Explore your rights as an employee when facing termination. From severance pay to legal action, understand how to protect yourself when you are fired from a job.

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What Rights Do You Have When You Are Fired From a Job

Employers do not always part with employees fairly. We figure out what rights those who work under an employment contract have when being fired , and how to protect yourself. The material was prepared by Daria Gogoleva, a private lawyer and the author of the educational project “Lawyer-Careerist”.

The main document that sets out the rights and obligations of the parties upon dismissal is the Labor Code of the Russian Federation. The termination of an employment contract is described in Chapter 13, and guarantees and compensations related to dismissal are described in Chapter 27.

Dismissal at the initiative of the employee, or “dismissal at one’s own request”

Occurs when an employee decides to leave on their own. The manager cannot force you to work against your will.

When resigning at your own request, you must notify your employer in writing two weeks before leaving – it is assumed that a replacement will be found for you during this time. You will need to work for 14 days: the work-off period begins the day after the employer receives the application, and includes all calendar days, including weekends and holidays.

If you are on probation or working under a fixed-term contract concluded for two months, the notice period can be reduced to three days.

In some cases, the law allows you to quit without working out your notice period at all:

applicants – if there is a document confirming their enrollment in studies;
pensioners;
pregnant women ;
women with children under three years of age or children with disabilities under 18 years of age;
any employee if the employer violates labor standards – for example, delays salary for more than 15 days or vacation pay for more than three days. In this case, evidence of violations will be required.

On the day of dismissal, the employee must be paid wages for the period worked and compensation for unused vacation days, if any remain.

Dismissal by mutual agreement

If the employee and employer have come to the idea of terminating the employment contract together, the employee writes a resignation letter by mutual agreement. In this case, it is not necessary to work for two weeks: the date when you submit the letter may be the last working day. But you can also specify another date.

In this case, the employee also has the right to receive wages for the time worked and compensation for unused vacation days.

Dismissal at the initiative of the employer

If the employer initiates a separation from the employee, he is obliged to select a reason from the list of the Labor Code of the Russian Federation and support it with evidence. In this case, there is no need to work for two weeks.

In addition to salary and compensation for unused vacation days, the employee must receive severance pay. If the employer not only fires a person, but also makes a reduction, that is, also eliminates your position, you receive additional compensation.

Expiry of the employment contract

If the employment contract has a start and end date, such a contract is called fixed-term. The employer must notify the employee in writing that the contract is about to expire 3 days before the dismissal date.

After this, the employee is paid a salary and compensation for unused vacation days.

What rights do you have when you are fired?

Right to payments

On the day of an employee’s dismissal, the employer is obliged to pay him all amounts due by law.

Receive salary for the period worked

The salary must be paid for all the time worked. If you work in harmful conditions , a bonus is provided for this.

If the employer delays payment or refuses to pay for work in full, the law provides for fines.

Receive compensation for unused vacation

If an employee has vacation days left that he/she has not used, he/she is paid compensation. It is calculated as follows: the number of unused vacation days is multiplied by the average daily salary.

All unused vacation days will be paid not only for the last year, but also for the entire working period.

Receive severance pay (not in all cases)

Severance pay is an amount equal to the average salary for two weeks or a month.

A benefit equal to a month’s salary is paid in the event of a company’s liquidation or staff reduction. If a person has not found a job two months after the reduction, the former employer must compensate him for the average salary for the second month as well. If you did not work for part of the month, then only for that period. To receive the payment, you will need to present your work record book. Moreover, the payment will be made for the third month as well, but only on the condition that you registered with the employment service – no later than 14 days after the date of dismissal – and were unable to find a job.

Severance pay in the amount of two weeks’ salary is paid when:

The company moved to another city, and the employee does not want to move with it.
The employee can no longer perform his job duties due to his health condition and refuses other work offered to him by the employer.
The employer changed the terms of the employment contract, and the employee does not agree with them.

If you resign of your own accord, you are not entitled to severance pay.

Receive compensation for early dismissal

By law, the employer must notify about the upcoming layoff two months in advance. The employee can continue working during this time or quit immediately – in the second case, he is entitled to additional compensation.

The amount of the payment will depend on the average salary. They will compensate for the period from the moment you were notified of the layoff until the date of the layoff.

The right to receive the necessary documents

Entry in the work book

On your last working day, you must be given your work record book back if you have not switched to its electronic version. The book must contain correct information about your experience: job title, dates of hiring and firing, reason for leaving, signatures and seals. If something is not specified or is specified incorrectly, you have the right to demand correction.

If you have switched to an electronic version of the work record book, the employer must also issue an extract on your work experience in the company.

Income certificates

Documents may be required for employment , when applying for sick leave or tax deductions, benefits and pensions. To obtain certificates, you need to write an application to the employer.

When your rights are violated upon dismissal

If you do not plan to quit, and the employer suggests writing a letter of resignation. In this case, the employer may inform you that he will fire you under the article. We are talking about Article 81 of the Labor Code. Study it carefully and figure out whether there are grounds for such a dismissal. If there are none, then your rights are also violated.
If they fire for “gross violations” of labor discipline that are not included in the Labor Code. Gross violations, for example, include absenteeism, going to work under the influence of alcohol or drugs, or disclosure of commercial secrets.
If the wording “unsuitability for the position” is used against you without conducting an assessment . The employer must confirm that you really are not coping with your duties. Also, before dismissal under this article, the employee must first be offered another job.
If you are fired while you are on sick leave or vacation. By law, the employer is obliged to wait for you.
If you are fired without reason during pregnancy. Also, a woman with children under three years old and a single mother with a child under 14 or a disabled child under 18 cannot be fired without reason.

What to do if your rights are violated upon dismissal

Point out the violation of the Labor Code to the employer. Perhaps the conflict can be resolved peacefully and quickly: legal proceedings will require a lot of time and moral fortitude.
Find a lawyer who will understand your situation. General cases may hide important nuances. A qualified specialist will help you act consistently and competently.
Collect evidence of your innocence. This may be documents – sick leave and vacation sheets, witness statements, which may include your colleagues.
File a complaint with the labor inspectorate. You will need to register on the website through “Gosuslugi”, provide information about yourself and your employer, as well as describe the current situation and attach documents confirming the facts. The complaint must be considered within 30 days. You can also file a claim in court: in this caseBe prepared to act quickly. You can only challenge a dismissal in court within a month.

What rights do you have when you are fired from a job?