Consequences for an employer for illegal dismissal of an employee
Posted: Tue Jan 21, 2025 9:13 am
There are two types of consequences that an employer may face when dismissing an employee in violation of the law. These are financial liability (associated with monetary payments to the dismissed employee) and civil liability, which implies the restoration of the employee's rights that were violated during the dismissal process.
Here's what an employer is required to do if he fired an employee in violation of the law:
return the employee to his previous position;
pay monetary compensation for each day of forced absence from work (due to illegal dismissal) in the amount of the average daily earnings;
if the court has made a decision purchase shareholder database on compensation for moral damage, the employer is obliged to pay for this moral damage;
return to the employee the money spent on the lawyer (the amount is determined by the court);
If the court decision is not implemented (the reasons are unimportant), the employer is obliged to pay a fine.
If the court finds the dismissal illegal (and a corresponding decision is made), the employee returns to work the next day after the decision is made. He/she does not return to work only if it is a day off or if the employer does not agree with the court ruling and does not intend to implement the decision.
The law provides for the imposition of sanctions for failure to comply with the decision:
the head of the organization - a fine from 1 to 5 thousand rubles;
for an individual entrepreneur who is an employer - a fine from 1 to 5 thousand rubles;
for a subject that is a legal entity - a fine of 30 to 50 thousand rubles;
for repeated failure to comply with a court decision to reinstate an employee to the position held prior to dismissal - termination of activities for a period of up to 90 days;
disqualification for up to 1 year (for both individual entrepreneurs and legal entities).
In each specific case, the situation is considered individually, taking into account all the circumstances of the dismissal.
Here's what an employer is required to do if he fired an employee in violation of the law:
return the employee to his previous position;
pay monetary compensation for each day of forced absence from work (due to illegal dismissal) in the amount of the average daily earnings;
if the court has made a decision purchase shareholder database on compensation for moral damage, the employer is obliged to pay for this moral damage;
return to the employee the money spent on the lawyer (the amount is determined by the court);
If the court decision is not implemented (the reasons are unimportant), the employer is obliged to pay a fine.
If the court finds the dismissal illegal (and a corresponding decision is made), the employee returns to work the next day after the decision is made. He/she does not return to work only if it is a day off or if the employer does not agree with the court ruling and does not intend to implement the decision.
The law provides for the imposition of sanctions for failure to comply with the decision:
the head of the organization - a fine from 1 to 5 thousand rubles;
for an individual entrepreneur who is an employer - a fine from 1 to 5 thousand rubles;
for a subject that is a legal entity - a fine of 30 to 50 thousand rubles;
for repeated failure to comply with a court decision to reinstate an employee to the position held prior to dismissal - termination of activities for a period of up to 90 days;
disqualification for up to 1 year (for both individual entrepreneurs and legal entities).
In each specific case, the situation is considered individually, taking into account all the circumstances of the dismissal.