Unlawful dismissal of an employee.

Dismissal can occur for various legal reasons: the will of the employee, termination of the employment contract, layoff, and others. Situations arise when the employee’s calculation is not justified by law. An employed person must be aware of what to do in case of illegal dismissal from work. Knowing their rights, any subordinate will challenge the unlawful decisions of management.

Dismissal by law

The Labor Code provides for the payment of an employee for regulated reasons. A complete list of grounds for termination of a labor contract is specified in Section 13 (general list - Article 77 of the Labor Code of the Russian Federation).

The main factors for legal dismissal:

initiative (employee and employer);
reduction of position, staff or complete liquidation of a place of work;
gross failure to fulfill duties or violation of safety regulations;
neglect of discipline;
circumstances beyond the control of the parties (military conscription, return of the previous employee to his place, disability, state of emergency, etc.).

However, dismissal is recognized as legal only if there is evidence.

An exception to these rules are certain categories of persons who are not included in the calculation until a certain period. These are the following social categories:

pregnant women and women with babies under three years of age;
single mothers of children under five years of age;
persons supporting three or more children;
parents raising disabled people.

employees on vacation;
on sick leave.

Illegal grounds for dismissal

Early termination employment contract is considered illegal in the following cases:

there are no legal grounds for dismissal or they have not been proven by management;
the dismissal procedure itself was violated (errors in the preparation of documents and their availability, the calculation procedure, when the employee was not warned in advance and did not receive an offer of an available place in return);
dismissal of preferential categories of employees;
calculation according to at will without employee initiative;
deliberate creation by the boss of reasons for dismissing a negligent employee (artificial reduction, certification);
reason for non-compliance with the dress code.

Listed are generalized factors that are taken into account when terminating an employment contract. Dismissal is declared illegal after consideration of all available circumstances. They are individual for each situation.

Common Cases

Cases of being forced by an employer to leave a place of work are common. This is an illegal dismissal of an employee, which can be challenged and management can be held accountable.

Frequent cases of illegal actions by management:

The worker receives persuasion or threats with the requirement to write a letter of resignation on his own initiative. In case of refusal, pressure is placed on the employee and the work process becomes stricter. In such a situation, it is necessary to go to court, collecting all possible evidence (documentary, digital).
An employee on maternity leave is subject to dismissal when the dismissal is formalized under the guise of a layoff. But this is an illegal action that contradicts the Labor Code of the Russian Federation. In this case, the law is on the employee’s side.
Often, single mothers are subject to illegal dismissal without good reason. Management is not interested in women with small children who require constant care, but dismissal is prohibited by current legislation.
Intentionally creating conditions leading to dismissal. Wanting to get rid of an employee, the employer uses a trick. He reduces the employee's position and at the same time creates a similar place of work with the same job responsibilities. Or it requires re-confirmation of qualifications with a deliberate reduction in it.

Dismissal in such situations is considered illegal. The employee has the right to appeal to the judicial authorities to restore his job.

Requirements from superiors to write a voluntary resignation letter or sign it with untrue reasons for dismissal are unlawful. In this case, it is not necessary to follow the instructions of management.

What should an employee do?

If the employee expresses a desire not to leave his workplace and believes that he was treated unfairly, he has every right to challenge the actions of his superiors. To do this, he must know where to go if he was illegally fired from his job.

An unlawfully dismissed employee may appeal to the following authorities:

State Labor Inspectorate;
State justice body (court);
Legislative body (prosecutor's office).

The labor inspectorate monitors compliance with labor obligations, labor standards and rights. To apply, the employee must submit an application, which will be reviewed for ten days. After this period, the employer may be given a violation order requiring mandatory execution, or a protocol of administrative violation of labor rights with subsequent punishment. However, the manager has the right to challenge the inspector’s decision.

The prosecutor's office also checks for the existence of an offense with a possible decision to prosecute under administrative law. It examines compliance with the termination procedure. The inspection at this authority takes about thirty days.

Judicial practice for illegal dismissal from work is considered the most effective in solving this problem. The verdict put forward by this body is not subject to appeal and requires execution in mandatory. To appeal, the dismissed employee will need to draw up a claim and submit it to court. You will need the help of a lawyer, both when drawing up a claim and during court proceedings. The timing of reinstatement depends on the consideration of the claim. They can take long time– from one to six months. This is due to the complexity of the situation.

