How to protect yourself from illegal dismissal? How to quit and get paid? How to protect yourself from dismissal.
How to protect yourself from illegal dismissal? How to quit and get paid?
How to protect yourself from illegal dismissal?
As a rule, the reason for dismissing an employee can be either gross violation labor discipline, or failure to fulfill certain duties. Unfortunately, employers do not always adhere to the rules and current legislation, and fire their employees for unknown reasons. To avoid getting into such a situation, employees are obliged to know their rights and fulfill those assigned to them. job responsibilities, and also adhere to generally accepted rules.
Firstly, under no circumstances allow yourself to skip work. Absenteeism is considered absence from work for more than four hours. If you have a valid reason for not showing up for work, then the absence will not be counted. To legally protect against dismissal, it is recommended in such cases to submit a special document that will confirm a valid reason for your absence. Let's say your train is delayed, in which case you can bring a certificate from the railway station. Not every employer can calculate this reason respectful, in which case he can make a reprimand or reprimand. But according to the law, he does not have the right to fire. As for being late for work as a result of a traffic jam, consider good reason it is forbidden.
Termination of an employment contract is possible if the employee performs his duties poorly or does not perform his duties at all. An employee can be dismissed if there has been a previously imposed disciplinary sanction.
To avoid any misunderstandings, it is recommended that the employment contract must specify the duties that each employee is required to perform. You cannot fire an employee for not doing work that is not specified in the employment contract. For example, he is required to sell goods, but he is forced to wash floors. In this case, the dismissal will be considered illegal.
Problems with dismissal, how to quit and get paid?
Today is a very unstable time. That is why every employee of an enterprise and company tries with all his might and with all his might to stay in his job. Otherwise, his life can be called existence. Since stable income is out of the question. And if there is also a dismissal, then you may be left without a salary. Often, many companies resort to certain tricks in order not to pay employees what they have earned. cash. To avoid being deceived, it is recommended to pay attention to many details. For example, fill out your work book correctly. At the same time, do not forget that it is issued directly on the day of settlement. Once you receive it in your hands, be sure to look at every detail as carefully as possible. If you see an inaccuracy, then ask your employer to make the change immediately on the spot. Negligent attitude of an employee towards his work book can lead to many different troubles. Then you will have to resolve this issue directly through the court.
According to current legislation, the employer is obliged to pay the employee on the settlement day all funds due. Very often the amount received and the amount promised are different. In this case, contact the chief accountant or director and explain that your salary or bonus was calculated incorrectly. If the recount is refused, the employee has the right to go to court. In this case, you will not need to pay a court fee. In other words, no state duty will be paid.
It must be said that incomplete settlement with the employee on the settlement day is fraught with consequences for the employer. Thus, compensation will be calculated for each day of delay. But you shouldn’t delay going to court, otherwise it will not be in favor of the employee.
Employee error: Having succumbed to anxiety and the employer’s threats to give a negative recommendation for a new job, the employee writes a statement and quits “on at will».
Result: An employee is fired without severance pay, leaving no time to search new job. New employment due to lack of time to find a suitable vacancy results in loss of earnings. The employee’s family is left without a livelihood for several months, and is not in a New Year’s mood at all...
Lawyer's comment: Before writing your resignation letter, think about yourself and the people you care about. If you don't have enough saved up to last you at least a few months, don't agree to quit your job! If the employer decides to fire you for fictitious reasons (for example, for absenteeism that you did not commit), you will most likely be able to go to court to recover from the employer average earnings during forced absence. As a result, you will have something to give away the money you borrowed from friends for food and basic necessities. Please also keep in mind that arbitrage practice proceeds from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If an employee claims that the employer forced him to submit a resignation letter of his own free will, this circumstance is subject to verification by the court. However, the responsibility to prove the facts of pressure rests with the employee.
Therefore, if an employer puts psychological pressure on you and voices threats, try to record these facts using a voice recorder and other technical means. Enlist witnesses who can, in the event of a dispute, confirm that you were forced to resign. Save the contacts of employees who have resigned - often people simply cannot find their former colleagues who witnessed facts of forced resignation. You can challenge dismissal “at your own request” within a month from the date of delivery of a copy of the dismissal order or issuance of the work book.
