Legal encyclopedia. Letter B

RESTORATION AT WORK -

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The return of the employee to the previous legal position that existed before the illegal dismissal or illegal transfer to another job.

Recoverable employee:

1) the previous work (position) that he performed before the illegal dismissal or transfer is granted;

2) all time of forced absenteeism due to illegal dismissal or transfer or a difference in wages is paid;

3) his uninterrupted length of service is restored, and the time of paid forced absence is included in all kinds of his experience, including years of leave;

4) from the day of restoration, the employee has the right to pay for the sick leave. It is restored in all rights for this work, positions (referring to benefits, etc.).

Recovery at work takes place in

The case of dismissal without legal grounds or with violation of the statutory order of dismissal or illegal transfer to another job. The employee in these cases is subject to restoration on the previous work by the body considering the labor dispute.

Simultaneously with the reinstatement at work, the body considering the labor dispute collects from the employer the payment of the forced absence associated with illegal dismissal or transfer, or the difference in earnings during the performance of the lower paid work. However, the law does not limit the amount of these pecuniary penalties by any term. Therefore, payment for forced absenteeism with illegal dismissals and transfers should be made for the entire time. At the same time, the payment should be indexed accordingly.

In addition, the court is entitled to recover from the employer, upon request, an employee who has been dismissed without a legal basis, and compensation for non-pecuniary damage, the amount of which the court determines, taking into account the physical and moral suffering of the employee from the indicated actions of the administration.

Consideration of labor disputes about reinstatement at work is the most important

Form of protection of the right of citizens to work and to freedom of labor. This category of cases now occupies a large place in the court.

When considering a labor dispute on dismissal, it is necessary to clarify the following circumstances in order to establish its legitimacy or illegitimacy: on whose initiative the employment contract is terminated, whether the grounds for dismissal and the reason for dismissal are consistent with the law, the law and actual reasons for dismissal, This basis. It is necessary to find out whether the employee has general and additional guarantees for dismissal and whether they are respected. This category of cases is now considered by the court as a single judge, and disputes on dismissals are collegial with the participation of people's assessors. But if all the participants in the dismissal dispute do not object to the sole consideration of this dispute, it can also be considered by one judge. The justice of the peace, all labor disputes subject to him, resolves solely, guided by the norms of the law.