No one is immune from widespread lawlessness. Unfortunately, this phenomenon is present in all countries, and some categories of citizens prefer to solve their problems in this illegal way. If the employer decided to fire you and signed the corresponding order, do not despair. There is always the opportunity to achieve justice. To do this, go to court. But, as in any business, there are some peculiarities associated with the execution of documents and the procedure for their submission. If you delve into the intricacies of the process, you can get your job back.
Illegal dismissal from work
One type of such offense is the loss of a job. It should be noted that this began to occur much more often than before. The bosses of organizations and enterprises do not always resolve issues related to labor agreements in legitimate ways. Many people annually face the problem of unjustified dismissal.
The negligence of the employer in this matter requires the right legal decision. To date, the state has developed a special scheme for the restoration of violated rights. This procedure is the basis for ensuring the rights of every citizen. All employees who have lost their post as a result of illegal actions have the right to reinstatement.
This procedure is fully regulated by law. Its proper use will fully restore the lost rights and even compensate for the damage. First of all, it is worthwhile to understand that these cases are considered exclusively by the courts, so for starters you will need to file a lawsuit for reinstatement.
Litigation to ensure the resumption of an illegally lost workplace
We all know very well that in our country there is a special body that deals with the restoration of justice. The court is an independent court that acts in the interests of justice. She does not submit to any party to the process and acts solely in the interests of deciding a fair decision.
Therefore, if a person is faced with a problem of violation of legal law - you must certainly contact the judicial authority. Cases of reinstatement are also considered by this authority, as they fall into the category of cases in which justice must be established.
Most often, such situations arise during bilateral termination of the employment contract. As practice shows, the employee himself remains dissatisfied with the consequences that resulted from his dismissal. Or simply, over time, he realizes that he has lost the job that he still needs. In such situations, the illiterate dismissal by management plays a decisive role. That it can cause a person to go to court. Quite a lot of pitfalls is fraught with restoration at work. TC describes all possible uses of such a procedure. Therefore, first of all, we recommend that you familiarize yourself with the main nuances of this process.
Conditions for the possibility of using workplace recovery
In order to use the recovery procedure, it is necessary that the loss of a job occurs according to certain schemes provided for by law. Today, a person has the right to file a lawsuit in cases where:
- he was dismissed illegally;
- the dismissal procedure itself was violated;
- he was transferred to another job in an illegitimate way;
- he was called up for military service, and then sent to the reserve (on condition that from the moment he left the workplace it took less than three months);
- an unlawful decision was made on the conviction, but then it changed to an acquittal (in this case, more than three months have passed since the last decision of the judicial authority came into legal force).
That is, if an employee lost his place precisely for the above reasons, then he has the legal right to go to court to restore justice and return to his previous position.
Place of application
A claim for reinstatement is submitted to the judicial authority of first instance. Moreover, it is very important to choose the judicial authority that has the right to consider such cases. First of all, it depends on the territorial location.
So, today in Russia there is a fairly extensive system of judicial bodies. They are located depending on the administrative division of the country. The principle of territoriality states that the jurisdiction of the courts extends exclusively to a certain part of the state. For example, a resident of Moscow cannot appeal to the court of justice of the city of Yaroslavl.
Restoration at work requires the submission of a special application to the judicial authority, which serves the territory at the employer's location. In this case, do not confuse the address of the employer and the organization in which the person worked. In our case, the second option is taken into account, since the appeal will be addressed to the legal entity - the company whose position has been lost. The place of residence of the employer (individual) will be important only when you have worked for him as an individual entrepreneur. In such cases, when registering his activities, his registration and workplace coincide.
In addition, if the employer has branches and representative offices, then the choice of court depends on the person who has lost his job. It can choose any structural body and, based on this, apply to one or another body of justice. But in this case, it must be understood that in the labor contract between the parties there should not be a clear indication of the place of work of the person assigned to a particular branch. If such a clause exists, then an application for reinstatement will take place at such a location.
According to the general rule, it is necessary to apply to local courts, which are located in all administrative centers of the country. In addition, in cities with district divisions, each constituent unit has its own separate judiciary. Therefore, you should choose the authority that serves your area. In other cases, the application simply will not be accepted, referring to the fact that it was provided at the wrong address, and this court has no right to consider documents that are under the jurisdiction of another body.
Application - the basis of appeal to the court
Having made sure that your situation is suitable for the requirements described above, you can proceed to the preparation of a special document necessary for opening a trial. The judicial authority begins consideration of the case only in the case when an application for reinstatement has been received from the employee.
Such a document is drawn up by the affected party. In our case, this is an employee who has lost his job illegally. In this case, it is necessary to adhere to the basic rules for writing an application, which are regulated by law.
There is no clearly defined form for compiling this document (as, for example, there is a registration form when registering a legal entity). That is, a statement is prepared in a voluntary form.But it’s worthwhile to understand that there are certain requirements for the content and execution of the application, without which you may be denied consideration of the case, referring to the incompleteness of the information provided to the justice authority.
