Best Wrongful Termination Lawyers in Korolyov
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Find a Lawyer in KorolyovAbout Wrongful Termination Law in Korolyov, Russia
Wrongful termination - also called unlawful dismissal - occurs when an employer ends an employment relationship in a way that conflicts with the Labour Code of the Russian Federation or with the terms of an employment contract. Korolyov, as part of Moscow Oblast, applies federal labour law together with local enforcement by regional authorities and courts. Employment disputes are normally decided by courts of general jurisdiction, and administrative bodies such as the regional labour inspectorate supervise compliance and may assist employees in resolving violations.
Why You May Need a Lawyer
Employment law procedures and remedies in Russia can be technical and time-sensitive. A lawyer can help in many common situations, including:
- When you believe your dismissal lacked a lawful basis listed in the Labour Code.
- If the employer failed to follow required procedures - for example, did not provide written notice or did not document reasons.
- When you belong to a protected category - for example, you are pregnant, on parental leave, a trade union representative or otherwise specially protected - and were dismissed.
- In disputes over severance pay, back pay, calculation of averages, or compensation amounts.
- Where dismissal is connected to discrimination, retaliation for lawful activity, or whistleblowing.
- For collective disputes - such as mass redundancies or breaches of collective bargaining agreements.
- To prepare for court hearings, evidence collection, settlement negotiations, or appeals.
Local Laws Overview
Key legal points to understand when facing a wrongful termination issue in Korolyov:
- Legal basis for dismissal: Under the Labour Code, termination is permitted only on specific grounds that are set out in law and in the employment contract. Common lawful grounds include resignation by agreement, expiry of a fixed-term contract, disciplinary dismissal for a legally established reason, staff reductions or liquidation, and incapacity.
- Protected categories: Certain employees enjoy special protection against dismissal. These typically include pregnant women, employees on maternity or parental leave, single parents with young children, trade union leaders in many circumstances, and some other categories. Dismissal of protected employees often requires additional approvals or is allowed only in narrow situations such as company liquidation.
- Procedural requirements: Employers must follow form and procedure when dismissing staff. This generally includes issuing a written order, providing a proper written notice when required, documenting the factual grounds for dismissal and, where applicable, giving warnings or opportunities to correct performance or behaviour.
- Notice and severance: Different dismissal grounds trigger different notice obligations and severance entitlements. For example, staff reductions and company liquidation commonly require advance notice and payment of severance as prescribed by law. The exact amounts and timing depend on the ground for termination, applicable collective agreements, and the employment contract.
- Remedies: If a court finds the dismissal unlawful, it may order reinstatement, payment of lost earnings for the period of forced unemployment, or compensation instead of reinstatement if reinstatement is impractical. Courts may also award moral damages in appropriate cases.
- Burden of proof and evidence: The employer normally must demonstrate that dismissal procedures and legal grounds were respected. Written documents, orders, personnel records, and witness statements are often decisive.
- Administrative oversight: The regional labour inspectorate and the federal labour service supervise labour law compliance. They can conduct inspections, issue recommendations, and sometimes facilitate resolution outside court.
- Time limits: Many labour claims are subject to statutory time limits. Deadlines may be short for some types of claims, so it is important to act promptly and verify specific limitation periods with a lawyer or competent authority.
Frequently Asked Questions
What counts as wrongful termination under Russian law?
Wrongful termination generally means dismissal that lacks a lawful basis under the Labour Code, where required procedures were not followed, or where dismissal infringes special protections - for example, firing a pregnant woman without lawful grounds. It can also include dismissals motivated by discrimination or retaliation for lawful employee actions.
How quickly should I act after being dismissed?
You should act as soon as possible. Labour disputes can be time-sensitive and some claims have short statutory deadlines. Collect documents immediately, request a written explanation from the employer if one was not given, and seek legal advice to protect your rights and preserve evidence.
Can I get my job back if my dismissal was unlawful?
Yes. Courts can order reinstatement to your previous position and require the employer to pay lost earnings for the period between dismissal and reinstatement. If reinstatement is impossible or impractical, the court may order compensation instead.
What documents and evidence should I collect?
Keep your employment contract, the employer's dismissal order or notice, pay slips, personnel records, any written warnings, email or text communications, witness contact details, medical certificates if relevant, and any documents showing discrimination or retaliation. Copies of collective agreements or internal rules can also be important.
Can an employer fire me while I am on maternity or parental leave?
Dismissal of employees on maternity leave or parental leave is generally restricted and is only allowed in limited circumstances set by law - for example, when the employer is liquidated. Because protections are specific and strict, consult a lawyer immediately if this occurs.
What compensation can I expect if the court finds the dismissal unlawful?
Typical remedies include reinstatement and back pay for lost earnings from the date of dismissal to the date of reinstatement. If reinstatement is not ordered, monetary compensation for lost earnings and possibly moral damage may be awarded. The exact sums depend on your earnings, the period of unemployment caused by the dismissal, and court discretion.
Should I contact the labour inspectorate first, or go straight to court?
Both options are available. The regional labour inspectorate can investigate violations, help resolve disputes, and may prompt a corrective response from the employer. Filing a court claim is the formal route to obtain legal remedies such as reinstatement or compensation. A lawyer can advise which route is best in your case and may use both paths in parallel.
Can my employer retaliate against me for filing a complaint?
No. Retaliation for asserting labour rights is unlawful. If you experience adverse treatment after filing a complaint - such as demotion, harassment, or dismissal - that can be additional grounds for a complaint and strengthen your case.
How long does a wrongful termination case usually take?
Duration varies. Some disputes are resolved in weeks or months through negotiation or administrative intervention. Court cases often take several months and may extend longer if there are appeals. Complex cases or collective disputes commonly take longer.
Do I need a lawyer to win a wrongful termination case?
You are not required to have a lawyer, but experienced legal counsel significantly improves your chances of a positive outcome. A lawyer can assess legal grounds, prepare documents, gather evidence, represent you in court, and negotiate settlements. For complicated matters, protected-category cases, or when substantial compensation is at stake, legal representation is strongly advised.
Additional Resources
Useful bodies and types of assistance to consider when dealing with wrongful termination in Korolyov:
- Regional labour inspectorate for Moscow Oblast - supervises compliance with labour law and accepts complaints.
- Federal service for labour and employment - oversees national labour law enforcement and guidance.
- Korolyov city courts and Moscow Oblast courts - where employment disputes are litigated.
- Local trade unions - may provide support, legal advice or representation if you are a member.
- Public prosecutor's office - monitors legality and can take action in systemic or serious cases.
- Non-profit legal clinics and pro bono services - some organisations offer free initial consultations for employees.
- Registered labour law attorneys and law firms in Korolyov and Moscow - for paid legal representation and detailed advice.
Next Steps
Follow these practical steps if you think you were wrongfully terminated:
- Collect and secure all relevant documents and evidence - employment contract, dismissal order, pay slips, messages and witness contact information.
- Request from your employer a written explanation or a copy of the dismissal order if you have not been provided one.
- Contact the regional labour inspectorate to report the issue and learn about administrative remedies.
- Seek a consultation with a lawyer who specialises in labour law to review your case, explain deadlines, and outline remedies.
- Consider negotiation or mediation if appropriate - a lawyer can help propose settlement terms to recover pay or other compensation quickly.
- If necessary, prepare and file a court claim - your lawyer can draft the statement of claim, gather evidence, represent you at hearings, and manage appeals.
- Keep detailed records of all communications, actions taken, and any financial losses resulting from the dismissal.
Act promptly - labour disputes often involve short deadlines and faster action increases the chance of a favourable result.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.