When filing a claim, you should take into account the mandatory information that must be included in it. Namely:

name of the judicial authority;
information about the applicant and the dismissing employer;
conditions of employment and reasons for dismissal (illegal);
the desired requirements of an employee who has lost his job (restoration, payment of wages, moral damage);
additional documents.

An employee can file an application to challenge his dismissal only within a month from the issuance of the order to terminate the contract. Extension of this term is possible upon presentation of valid reasons. After the expiration of the one-month period, the appeal will not be considered.

Court decision in favor of the employee

When someone is illegally fired, and there is evidence for this, the claim is satisfied by the court with the following consequences:

the employee is reinstated to his previous place with correction in work book(dismissal is indicated as invalid);
he is paid immediate compensation for the suspended period (average salary);
the reason for suspension from work changes;
the costs of legal proceedings and moral damages caused are paid.

The employee is returned to his previous place regardless of whether such a position still exists or whether the position is free.

Consequences for the employer

If the claim is satisfied, the employer, in addition to reinstating the former employee to his previous position, will suffer the punishment established by the court. The measure depends on the severity of the illegal actions and may be as follows:

fine from 1,000 to 50,000 rubles;
termination of activity for a period of three months;
disqualification for up to three years;
administrative responsibility.

The employer will be required to promptly make payments for the suspended period, moral damages and pay all legal costs of the employee. Executive officers of the court monitor the implementation of the court decision. In case of non-compliance with the resolution, the punishment may be increased by the management, and the requirements will be tightened.

An institution in which a violation was committed with the wrongful dismissal of an employee is under the constant control of the Federal Inspectorate and is subject to regular inspections by them.

An employee's knowledge of his rights will help prevent illegal actions on the part of management. Successful satisfaction of a claim depends on its timely filing and correct execution.

Getting fired is not uncommon these days. And it is by no means always justified. Unlawful dismissal also occurs. According to popular statistics, every second person encounters it. But only every thirtieth turns to the relevant structures in order to restore their rights. But all the legal reasons for dismissal fit only in Art. 13 Labor Code of the Russian Federation. In this material we will look at the most common reasons for illegal dismissal and options for restoring an employee to his rights.

The most common reasons

Of course, each situation where an employer abuses his rights is individual. We will consider the most widespread options for illegal dismissals.

Without sufficient grounds. All reasons for dismissing a worker at the request of the employer alone are specified in Art. 81 of the Labor Code. This is the liquidation of an organization, a discrepancy between an employee’s qualifications and the position he occupies, a violation labor discipline and so on. However, the fact of writing the reason in the work book is not enough to recognize the dismissal as legal. The employer must prove its existence and provide an explanation for such a disciplinary measure.

Violation of procedure. Dismissal is illegal if it was carried out in a manner that conflicts with the law. TK offers the following algorithm:

Documentary evidence of an employee’s violation of labor discipline.
An explanation from the offender of the situation in writing.
Publication of the dismissal order and familiarization with it to the employee against signature.
Product of the complete financial calculation With former employee.
An entry in the labor record indicating the reason for dismissal and the article of the Labor Code of the Russian Federation to which it refers.

If this procedure was also followed, then it will still be illegal to dismiss an employee in the following cases:

The employer did not offer the former worker a new job (if any).
Disciplinary action occurred in violation of the law.
The employer did not coordinate his decision with the trade union (if the employee is a member of this organization).

Illegal dismissal from work is deprivation of a place of work for certain categories of citizens:

Pregnant women.
Single mothers.
Single fathers in whose care children under 14 years old.

The only exception here is the complete liquidation of the organization. Even during restructuring, the employer is obliged to provide an employee from a special category with a new place of work.

Recognizing the dismissal as illegal under the Labor Code will also be relevant here:

Reduction of a worker who is on leave - regular or maternity leave.
Dismissal of an employee on sick leave.

Let us imagine the following reasons for illegal dismissal:

Failure to comply with corporate ethics and the organization's dress code.
Forcing a worker to write a resignation letter of his own free will.
Data on fictitious staff reductions in the organization.

Where should an employee contact?

Are you sure that you were fired illegally? What to do next? There are several ways to restore your rights under the Labor Code:

Going to court.
Application to the labor inspectorate.
Claim to the prosecutor's office.
Trade union help.

Let's consider each option separately.

Going to court

Going to court regarding illegal dismissal has both disadvantages and advantages. Let's look at all the advantages and disadvantages of this method.