Content of the statement of claim
As we have already decided, without submitting a special document that will be correctly and correctly executed, it is impossible to restore to work. The statement of claim can be divided into several sections that differ in the information contained in them. Such a document consists of the following items:
- "cap";
- main part;
- requirements;
- additional applications (if necessary);
- final part.
Cases of reinstatement at work will be considered solely on the basis of a statement that will be drawn up under such a scheme. It is important enough to understand that swapping the sections above does not make sense. All data should be presented in that order.
The "cap" of the application for the restoration of the employee at work should contain information about:
- the court to which such a document is submitted;
- the name of the plaintiff, that is, the person who goes to court to restore his violated right;
- the defendant, who is summoned to investigate and prove his innocence, and in cases of impossibility to provide such data - compensation;
- claim price.
First of all, in the upper right corner the name or names of the subjects, their addresses, and telephones are indicated. The price of the claim includes both material losses and moral losses.
Drawing up the main part of the statement of claim
Particular attention must be paid to this particular part, since it carries the greatest information load. First of all, in the middle of the sheet immediately after indicating the parties to the case and its price, the name of the document is written. In our case, this is the “Statement of Restoration at Work”.
Already the entire width of the page describes the essence of the matter. First of all, it is necessary to indicate what exactly defines the violation of the law, that is, to state the illegitimate reason for the loss of a job. You should be neutral when writing a statement, that is, you don’t have to emotionally describe what your employer is so bad and did everything wrong. It is necessary to calmly upload all the data, referring to the facts of the events, which in the future, during the trial, will be confirmed. The presence of emotional coloring will make it difficult for a court to understand the essence of the matter.
In addition, it is very important to indicate the exact dates of events. An application for reinstatement must have an exact temporary fix. In addition, a reference to normative legal acts that confirm the illegality of the defendant’s previously taken actions remains an important fact. Therefore, before writing a lawsuit, read the provisions of the Labor Code, which clearly describes all aspects of the relationship between the employer and his subordinate. They will not only become the basis for further consideration of the case, but will also testify to the person’s literacy and awareness in protecting their rights.
Claimant's claims and the final part of the application
Reinstatement through the judiciary requires a clear indication of the purpose of such actions. After all the information on the essence of the matter has been stated, it is necessary to indicate what exactly the plaintiff seeks. In this case, as a rule, they write about the need to return the position that the plaintiff held before he was illegally deprived of his job. It is important to indicate the name of the position in which the employee was registered.
In addition, the plaintiff has the right to compensation for non-pecuniary damage. If for him the loss of work became an emotional shock that led to certain complications of life, one can designate compensation for such losses in cash.If necessary, you can indicate additional petitions for the involvement of witnesses in the proceedings.
The final part contains information about the documents that are attached to the application. In addition, the date of filing the application and the signature of the plaintiff himself are indicated.
Ways to file a document to open a lawsuit to restore the workplace
The statement that is submitted to the court is a lawsuit. The court may notify the reinstatement of work in several ways. For this, it is worth considering all possible forms of submitting documents to the justice authority. Depending on who provides the documents to the court, distinguish:
- personal provision by the plaintiff;
- through a trustee.
The first option is characterized by the fact that it is the worker who suffered from illegal actions that submits the document.
The second method is characterized in that instead of the plaintiff, a third party is involved in providing the application. This is a person who has the right to represent the interests of the employee and acts by proxy. Such a document must necessarily contain a clause directly indicating the notarized ability of the person to file a lawsuit.
Depending on the form in which the claim is filed, there are:
- personal feed;
- mail with notification.
The reinstatement of a court job involves opening a case on the basis of the mail received. This method is often used by those people who do not have the desire to personally apply to the registry of the court, at the risk of hearing a refusal to accept. To do this, it is possible through any postal department to send registered documents to the address of the justice authority by registered mail.
If we talk about personal presentation, then this is the traditional way that most citizens use. To do this, during working hours, the plaintiff or his representative is sent to the justice authority and transmit the application to the state employee. He registers documents by affixing appropriate notes on them. In addition, in such a situation, it is recommended to have a copy of the application and ask the court officer to sign it, having previously set the filing date.
The method of filing does not matter, it does not affect the result of the case and the restoration to work. The court decision in no way should be based on whether the plaintiff personally visited the clerical office or not.
Some nuances
Recovery to work has several of its features. First of all, it is worthwhile to understand that such a process can be delayed if the employer decides to prove his innocence and hires professionals for whom this is the main job.
In addition, it is worth noting that reinstatement for work for absenteeism, which some employers consider lost days after dismissal, according to the Law should be paid in a general manner. This is intended to ensure that a person who has been left without office in an illegitimate manner does not suffer losses for actions for which he is not guilty.
The decision to reinstatement is binding on both parties. The only way to challenge him is to file a lawsuit in the court of appeal.