Do not forget also that you have the right to withdraw your resignation letter within two weeks from the date the employer receives the application (Article 80 of the Labor Code of the Russian Federation). You must withdraw the application in writing, keeping the second copy of the application with a mark of receipt by the employer.
Situation two
Employer action: Company management tells employees they need to write a leave application without saving wages(popularly “administrative leave” or “leave at one’s own expense”). Often such actions are accompanied by the distribution of a corresponding application form, in which employees are asked to put their full name, date and signature.
Employee error: Out of a sense of collectivism and in the hope that such loyal behavior will be “counted” by management in the future, most employees agree to sign an application for leave.
Result: The employee is left without a livelihood, trying to find temporary part-time work or “hack work,” which, as a rule, turns out to be less paid and unstable. Therefore, if you have already written an application for leave without pay, you risk encountering New Year on a starvation ration. However, unlike someone who quits, an employee on leave without pay still has the right to withdraw his application at any time, after which the employer will have to either pay wages or dismiss the employee after two months due to reduction with severance pay.
Lawyer's comment: If you do not have a real part-time job, this option does not promise you any benefits. Continuous work experience has lost its former legal meaning and no longer affects the assignment of a pension. Most likely, the employer simply does not want to pay you the payments required by law. severance pay, compensation for unused vacation. The period for granting unpaid leave is not limited by law. The employer’s calculation is simple - most likely, the employees sent to “free sail”, after suffering, will find a new job and come with a letter of resignation of their own free will, just to pick up their work record book.
Conclusion - if you have one job, then most likely writing an application for leave without pay is not in your interests. Refuse to write an application, and if you have already signed it, write a new one - about refusing to grant leave without pay - and go to work. If you have evidence of pressure being exerted on you when writing applications for leave without pay , You can expect to receive average earnings from your employer during the illegal dismissal from work by going to court.
Situation three
Employer action: Two weeks before the end of the probationary period, the boss calls the employee and says that there are serious criticisms of his work and the most The best way- resign of your own free will. At the same time, the employee is informed that if he refuses to write a statement, he will be dismissed as having failed the test and is unlikely to be able to find a decent job. The employer's actions are often explained by a good attitude towards the employee and a reluctance to spoil his business reputation and work record.
Employee error: Because of the fear of receiving a negative entry in the work book, the employee writes a letter of resignation of his own free will and leaves the company.
Result: The employee is left without a livelihood and tries to look for another job. Unlike an employee who quit of his own free will, having an “indefinite” employment contract, employee passing probation more adapted to the situation of looking for a new job from a moral point of view. As a rule, when a person finds himself in such a situation, he believes that he was simply unlucky and continues to look for a job again. However, new year holidays spoiled - looking for a job before mid-January is almost pointless - hiring decision makers are riding on alpine skiing outside the country.
Lawyer's comment: According to Art. 71 of the Labor Code of the Russian Federation, an unsatisfactory test result must be motivated by the employer. The employer is obliged to notify the employee of dismissal on this basis no later than 3 days before dismissal, setting out the reasons that served as the basis for recognizing the employee as having failed the test in writing. The burden of proving the validity of the reasons and the fact that they occurred lies with the employer.
If you were fired unfairly on this basis, we recommend that you, within a month from the date of dismissal, file a lawsuit for reinstatement and recovery of average earnings for the days of forced absence, as well as moral damages. If you have no unfulfilled assignments, absenteeism, etc., there is a high probability that the court will restore justice and your suffering will be compensated. Do not be afraid to receive a negative entry in your work record book. Everyone knows that during a crisis, many employers fire employees, flagrantly violating the law. The main thing is to correctly explain the situation when applying for a new job.