Pros	Cons
The most effective option for reinstatement today. It is the court that will scrupulously understand all the intricacies of the relationship between the employer and the worker; here it is possible to consider in detail all the features of the case	The trial can be very drawn out. The Code of Civil Procedure (Article 154) sets a deadline of 1 month. But in practice it is not always maintained
There are no financial costs. The employee does not bear any expenses or pay state duties, which may lead to legal proceedings (Article 393 of the Labor Code of the Russian Federation)
Possibility of collecting moral compensation. Only the court has this right

If you have chosen this method for yourself, then according to Art. 392 of the Labor Code, you need to file a claim no later than a month from the date of delivery of the work book or a copy of the dismissal order. Delay is permitted only for valid reasons.

Documents for court

If you file a claim for illegal dismissal from work, you need to submit the following documents to the judicial authority:

Employment contract. It must indicate your real salary in order to accrue proper compensation to you.
Work book. The document must contain information about your hiring and subsequent dismissal.
Certificate of position held, average monthly salary, qualifications, your characteristics (as an employee).
A copy of the orders - both on admission and on dismissal.
Document on disciplinary action (if current).
Evidence of falsity of the employer's evidence.

The employer must provide you with all this for the court within five days. Otherwise, the fact of his evasion is indicated in the claim.

Drawing up a lawsuit

The statement of claim itself states the following:

Name of the court.
Details of the defendant and plaintiff.
The circumstances and reasons for your claim, described specifically, systematically and in detail.
Your requirements to the defendant.
List of attached documents.

Contacting the State Labor Inspectorate

An application for illegal dismissal can also be submitted to this authority. The table below shows the pros and cons of choosing this option.

You should contact the labor inspectorate no later than 1 month from the date of receipt of the work book. We recommend combining this with simultaneously filing a claim in court.

Contacting the trade union

As we have already mentioned, it is impermissible to fire a member of this organization without the consent of the rest of its members. However, a union cannot protect you if you are not a member.

The organization must consider all complaints from illegally dismissed workers and forward them to the State Labor Inspectorate.

Contacting the prosecutor's office

This structure is authorized to accept applications from an employee who was fired illegally. The prosecutor's office checks all the data provided, and if it detects a violation of the Labor Code regulations, it forwards the case to the judicial structure.

Reinstatement

If the authority determines that the dismissal is illegal, it draws up a writ of execution. According to this document, the employer must reinstate the employee to his position no later than one day after the document is received by the bailiffs.

An order to cancel the dismissal document is drawn up, with which the employee is introduced.
The worker is informed about the date when he can start work and is again asked to provide a work book.
The last entry in the document is marked as invalid, indicating the number of the court order. If desired, the book is replaced with a similar one with all entries restored (except for the illegal one).
HR department employees make appropriate corrections in personal card worker, time sheet.

An illegally dismissed worker is reinstated in his previous position while maintaining his previous salary. The basis for refusal cannot be the hiring of a new person or the reduction of a given job position.

Disobedience by the employer - refusal to reinstate an illegally dismissed worker - is punishable by a fine.

Consequences for the employer

Wrongful dismissal does not go unnoticed for the employer. This is what he is required to do by court order:

Reinstate the worker.
Compensate him for forced absences, taking into account the previous wages.
Pay all legal costs, incl. and the plaintiff's lawyer.
Compensate the employee for moral damage if desired.
Pay a fine for disobedience to the court (refusal to accept the employee back to his previous position). Its limits are 1-50 thousand rubles, depending on the status of the employer. Or suspension of the organization’s activities for 90 days.

The Labor Code prescribes punishment for an employer for illegally dismissing a worker. The employee himself can restore his rights in several ways, which we have discussed.

Unlawful dismissal means a violation of the rights of an employee. Such dismissal is illegal if it was made for reasons not provided for in the Labor Code of the Russian Federation.

Types of illegal dismissal

If illegal dismissal from work occurred without legal grounds. In Art. 77 of the Labor Code of the Russian Federation sets out an exhaustive list of general grounds on which employment relations with an employee are terminated. Dismissal without explanation is also illegal.
If the order (procedure) of dismissal was violated. For example, dismissal individual categories persons enjoying the preferential right to remain at work: trainees, as well as highly qualified workers; in case of violation or non-compliance with the procedure for bringing an employee to disciplinary liability.

A gross violation of the law are cases where pregnant women, single mothers and fathers who are raising a child under fourteen years of age are illegally fired. In addition to those situations where the liquidation of the organization occurred, the dismissal of employees who were disabled or on maternity leave.

