Ilya Trofimov, Head of Legal in TEAM Consulting group, spoke about reinstatement at work through the court: the pros and cons of the procedure, what an employee should be prepared for and how to behave in various situations.
What are the advantages of reinstatement via court?
If the court reinstates you at work, the employer will be obliged to pay you for the time of the forced absence. This means that all the time that you did not work will be compensated financially. Moreover, if the employer insists on your dismissal, then he has only two options:
- job cut. This procedure provides for additional payments to the employee who occupies the downsized position.
- agreement of the parties, upon conclusion of which the employee can also receive additional bonuses.
What are the disadvantages of reinstatement at work through the court?
The disadvantages include the length of the process and spending on lawyers, which can not be compensated if the employee loses the dispute.
What is the amount of compensation for illegal dismissal found in practice?
The employer is obliged to pay the employee the average salary for all the time when the employee was considered dismissed (this is called the time of forced absence), as well as to compensate for moral damage.
The employer refuses to reinstate. What to do?
Apply to the judicial enforcement officer for the compulsory execution of the court decision, he or she will additionally charge an enforcement fee from the employer in favor of the state.
What if your position is already taken?
The employer is obliged to restore you to the position that you held before you were dismissed. Therefore, this situation is not a reason for refusing to restore. If the employer refers to it, then you should contact the judicial enforcement officers for enforcement of the court decision.
How should an employee act after a court decision?
The court's decision on reinstatement is subject to immediate enforcement. You must immediately contact the employer with the relevant requirement - preferably in writing. If the employer did not participate in the process (intentionally or unknowingly), we recommend that you get at least the operative part of the court decision - to avoid unnecessary questions and not waste time.
How often does an employee quit immediately after reinstating and receiving compensation?
Yes, such cases are quite typical, because the relationship between the employee and the employer has already been spoiled, and often one does not want to work in such an atmosphere. This usually applies to small companies. In large companies with a large staff and a large number of divisions, such situations are less common.
How has the pandemic affected the job cuts?
Basically, employers are trying to negotiate with employees: there are practically no dismissals for misconduct or job cuts. Often, workers decide to leave by their own decision, having received a promise from the employer to return them to work when the situation stabilizes. Another common case is dismissal by agreement of the parties. It also happens that the parties agree to reduce wages and fix this in an additional agreement. Some employers offer employees to go on vacation at their own expense.
Text prepared by Ilya Trofimov, Head of the Legal of the TEAM Consulting Group.