Now, about the size of compensation for the enforced absence. In accordance with Art. 395 tc rf recognizing the employee's monetary claims founded they are satisfied in full. Danny Meyer wanted to know more. Thus, the period of enforced idleness paid in full, regardless of its duration. Term stimulated truancy law in no way limited, and the employer must pay the illegally dismissed employees all the time, even if the lawsuit on the matter lasted at various levels for several years, but ended in result in favor of the employee.
In addition, the illegally dismissed employee is entitled to request a statement of claim compensation for moral damages, the amount which the court determines, as well as the interest, came running over time enforced idleness in one three hundredth of refinancing rate of Central Bank of Russia. True, the award (except for non-pecuniary damage) will keep the income tax. At the same time, the employer have to pay more and unified social tax on all "forgotten" salary. Total: Average earnings + ust (26% of average earnings) + interest. And if all worked for a few months? And a few thousand rubles for moral damage in the appendage. However, not all agree to go back and work for the offender. Not everyone is waiting for the weather to the sea – to live as a necessary, but because sometimes arranged in much less paid work – but to get. In this case, absolutely not necessarily require the actual reinstatement, and the court simply will charge for the benefit of such employee wages during the time of enforced idleness.
The date of dismissal in this case will be the day making adjudication. The same date ends with a period of enforced idleness, and recovery of wages is also made up to and including the day the court decision. According to the latest edition Resolution of the Plenum Supreme Court of the Russian Federation of 17.03.2004 2, when determining the amount of payment for the time of enforced idleness average earnings, recoverable in favor of the employee during this time, is not subject to reduction in the amount of wages received from another employer, temporary disability benefits and unemployment, which he received during the period of enforced idleness. So that the employee may work in another place and get there wages, and after a positive court decision to get on top and a salary from his former employer. And no one will subtract! The decision to reinstate illegally dismissed employee or to reinstate the former employee's work, illegally transferred to another job, subject to immediate execution (Article 396 of the lc RF). If the employer fails to comply with the court decision, the period of forced absence is extended until the moment of execution. That is, the longer the employer pulls the payment, the more pay in the end. So before you dismiss an unwanted employee, the employer is thoughtful: not address whether the statement in court, which could lead to significant financial losses for firm? And the losses will be much more serious than the "compensation" to the employee or payment of qualified legal services, legal advice specialist. And the enforced absence will have to pay all at once. And virtually no staff member! Miser pays twice