Unlawful dismissal for absenteeism

Absenteeism is one of the labor-intensive grounds for dismissal, being at the same time a disciplinary measure. An employment relationship can be terminated for absenteeism only if the employee’s guilt is established, in contrast to the dismissal of employees due to staff reduction. The employer is strictly obliged to comply with the procedure, as well as to prove the legality of such dismissal, i.e. the fact of absenteeism without good reason.

The dismissal procedure conventionally consists of three stages:

Correct registration of the fact of absenteeism.
Establishing the reasons for absenteeism.
Making a decision to dismiss.

Procedural errors may result in the dismissal being declared illegal in court.

Employee rights in case of illegal dismissal

The right to protection of labor rights.
The right to file a claim in court.
Right to reinstatement.
The right to compensation due to the employee.

Where to go in case of illegal dismissal

In this case, first of all, you need to contact the body for the protection of labor rights of citizens. This body is the state labor inspectorate. The application must be submitted no later than 1 month from the date of receipt of the dismissal order or work record book.

The complaint is reviewed within 10 days. In addition, the employee has the right to file a lawsuit. If the dismissal is declared illegal by a court decision, the employer is obliged to reinstate the employee in his previous position, as well as pay all the wages he did not receive for the entire period of forced absence. In addition to these payments, the employer is obliged to compensate for other costs: moral damage, services of a lawyer or advocate who represented interests in court.

Obviously, wrongful dismissal carries with it adverse legal consequences for the employer.

Illegal dismissal threatens the employer with a lot of problems. Find out how to terminate your employment relationship without becoming one of the participants in the lawsuit!

From the article you will learn:

Illegal dismissal: general information

Illegal dismissal from work - termination of employment relations carried out in violation of established standards labor legislation. In addition, if there are no grounds, the court may order the employee to be reinstated if it does not consider the evidence presented by the employer to be compelling.

Download documents on the topic:

Illegal dismissal: practice

upon dismissal of his own free will, the employee is obliged to write a statement, otherwise he may subsequently change his mind and appeal to the judicial authorities;
staff reductions can only be carried out if positions are reduced and not renamed, otherwise it will be regarded as illegal dismissal;
if the employee fails probation, the reasons are better recorded in in writing, for example, to reflect that he could not cope with his responsibilities, violated safety regulations, etc.;
the court will declare dismissal for absenteeism illegal if the employer does not have confirmation of the fact that the employee was not present at the appointed time;
dismiss workers for sick leave it is possible only on their initiative and nothing else;
terminate the employment relationship with pregnant women or those on maternity leave is possible only during the liquidation of the company; in all other cases, the employer’s actions will be considered illegal.

If the employer makes mistakes when terminating the employment relationship, the employee can appeal to the courts to declare the dismissal illegal. It should be separately noted that even if an agreement was reached with the employee and a certain amount was paid to him so that he would leave, it is not a fact that in a month he will not change his mind. If he goes to court, it is not a fact that he will not be reinstated in case of illegal dismissal. This is why it is important to follow the procedure, as well as dismiss for good reasons.

When can dismissal be declared illegal?

To protect his rights, a specialist can always turn to the judicial authorities by writing a statement of unlawful dismissal. This can generally be done within three months from the day the person should have known or did find out about the violation. For disputes regarding dismissal - within calendar month from the date of receipt of the copy dismissal order or issuing the work book itself. In disputes regarding non-payment or incomplete payment of money, including upon dismissal, an employee may apply to the judicial authorities within a year from the date deadline payment of amounts due. This procedure is established in Article 392 of the Labor Code of the Russian Federation, which regulates illegal dismissal.

Illegal dismissal: terms

Thus, the three-month period for appealing the order to impose a penalty dated March 4, 2016 expired on June 4, 2016, and in the case of appealing the document dated January 23, 2016, which the employee was familiarized with on January 24, 2016, the month period expired on February 24, 2016.

It should be noted that an employee’s ignorance of the law and the benefits and compensation entitled to him is not considered a valid reason for missing the deadline for filing a claim if it later turns out that rights have been violated. A person can easily learn about violations of rights from acts that are in the public domain. In this regard, the period begins not from the date of actual familiarization with the document, which reflects benefits and compensation, but from the moment when the employee could learn about them.

How is compensation for illegal dismissal calculated?