Remember also that the probationary period is not a reason for non-payment of severance pay to you in the event of a reduction in your position. If you are laid off, you are subject to the same layoff procedure as for other employees - notice of dismissal at least two months in advance and payment of severance pay. Thus, if you manage to withstand the attack and force the employer to comply with the law and dismiss you due to staff reduction , you are guaranteed to maintain your income for 5 months. So, for two months after notice of dismissal, you continue to work in your position, then upon dismissal you receive severance pay in the amount of your average monthly salary. If you do not find a job, then you will retain your average earnings for the second month after dismissal. If you register with the employment service within two weeks from the date of dismissal and register as unemployed, then the average earnings will remain in the event of unemployment for the third month from the date of dismissal.
Situation four
Employer action: The company's management strongly recommends that employees quit their jobs “by agreement of the parties” due to the financial crisis. Two salaries are offered as compensation. The HR service assures that this is an offer that cannot be refused and its validity is limited to a few hours. Those who are not fired “by agreement of the parties” are threatened with dismissal for absenteeism or inadequacy for the position held.
Employee error: Deciding that “there is at least a tuft of wool from a black sheep,” the employee signs an agreement to terminate the employment contract.
Result: Having come to his senses and discussed what happened with family and friends, the employee sometimes regrets what he did, since it is not always possible to find a job within two months, even during a crisis. Sometimes an employee remembers that out of the two salaries specified in the agreement, one should have been paid to him as compensation for unused vacation. However, despite some disappointments, in this case the employee has something to cover New Year's table, and also has time to realize the mistakes and start looking for a new job.
They want to fire me, what should I do? Today’s publication will be dedicated to all those for whom this issue has become relevant. Perhaps someone whispered to you about your upcoming dismissal, perhaps you found out about it yourself, or perhaps you were simply told about it directly. So, what to do if they want to fire you.
First of all, of course, do not panic, look at the situation pragmatically and without emotions.
If an employer wants to fire you, this does not always mean that something will change for the worse. It is likely that, on the contrary, this will make things worse for your employer.
Therefore, the first thing you need to do when you have a reasonable thought “they want to fire me” is to carefully weigh the pros and cons and decide whether you really need this job. Maybe the employer’s desire to fire you is just the missing push that you needed in order to finally change this job to something more interesting and promising?
After which, based on your thoughtful decision, there may be two scenarios:
1. If they want to fire you, but you don’t really mind, then you need to take all measures to ensure that this dismissal takes place with maximum financial benefit for you. Maybe we should even speed it up.
2. The employer wants to fire you, but you don't want to quit. This option, of course, is more complicated, and it requires thoughtful, and most importantly legally sound, actions on your part. Of course, certain tricks that you can use cannot be ruled out.
I will say right away that if they really want to fire you, then in most cases this will most likely happen anyway. The only question is, firstly, the timing, and secondly, the article under which you will be fired, which means your financial benefit from this dismissal. Of course, it cannot be denied that in some situations dismissal can be avoided, but the percentage of such an outcome is still not large.
So, let’s say the fear “they want to fire me” is confirmed. What to do in this case? If no one has officially announced your dismissal yet, then, first of all, you need to decide: should you go talk to your boss or pretend that you don’t know anything. It is difficult to give a definite answer here: everything very much depends on the situation, on your further intentions, and even on the character and personality type of your leader.
However, you now have one very important trump card: time to prepare for this conversation. That is, study labor legislation, consult with lawyers, collect as many arguments as possible to defend your position. And this, believe me, is a lot! In addition, perhaps your manager, being, for example, self-confident, will spend less time preparing for this conversation, or not at all, so the advantage in this moment will be on your side.
If they want to fire you, but this has not yet been officially announced to you, carefully prepare for a future conversation on this topic with your manager. Collect as many weighty arguments as possible (justified by references to specific legislative acts!) in your favor. After all, you need to do everything possible to competently defend your rights.
Now let's look at some special cases of situations in which the employer wants to fire you.
What to do if they want to fire you under the article.
The so-called “dismissal on the basis of an article” means that your work book will indicate that article of dismissal that will create serious obstacles for you in further employment. In labor law different countries There are a number of such articles, I see no point in listing them all, I will only say that if you heard that they want to fire you under an article, this is something very undesirable for you.
