Do not fire for absenteeism - 1BiTv.com

Do not fire for absenteeism

The Supreme Court explained: snowfall is an excuse not to come to work.


Do not fire for absenteeism


In anticipation of the onset of cold weather, the clarification made by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation may be very important. She reviewed the decisions of lower courts on the dismissal of an employee due to failure to appear at work.
The banal question is whether it is possible not to go to work if the public utilities did not manage to clear the road from the snow in time, according to the Supreme Court, the local courts did not allow it correctly. But the high court supported the plaintiff - an employee of one of the Moscow research institutes. Due to heavy snowfall, the woman was unable to get to work, and this became the basis for dismissal.
The conflict itself happened in February 2018. At the beginning of the month, on the weekend, the plaintiff went from Moscow to the region to visit elderly parents. But the weather turned bad, and heavy snow began, lasting almost two days. As a result, by Monday, the only road in the village was under a thick layer of snow, with all the ensuing consequences.

That is, public transport did not go, and the nearest train needed to get 10 kilometers to the waist in the snow. The employee, seeing that she could not get out of the village, informed her supervisor that she would not work.
The citizen tried all possible options to break out of the snow captivity - she even called a tractor to clear the road. But the tractor could not get to the place because of a car abandoned on the road.
The plaintiff was not forgiven for absenteeism, and the employer fired the employee a few days after such an unfortunate Monday. Disputing the illegal, in her opinion, dismissal, the citizen filed a lawsuit in the district Timiryazevsky court of the capital. But they decided that the dismissal was correct.

The appeal in the person of the Moscow City Court found no errors in the decision of the colleagues and considered their opinion to be correct and legal.
After that, the citizen had to go to the Supreme Court and ask for the cancellation of the court decision. The Judicial Collegium for Civil Cases of the Supreme Court examined the case and considered that the trial courts did not check all the circumstances of the case and did not assess the proportionality of the dismissal.

The Judicial Collegium for Civil Cases emphasized that the plaintiff was unable to leave the village because of a road that had not been cleared after heavy snowfall. And in the village where she was, such a road - one for entry and exit.

At the same time, public transport in the village also does not go, and the nearest station is 10 kilometers, which it was simply unrealistic to overcome after a snowfall.

The Supreme Court also emphasized that usually a tractor clears a village road, but that day it could not pass because of a car abandoned on the road.

All these points must be taken into account by local courts when making a decision, the Supreme Court said and overturned all decisions that made the dismissal legal. The case will be reviewed.

Source: Russian newspaper


19.09.2019 07:11:46
(Automatic translation)






15.10.2019 06:56:34

Element

In Japan, the number of typhoon victims has reached 68 people.
14.10.2019 10:34:59

The mighty Russian ...

The most common mistakes of schoolchildren at the exam in the Russian language are named.
14.10.2019 10:30:01

Being late is not acceptable?

Irkutsk hockey players were not allowed on the flight due to a minute delay.
11.10.2019 09:54:50

The best cities of Russia

The most promising cities of Russia according to Forbes.
11.10.2019 09:51:39

Press market

The President of Ukraine held the first meeting with the media after the election.


Advertisement

Advertisement

Themes cloud

bimetallism drink aircraft testosterone architecture quasi-agreement the death penalty memorandum pledge offer emission gas VAT Tax Free lawyer study role soccer shoes mark alcohol diabetes Greece jackpot organization S-300 content coin coffers fideicomass Crimea rocket timocracy FMCG slavery transfer Olympic Games will medicines monopolist parturition FIFA 2018 investigation revaluation cat tax shipping child the tablet ATM monetary system GLONASS citizenship recreation debt treachery 3G mushrooms air transportation investment mortgage Colour ruble money issue crocodile Job China murder causa cinema live a restaurant planning reward money supply food cargo gold elections private banking policy USA Moscow provider head conversion Sochi note counterfeit Paralympic Games product female own philosophy judge monometallism assassination attempt sanctions music bridge a bag medicine Viber Ukraine straw a laptop co-packing Taxi song Bocharov Creek Neurotechnology apple transgender finger dismissal legate compromising evidence agent conference import easement law staff export currency unit denomination adoption theft Rome marketing will Kazakhstan dog action arson client security mail oligarchy divorce freedom car beer derivative report Contract credit theory CCTV integration Russia fraud pact regulations marriage consultation money The Code of Justinian insulin Israel cession CIS confiscation customs smuggling Iran business currency extortion selling Kerch rating festival bill law liquidation Syria cargo transportation premise monetary aggregate payment arbitration court legislation UN Plato pharmaceuticals trade pension bite channel baby economy hotel undeclared goods test tort bank turnover real estate 4G trademark mortgage exchange control seller delivery WTO Road accidents ban succession moderation LTE doctor logistics accompanying reform dictionary juice football QR Code order poisoning IFRS democracy bravery paint a family internet nullification lottery Belarus justice Germany Submarine snake treaty devaluation Gazpromneft finance tyranny a toy heir inheritance coffee gold-coin standard Socrates intellectual property court acceptance digitalization dollar

Persons

Companies


1BiTv.com   © 2011-2019    |    Privacy Policy    |   Created by Technologies for Business    |   en@1bitv.com