Employers have figured out how to dismiss without compensation

Do not demonstrated the necessary knowledge and skills - bye under Art. 81 h. 1 pt. 3 of the Labour Code of the Russian Federation: "mismatch employee position or work due to insufficient qualifications, confirmed the results of certification." And you do not want to spoil the work record of such record - go away on their own ...

According to the Labor Agency, at the end of October of the coming reduction announced in 1137 enterprises. But it is only those who have decided to "come out of the shadows." How many of them will actually now no one can say. In any case, according to a poll the Public Opinion Foundation, downsizing in their companies during the last 2-3 months we have stated 11% of Russians. In the capital, executives primarily trying to get rid of those who were recruited based on the rapid growth of their businesses. And it is natural that the first to come under attack by those who worked directly in the sector of retail services, regardless of whether the company, reducing staff, banks, supermarket chains, insurance companies ...

Here is an example from the life of banks. A couple of years ago, when retail banking gaining momentum, there was a great demand for credit managers. And on the economic education, few looked - execute applications borrowers could linguist or psychologist. Now, getting rid of "ballast", a number of banks have shown creative personnel - personnel entered the official certification for compliance with the post. A former employee of a bank, Sergei talks about what questions were asked clerks in the "knowledge test": "Employees who make out loans in stores simply can not know all the pitfalls of banking regulations that exist in these areas. They relate to all - from the Federal Law "On Countering legalization of proceeds from crime and terrorist financing" to depository accounts. But a specialist in the sale of retail banking products versed in the intricacies of the work is not the depositary, and sales techniques! Most of this test does not pass, and people cut "for non-compliance." Drinking just bestial, examiners often have pre-approved lists of candidates "to take off" ... "

The opinion of a specialist in labor law: "In principle, the procedure of certification of the law, that will have to seek formal violations in the actions of the employer to file a lawsuit. Observing the procedure of certification: whether timely released its governing local regulation; Are you acquainted with him by hand, whether the individual is formed or the same order certifying commission and who entered into it, whether its members were present during the assessment, and whether they put their signatures to the results, whether formalized the Commission's decision; if the company has a trade union organization, it considered whether its opinion? Secondly, in the case of an unsuccessful outcome for you certification, whether you formally offered another position in the company? Try to find out whether ever such certification and how it differs from the previous current. Did you get the argument in court to prove that certification was devised to safely dismiss excess staff.

It is important to collect the formal confirmation that your qualifications prior to the certification of all suit. This award for the month, quarter, year, for the work done, to encourage different - in fact, in accordance with one of the resolutions of the plenum of the Russian Armed Forces' conclusions Attestation Commission of qualifications of the employee to be evaluated in conjunction with other evidence in the case. " The court can achieve recovery, but, in practice, to work quietly on the old site of the employee is unlikely to give. It is therefore logical to seek compensation for the time of enforced idleness - since the illegal dismissal and pre-judgment ".


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