However, something else is important. All specialists in labor law They agree that dismissal under this article is very undesirable for the employer himself, perhaps even more undesirable than for his employee. The fact is that workers dismissed under the article very often go to the courts (after all, this is a serious matter), and these courts in most cases take the side of the workers. And this threatens the employer with serious inspections, which will create many problems for him, as well as the payment of moral compensation and even the possible reinstatement of a dismissed employee, which is even more undesirable.
Therefore, remember the following: dismissal under the article can really only happen if you have really, very seriously committed a crime (you can always consult with lawyers about the degree of your guilt before the company). For example, something was stolen from an enterprise, a criminal case was opened against you and your guilt was proven in court, or you skipped work, which was documented. In other cases, if they want to fire you under an article, most likely they are simply scaring you so that you write a statement of your own free will, and the employer does not have to officially lay off you, incurring significant additional expenses. Keep this in mind, and be able to calmly and legally competently argue your “savvy” in these issues when talking with your manager.
What to do if they want to fire you voluntarily.
Most often, this is the situation that arises: the manager wants to fire you of his own free will, instead of carrying out an official reduction and paying the severance pay due.
In this case, you need to assert your rights. Of course, without emotion, in cold legal language, referring to specific provisions of the law, explain to your employer that forcing him to resign at his own request is illegal, and if he continues to violate labor laws, you will have no choice but to defend your rights in court or by applying to various government bodies that monitor compliance with workers' rights. Surely your manager will not like this prospect.
Remember that if they want to fire you of their own free will, this is illegal; no one has the right to force you to write a letter of resignation. Therefore, do not be afraid to defend your rights, and, if necessary, actually contact various authorities. As a rule, they take the employee's side.
If you nevertheless decide to give in to your manager and quit, then it is better to do this not of your own free will, but by agreement of the parties (there is also such an article of dismissal). The meaning is approximately the same, but in this case you will receive much more rights when registering with the employment service, you will receive greater unemployment benefits, which is important.
If they want to fire you voluntarily or you want to resign yourself, then it is better to do this by agreement of the parties - this way you will get more rights upon dismissal.
What to do if you want to be fired due to staff reduction.
Let's say you find out: they want to lay you off. What to do in this situation? Dismissal due to staff reduction is real legal way say goodbye to your employee forever. Therefore, if an employer wants to fire you due to reduction, he will most likely do so, unless, of course, you prove to him that you, as an employee, are invaluable, and it is better for him to transfer his choice to someone else.
The main thing in this case is to ensure that the reduction takes place in compliance with all standards. labor legislation. Namely:
– You must be notified in writing, against receipt, of the upcoming layoff at least 2 months before the date of layoff;
– If your position is being reduced, you must be offered another position if there are vacancies in the company;
– You are required to pay severance pay in the amount of at least the average monthly salary, as well as pay for all unused vacation days and compensatory days;
- Some social groups people are protected by law and cannot be laid off at all, or the issue of their layoff should be considered last.
I took these norms from Ukrainian labor legislation, since it is more familiar to me, I think that similar norms apply in Russia and other countries, be sure to clarify this if they want to fire you due to reduction.
In addition, as a rule, you can agree with the employer that you will be fired by agreement of the parties earlier than the planned date of dismissal due to reduction, but at the same time you are required to pay financial compensation for all unworked days before the upcoming reduction date. This option may be of interest, for example, to those who have already found a new job, or to those who received a salary in an envelope and cannot count on a large unemployment benefit (in the case of dismissal by agreement of the parties, it will be less).
If you want to be laid off, you need to make sure that all labor laws are complied with and that you receive all the benefits due to you upon dismissal.
It is also worth mentioning the two most common tricks that employers often use to illegally fire employees.
1. The manager tells you that simple at the company, therefore, employees need to quit for a while (for example, if the company operates seasonally, then until the next season) or go on unpaid leave at their own expense. This is contrary to labor laws, according to which you cannot be forced to quit or go on vacation at your own expense. They can only officially cut it.