If you fire an employee without legal grounds or violate the dismissal procedure, the court will reinstate him at work. You are obliged to execute this court decision as quickly as possible (Article 396 of the Labor Code).

For immediate execution, cancel the dismissal order and reimburse:

average earnings for the entire period of forced absence;
moral damage - the amount of compensation will be determined by the court.

If you comply with the court decision on time, you will not have to pay monetary compensation for delayed wages. You can reduce your average earnings during forced absence only by the amount of severance pay that was paid upon dismissal. You cannot reduce your average earnings during forced absence on the amounts that the employee received during this period.

You might be interested to know:

Calculation of average earnings if illegal dismissal of an employee is proven

The period of forced absence is the time when the employee was deprived of the opportunity to work: from the moment of dismissal until reinstatement. During this period you are obliged to pay average earnings. How to do this is indicated by Art. 139 Labor Code and Regulations on the specifics of the procedure for calculating average wages.

EXAMPLE

The employee was fired on March 1, 2017 and reinstated on June 30, 2017. In the billing period from March 1, 2016 to February 28, 2017, he worked 240 working days. The employer credited him with 600,000 rubles.

For 83 working days of forced absence, the employee must receive: 600,000 rubles: 240 rubles. d. x 83 rub. d. = 207,500 rub. (Clause 9 of the Regulations).

Please note that the court may index the amounts of money collected by the employee. You will learn about this from the judicial act. Withhold personal income tax from the amount of accrued average earnings and pay insurance premiums. Take into account the average earnings during forced absence and the insurance premiums accrued for it for profit tax purposes.

Since the procedure for paying taxes by agents to the budget is regulated by clause 4 of Art. 226 of the Tax Code, the court, when collecting average earnings for the period of forced absence, does not deduct personal income tax. The employer must withhold the accrued amount directly from the taxpayer's income.

Pay attention to how the court determined the amount of payments if illegality is proven dismissal. If personal income tax is not taken into account, the reinstated employee must receive the entire amount indicated in the writ of execution. You do not have the right to withhold personal income tax, since you are obliged to comply with court decisions that have entered into legal force. In this case, tax will be withheld on your next payment.

If the reinstated employee is not going to work for your company, inform him and the tax office in writing that you cannot withhold tax and indicate the amount. Submit your message using Form 2-NDFL “Certificate of Income individual" In this case, the employee must independently calculate and pay personal income tax. To avoid this situation, ask the court during the consideration of the case to determine the debt taking into account the requirements of tax legislation.

Compensation for moral damage for illegal dismissal of an employee

You are obliged to compensate the illegally dismissed employee for moral damage if he demands it in court. The court will determine the amount of compensation in the decision on reinstatement.

The court takes into account:

the volume and nature of moral and physical suffering caused to the dismissed person;
the degree of guilt of the employer;
additional circumstances;
requirements of reasonableness and fairness.

You don’t have to wait for a court decision and agree with the employee on the amount of compensation you will pay him. But the fact must be reflected in the documents, where the signature of the employee himself will be. In this case, the amount must be written in words.

Is it necessary to subject compensation for moral damage to personal income tax, insurance premiums and take it into account when calculating income tax? The answer depends on how it was established - by a court decision or by agreement of the parties to the employment contract, if the dismissal was declared illegal.

You do not have to pay monetary compensation in accordance with Art. 236 of the Labor Code, if you immediately reinstate the specialist at work and pay him the average salary for the time he was absent. If you do not comply with the court decision, the bailiff will issue an order to collect an enforcement fee from you and set a new deadline for restoration employee At work.

If you violate this deadline, be prepared to pay a fine. Based on the court's ruling, you will be required to pay the average earnings for the entire time of delay in execution of the decision or the difference in earnings. This amount will have to be paid taking into account monetary compensation in accordance with Art. 236 TK.

Unlawful dismissal from work is the termination of an employment contract with an employee without legal justification. What should an employee who is fired in this way do? Where to go to protect your rights and get reinstated at work?

The legislator clearly states that in order to terminate an employment contract, one must be guided only by the grounds specified in the Labor Code of the Russian Federation and other legislative acts. This list is final and not subject to broad interpretation; in other words, an employer cannot fire an employee just because he doesn’t like him. But there are cases when one or another reason cannot be applied to an employee, but the employer ignores this fact and dismisses the person.

At the initiative of the employer

Termination of a contract at the initiative of the employer is regulated by Article 81 of the Labor Code of the Russian Federation. In the case when the management of an enterprise wants to get rid of an unwanted employee, it first of all turns to this article, especially since it contains quite large number grounds.

