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Legal briefing notes

Legal disputes with worker

Any disputes especially legal appropriately should be resolved in the pre-trial order. A legal procedure of solving disputes and questions takes a long time and bears some risks and expenses for both employee and employer.

An employee takes legal action against the employer: the causes of a dispute

The main motif for dispute between the worker and an employer as the initiative of the first one is salary, bonus or disciplinary prosecution, the transfer to other work or the firing that is initiated by the employer.

The prospects of labor dispute with a worker for the employer are usually determined by the accomplished work. It is necessary to carefully work out a labor agreement and its conditions, internal workplace labor rules, the staffing table, regulation on financial rewards and other local documents before hiring a new employee.

The accurate way of organizing the documents can prevent unplanned inspections of the Labour Inspectorate's authority and eliminate the legal risks that are caused by imprecise formulations or the absence of information.

All further work is the way of supporting the processes and it has less influence on the emerging situation.
The lack of appropriate regulations of all rights and obligations reduces the prospects for the employer for positive results of legal proceedings. For example, the lack of a job description makes it impossible to prove the legality of disciplinary prosecution for non- performance of work responsibilities

Сlearance to work of a worker with the consent of the employer for the nomination but without labor agreement or with the absence of staffing table in the company can be a threat for the employer of fines by the Labor Inspectorate's authority for every violation. More than this, there are many violations for the employer that are no less dangerous. So the consultation of the specialist of labor law can help solve these problems.

To take legal action against the worker

The most common justification for the appeal to the Court for the employer is the recovery of money from the employee. For example:

  • Recovery of losses from the manager of the business because of activities or no- activity of employees;
  • Recovery of compensation for any damages of an employer, that will be more than the average salary of the employee;
  • Recovery the damages of the employer from the responsible worker or a group of workers;
  • Recovery of money that is spent on the training of an employee if he doesn't work enough time according to the agreement on the training.

The accurate way of formulating the documents, that confirm the employer's requirement (labor agreement, contract on financial responsibility, agreement on training, inventory report, etc.), scrupulous respect for the procedures of investigation and a finding of guilt of an employee for any damages allow achieving a favourable court's decision faster. Otherwise, withdrawal of claim can threaten the employer and as consequence, he will bear losses himself.

Disciplinary prosecution

Labor legislation in Russian Federation provides for the time limitation for bringing an action before the Court that is one year since detection of the caused damage.

For court victory, it is important to comply with the procedure of disciplinary prosecution and the accurate way of formulation of the documents of disciplinary misconduct by the employee.

The absence of any important document that confirms the guilt of an employee or any violations of the period or procedure of disciplinary prosecution, can lead to withdrawal of order of disciplinary liability.

It can be not simple for laid-off workers because this procedure requires not only formalities but time.

According to our experience, we can say that the employers that are addressing for legal consultation in the area of labor law before the moment of the dispute with the employee are insured from both the inspections of the Labor Inspectorate's authority on the complaints of the workers and unnecessary litigation on remedy violations of rights of the employee.

Protection of interests of the employer – lawyers of the Tsentralny Okrug Law Firm

Do you need consultation on labor disputes?

We offer services

  • the human resource audit;
  • Consultations on questions of optimization of human resources in the reorganization of a company;
  • Representation of interests of the employer in the Labour Inspectorate's authority;
  • Appealing against unlawful acts, requirements and orders of the State Labour Inspection, preparing a plan of protection in the court and participation in the process by the employer's side;
  • Disciplinary prosecution of employees and preparation of necessary documents (formulation of the appeal to the worker), the algorithm of actions;
  • Representation of interests of the employer in the court.

Labor disputes in Voronezh

The specialists of our company are ready to give consultation on questions of labor legislation and the prospects of legal disputes with the worker, to analyze the human resource documentation of a company and to accompany during the inspection of the Labor Inspectorate's authority.

Organizing the documentation following the standards of labor legislation and taking into account existing vulnerabilities allow saving money and time.

Author is Irina Volodina

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