2. If you are retired or often go on sick leave, the manager begins to scare you with dismissal and offers to resign of your own free will, citing the fact that such employees can always be fired first. This also does not comply with the law: retirement age cannot be considered a basis for dismissal, and a frequently ill employee can be dismissed only if medical commission will give a conclusion about his complete incapacity for work, or if he does not go to work for more than the period established by law (several months).
What to do if they want to fire you, but you don’t want to quit?
So, the thought “they want to fire me” haunts you, because this is not at all part of your plans. It will, of course, not be easy to influence the situation, but, in any case, you should try to do everything possible to maintain your workplace, if you really need it.
1. Never complain and don't act like a victim. Such victims are fired first. On the contrary, behave as confidently as possible and do not give free rein to your emotions.
2. Be well prepared from a legal point of view. Understand the norms of labor legislation so that you can always competently conduct a dialogue with your manager.
3. If you receive any claims, conditions, ultimatums, etc. - ask for them to be provided to in writing (for example, at least via corporate email). All written materials Be sure to save them - they may come in handy if legal proceedings arise. Also answer in writing, in legal language, dryly and without emotion, referring to specific articles of labor legislation.
4. Visually demonstrate your increased ability to work. Work hard, showing good results and exceeding plans. It would be very helpful to get written or even verbal feedback from grateful clients about how good and great it is to work with such a wonderful employee like you.
5. Even though your manager wants to fire you, try to establish contact with him. Without unnecessary familiarity and fawning, purely business relationships. Show him your interest in keeping your job, how important this job is to you, how much you like it and how satisfied you are with everything. Under no circumstances make any claims to the manager.
In any case, if they want to fire you, but you really need the job, start right away. It is likely that you will get the best option, and you yourself will happily move from this tense environment to a new place where you will be treated with respect, and there will be better opportunities for earning money.
In general, do not forget that almost any one is currently not the best source of income for personal or family budget. Perhaps you just need to break the stereotype that you need a workplace, reconsider your views, and find other, more promising opportunities for earning money, of which there are many now, the main thing is to see them.
In this regard, the site will always provide you with the necessary information support absolutely free of charge. Stay with us, and you will find out that active earnings are not only hired work, the conditions of which are often close to slavery, but also work for yourself, and in addition to active earnings, you can also earn money, which has a number of advantages that strengthen your financial freedom and independence from other people, and first of all, from employers. Then questions like “they want to fire me, what should I do?” you just won't have it.
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Do you see sidelong glances from your colleagues, management has begun to find fault with your work, inspections have become more frequent? Perhaps now is such a period. Or, perhaps, they decided to fire you and just want to find a suitable reason for this.
Why can you be fired?
The theory and practice of dismissals are very different. In each company, managers resolve this issue in their own way, and not always within the framework of the law. Sometimes employees are “asked” to write a letter of resignation of their own free will, although this is prohibited by law. If you don’t do this, and management seriously intends to fire you, it’s not so difficult to find a reason.
Reasons for dismissal may be:
- staff reduction,
- failure to fulfill one's duties,
- alcohol intoxication and other disorders,
- disclosure of corporate secrets,
- theft,
- absenteeism and tardiness,
- systematic violations of discipline.
The most popular of these is failure to fulfill one's duties. In this case, it is difficult to prove anything, because the management’s opinion is considered authoritative. Therefore, this reason is used quite often. But, unfortunately, things are not always so simple. If you can’t get rid of an unnecessary “frame,” they simply begin to survive it. And, sadly, this practice is in demand.
In some companies, incriminating evidence is collected in advance for each employee - in this case, there are no problems with dismissal. There are many possibilities for forcing a person to write “of his own free will” - from assigning a very difficult task, conducting an assessment, to collectively ignoring him. Of course, this is immoral and wrong. But if you see that relationships in the team have become unbearable, and the boss is biding his time, it’s time to prepare and start looking for another job.