The most common cases of illegal dismissal under this article:

Illegal dismissal due to staff reduction. This basis may be illegal in two cases: when there is actually no reduction, that is, the position is renamed (and sometimes left former name) and take on another employee and when they reduce categories of employees in respect of whom this is prohibited by law (pregnant women, single parents, women with children under three years old, etc.).
Taking out several disciplinary sanctions And subsequent dismissal. In this case, it is necessary to pay attention to whether all punishments were legally imposed. It is also impossible to impose two penalties for the same offense (for example, a reprimand and dismissal).
Dismissal for failure to pass certification. If the test for suitability for the position held was carried out only in relation to one employee, then this is illegal. It is necessary to carry out certification of the entire department (area of work), or all employees of the enterprise. The certification procedure must also be followed.

If an employee was fired for legal reasons, but the procedure established by law was violated, this may also serve as grounds for challenging the termination of the contract. For example, failure to comply with notice periods when reducing staff.

An employee's initiative is writing a letter of resignation of his own free will. Can dismissal be illegal if the employee himself writes a statement about it?

In some cases, an employer may put pressure on a person to force him to write a letter of resignation. This could be the creation of unfavorable conditions at work (transfer to another premises), moral pressure (nit-picking, remarks), deprivation of bonuses, bringing the employee to dismissal “under article”, etc.

If an employee feels that they are being pressured, it is necessary to begin collecting evidence before dismissal. This can be various papers (orders, memos), voice recordings of conversations with the employer, etc.

Also, illegal dismissal is considered to be the case when an employee wrote a letter of resignation and then changed his mind, but the employer refused to return the letter, citing the fact that he had already invited another employee. In this case, human rights will be violated:

If the employer invited another employee only in words and not in writing.
If, after dismissal, he did not accept the invited employee without good reason.

The dismissed employee will need to prove that he tried to withdraw the application, that is, this must be done in writing.

Where can you go to protect your rights?

If a dismissed employee believes that his rights have been violated and the employer did not have the right to terminate the contract with him, he can contact the relevant organizations:

Labor Inspectorate. An employee can file a complaint there about a violation of his rights. The State Tax Inspectorate, in turn, must send an inspector to conduct an investigation within 10 days from the date of the person’s application. You can also go and consult with an inspector first.
Prosecutor's office. The appeal algorithm is the same, but the investigation period is increased to 30 days. Depending on the situation, the prosecutor's office may send the employee's application to the labor inspectorate for consideration.
Court. IN in this case worker writes statement of claim and submits it to the court at the location of the employer. This authority is the most universal, since it has the right to consider all cases of illegal dismissal, in contrast to the State Tax Inspectorate, which, for example, does not consider cases if they contain controversial issues about wages.

You can submit an application to all authorities at once.

The employer must comply with the decision of any of the above bodies, but he also has the right to appeal the decision in turn.

The period during which the employee must have time to appeal the dismissal is determined Labor Code RF and is one month. However, it can be extended if the employee can prove that he did not know that his rights were violated.

Therefore, if an employee intends to challenge his dismissal, he needs to start this as soon as he receives the work certificate or is informed of the order that he is fired.

To prepare an application to appeal the employer’s actions, the employee has the right to request a package of documents regarding his dismissal, which the employer must issue to him within three days. This must be done in writing. If the employer does not provide documents, this must be indicated in the application as an aggravating circumstance.

A period of one month is given for the employee to file a complaint; the period during which the proceedings will last does not matter. That is, he can submit an application even on the last day of the month.

What is the compensation for an illegally dismissed employee?

If the dismissal of an employee is declared illegal, the employer must not only reinstate him in his position, but also make the following payments:

Compensation for all days of forced absence. It is paid in the amount of the employee’s average earnings and is paid for all days, starting from dismissal and ending with the date of the decision on reinstatement.
Compensation for moral damage. Paid only by court decision. The State Tax Inspectorate and the prosecutor's office do not have the authority to establish such compensation.

In addition, the employer must correct the incorrect entry in the work book, and, if the employee wishes, issue a duplicate in which the incorrect entry will be absent. The duplicate is issued at the expense of the employer.

A person has the right to appeal his illegal dismissal in several instances at once. He must do this within one month. If the dismissal is considered illegal, the employer must reinstate the employee at work and pay him compensation for forced absence.