Labour lawyer has achieved the reinstatement at paragraph 7 of part 1 of article 77 of the labour code

Employers often fire employees who refuse to continue working due to the changed working conditions. In compliance with employer's procedures for such dismissal to seek reinstatement without the assistance of a strong lawyer on labor disputes is extremely difficult.

In the beginning of 2015 to me for legal assistance to citizen K., a former employee of OJSC "Wimm-bill-Dann", was dismissed on the basis of paragraph 7 of part 1 of article 77 of the LC RF.

At first glance, the situation of the principal seemed hopeless. The management of JSC "Wimm-bill-Dann" has fulfilled all the formal conditions of dismissal: K. warned of the impending dismissal of more than two months, was offered the vacant positions.

However, having dealt in detail with the circumstances of the dismissal, I came to the conclusion that the law was still broken. Under the pretext of optimization of production was a reduction of the post of principal.

To protect the interests of K., I have submitted a claim in Timiryazevsky district court of Moscow. But to defend the violated rights of the principal in the court of first instance failed. The judge made the wrong decision, denying the claims.

Responsible labour lawyer uses every opportunity to protect the rights of the Trustee. Disagreeing with the decision of the district judge, I prepared and sent the appeal to the Moscow city court.

Judges of Moscow city court agreed with the arguments set forth in the complaint, and voiced its consideration on 30 November 2015. The ruling in case No. 33-23764/15:

  • K. reinstated.
  • With OJSC "Wimm-bill-Dann" in favor of the Trustee collected the salary for the period of enforced idleness – 8 months before the date of the decision of Moscow city court.
  • Compensated non-pecuniary damage and the costs of the representative in the case.

The successful resolution of the case C. the result of perseverance and competent lawyer on labor disputes.

Remember that the employment legislation contains sufficient standards, ensuring compliance with your statutory rights. The task of the lawyer skillfully use them to your advantage. Choose a lawyer that has proven his skills by winning cases.

With respect, labour lawyer Lyzhin Vladislav Mikhailovich.

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