Danger Signals
As a rule, dismissal is a serious event that is discussed by the entire department, and possibly the entire company. Usually such a decision is not made in a day or two. And, if this moment is not kept secret, you may see changes in the behavior of management and colleagues. It's no secret that many employees guess this before leaving. What you should pay attention to?
1. Employee behavior. If you're stuck a good relationship with people at work, perhaps someone will openly warn you about management's intentions. Dangerous signals can also be increased interest and attention to your person, manifestations of sympathy and care.
2. Management behavior. As a rule, on the eve of dismissal, they begin to treat a subordinate with pickiness, criticize his work more, and check him more often.
3. Ignoring. Ignoring your opinion is also a dangerous signal. If you are simply not noticed, and your opinion is not given any importance (and this has not happened before), you should think about it.
Knowing these signals will help you prepare for dismissal in advance, perhaps change management's decision, or at least leave with dignity.
How to fix everything?
1. Work better. Try to show everything you are capable of, take initiative, take on difficult work. Become indispensable, important and needed.
2. Precision is the politeness of kings. If you tend to be late for work, stop doing it. Go out earlier, wake up earlier, but you can no longer be late!
3. Loyalty and positive image. If you do not shine with professionalism, relationships with others can work in your favor. Be attentive, positive, interesting. You simply don’t want to fire a pleasant and cheerful person.
4. Straight Talk. Sometimes the best solution is a direct conversation with management. Its advantages are obvious - you will be able to understand why your bosses are dissatisfied, receive objective information rather than collected gossip, and, as a result, know exactly how you can change the current state of affairs. Perhaps you just need to take the initiative more often or not be late.
5. Exceed expectations. Put in more effort, pleasantly surprise others, stay a few times after work. Show that you are trying.
6. No rumors - no problems. Discussions with other employees tend to lead to negative consequences. Try to keep your opinion to yourself, because you don’t know when and under what circumstances you will have to face this person.
7. Appearance plays a role. Sometimes the reason for dismissal can even be the style of clothing or manner of communication. Therefore, create for yourself the image of a serious and well-mannered business person, try to behave more friendly and restrained.
If all these tips did not help and they seriously intend to get rid of you, ask yourself the question: “Is it so important for a place where I am not valued?” It might be more productive to focus on finding a new job. Maybe you hold on too tightly to your habits and don't see that you are capable of more.
Recent judicial practice is increasingly in favor of the employer rather than the employee. And the reason for this lies, among other things, in the employee’s legal illiteracy.
Employees very often commit actions that can be considered erroneous in terms of their legal consequences. Previously, the following logic from an employee could have worked more successfully in court: “they put pressure on me, forced me to resign of my own free will, they threatened to fire me under the article, I didn’t know, I didn’t understand why they needed such a statement from me...”. And the courts considered - yes, the employee is more weak side, which means we need to support him.
Now the courts are approaching these labor disputes differently, and employers are the winners, and workers are left with nothing, with their outdated logic and groundless belief in justice.
Having studied a number of cases in which workers lost disputes, I formed recommendations, following which the employee has a much greater chance of not falling into the employer’s traps and protecting himself if he has to sue the employer.
1. You do not need to write a statement of your own free will if the personnel officer tells you that your position has been reduced. It happens that an employee was on leave for a long time (for example, to care for a child), then goes to work and hears that during his absence the position was removed from staffing table, and that there is no longer a workplace as such. The employee is convinced that he must write a letter of resignation of his own free will, which is how it is supposed to be. The employee writes, then at home he “realizes” that he was in a hurry, but... it’s too late.
Now the courts do not support workers in such a situation and believe that you need to think about what you are signing in time - after all, it’s not small anymore.
This means that if in such a situation you decide to go to court with a claim against your employer for reinstatement, recovery of average earnings for the period of forced absence and compensation for moral damage, then there is a 99% chance that the court will refuse you. The arguments “I was confused,” “it was unexpected,” “they put pressure on me” will not work. And the fact that they were pressing still needs to be proven; words alone are not enough.
2. Officially notify the employer of your preferential status, which prohibits the employer from firing you - pregnancy, single mother status, etc.
