accepted rules:

1. Start clearance from the header. Specify in it:
   • court name;
   • personal data plaintiff;
   • details of the defendant (organization name, its legal address).
2. In the body of the document, specify the facts that encounter you to apply to the court. All arguments to reinforce the evidence that the grounds for termination of the employment contract are falsified or reserved the principles of the Labor Code.
3. Make a list of accompanying documents (a copy of the order for admission to work, labor book, etc.), put the date and the personnel signature.

Place the claim by relying on samples of applications of our website:

• Typical application for illegal dismissal;
• An example of an application for illegal dismissal;
• Suit on the illegality of the dismissal of the serviceman;
• Sample asking for the illegality of the dismissal of a serviceman;
• Suit on the illegality of dismissal from the internal affairs bodies;
• Sample Claim about the illegality of dismissal from the internal affairs bodies.

5

Appeal to the prosecutor's office

The powers of the prosecutor's office are not much different from the competence of GIT. Accordingly, the statement of illegally dismissed citizen is drawn up on the principle described for the Labor Inspectorate. As a result, on the fact of the inspection carried out and when revealed by gross violations by the employer, the prosecutor will be decided to apply to the court with a claim to restore the applicant at the same place of work ( art. 45 Code of Civil Procedure of the Russian Federation).

Illegal dismissal complaint we have.

Sample complaint about illegal dismissal on the site.

It is necessary to understand that labor inspection is the same as the prosecutor's office, only engaged in compliance with the dismissal procedure. From their requirements and prescriptions can be competently unsubscribe. Therefore, only a skillfully compiled claim can guarantee success in the outcome of the conflict.