April 23 16:50
The prosecutor's office helped a resident of Krasnoyarsk cancel her illegal dismissal after maternity leave.
The press service of the supervisory agency said that since 2017, the woman had worked remotely in a construction company as the head of the estimate and contract department. After maternity leave, she was ready to return, but her employer came up with an unusual move.
First, the company sent the employee to finish off her accrued vacation days, then demoted her to surveyor and cut her rate in half. When the vacation ended, the woman asked to send assignments, but in response she heard that her workplace was now in Divnogorsk. At the same time, the employee previously worked from home, and her employment contract did not contain an agreed place of work. The woman tried to restore justice, but the company recorded absenteeism every day, issued two disciplinary sanctions and fired her.
“The prosecutor’s office separately noted each violation in its conclusion. The employer unilaterally changed the place of work, position and salary – although by law he is obliged to notify about this two months in advance and obtain the employee’s consent. Neither one nor the other was done. The woman was fired for absenteeism, but her workplace was not agreed upon in the employment contract, and she repeatedly tried to get assignments – the company simply ignored them. The orders on penalties do not specify specific dates for absenteeism, and it does not indicate what rules were violated. Also, the employee was punished twice for the same violation, which is directly prohibited by the Labor Code,” the regional prosecutor’s office clarified.
As a result, the court reinstated the woman in her previous position, and the employer was charged the average salary for the period of forced absence of 205 thousand rubles and compensation for moral damage.
The decision has not yet entered into legal force.
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