Previously, the courts believed that it was not a big deal if the employee did not inform the employer about such a special situation, and they reinstated the employee in their position, canceled the dismissal orders, and awarded compensation for the period of forced absence. Now the practice has developed, and the court’s position is this: he didn’t inform on time, which means he himself is to blame, because the employer is not a seer, he doesn’t know how to read minds and doesn’t know about your characteristics.
It happens that the employee actually informed the employer about his situation, for example, as a single mother, but simply did it verbally. And it turns out that the employee has no evidence of what he reported, the employer fires him and... the court is on the employer’s side, because... the employee did not prove that he informed the employer about the “preferential” status.
How can you insure yourself so that you can later prove that you informed your employer about your situation?
It is necessary to draw up a letter in two copies, one of which should be given to the employer (or his representative - the secretary, the inspector of the personnel department), and the second - with a note from the addressee-employer about the acceptance - to keep for yourself. Make sure that your copy contains not just the personnel officer’s “squiggle” (signature), but the transcript of this signature (full name), position and date of receipt of the application. Now you can rest easy - you informed your employer and, if necessary, you can easily prove it in court.
3. If necessary, write an explanatory note to the employer that will be in your favor - it’s better than nothing at all. Plus, think additionally about who can testify in court in your favor (maybe colleagues who have suffered from the employer’s illegal actions). And of course, also hand over this document to the employer against signature, as I indicated above.
Employees think that if they are at fault, it is better not to write an explanation at all, and in this case the employer will not have the right to fire them. But that's not true.
Previously, the courts actually took a more formal approach to the issue of evidence, and if an employee said that no one asked him for an explanation, that he worked honestly without violations and had just learned about the nagging of the employer, who overslept the deadline for holding him accountable, then the courts believed their crystal clear eyes employee.
Now the court has enough testimony from the employer: if the employee did not write an explanatory note, and the witnesses confirm that these explanations were asked from him, then the court will completely believe the employer and his arguments, which means the decision will not be in favor of the employee.
4. An audio recording can prove your case.
The court happily takes into account the testimony of witnesses in favor of the employer, but the court began to increasingly reject the testimony of witnesses in favor of the employee that he was pressured and was forced to write a statement “on his own” (if there is no other evidence). . Therefore, if you know that pressure will be put on you during the conversation and provocation will be organized, you should not disdain the voice recorder. Moreover, it is not even necessary to inform your opponents about this - like you, they are also at the workplace, and not in the bathhouse, and therefore in their personal life you are not invading, but only protecting yourself.
As you can see, even simple rules Games sometimes determine success or failure.
Unfortunately, you can be a super-specialist at least a hundred times, work honestly, but this will not protect you from illegal “attacks” of the employer. Therefore, if you suddenly feel that such a situation is developing, stop, analyze - how to act, how to avoid mistakes, how to create a foundation for possible judicial protection of rights. Just don’t underestimate the employer.
5. Learn your rights.
Nowadays it is not enough to be a good baker, engineer, doctor, or driver. You need to know the rules of life in this society, your rights and responsibilities. And remember, the best fight is the one that doesn’t happen. It is better to prevent a problem than to clean up everything that has gone wrong later.
Instead of dismissal of their own free will, they were either transferred to another position or dismissed due to reduction, as expected, and were not forced to resign of their own free will,
Instead of dismissal for absenteeism, they simply gave a verbal reprimand, because the employees wrote the “correct” explanatory note,
Instead of dismissal due to loss of trust, the employer whose threats were recorded on a voice recorder paid compensation in large size, as long as the case of threats does not come to court.
There are many different cases, and in all of them I analyzed the employee’s problem in detail, who turned to me, and we found those “strings” that need to be pulled so that the employee could protect himself. After all, the main task is to ideally win before the trial, get out of conflict with minimal costs in time, nerves and money. Well, if the trial is inevitable, then make sure that there are all the evidence for the worker's victory.
If you need an outside perspective, specific advice and explanations on your situation, if you feel that without the support of a lawyer you may miss something, then write to me at email or call.
Good luck in protecting your rights!