⚖️ The ship's victory in a labor dispute / on the right #639/3857/23
Before AB "Kerimov and Partners" a client was angry, who was called up for military service and was illegally discharged during the hour of service. In the professional work of the law firm “Kerimov and Partners”, justice has been achieved!
💼 the problem with how angry the CLIENT:
- Robot seller LLC “….” releasing the client under the “truancy” drive, although he was mobilized by representatives of the TCC and SP and subsequently called up for military service.
- Having returned to the Zhovtnevyi District Court of the city of Kharkov with the desire to renew the employment contract and to collect the average salary for an hour of forced absenteeism, they withdrew the vidmova from the satisfied request, since the previous colleagues had chosen the wrong method of protection and I’ll call on the evidence base. Before us, the prisoner became violent after the court's decision was revoked at the stage of appeal.
- The Kharkiv Court of Appeal was satisfied with the appeal filed in a further appeal, against the Supreme Court, depriving the decision of the appellate authority in force.
⚖️ Position of the Supreme Court:
- For workers called up during a special period, a job position is guaranteed, based on the average salary up to Part 3 of Art. 119 KZpP.
- The court confirmed that the dismissal order was illegal and ordered the employer to renew the client on board.
- We also decided to reduce the average earnings for the entire period of forced absenteeism.
⚖️ Decision of the court:
- Renewal at work and reduction in average earnings for the entire period of forced absenteeism.
- Confirmation that workers called up for military service are entitled to the protection of legal rights, and the employer cannot illegally fire them.
✅ Visnovok:
As a result, the professional protector of Kerimov and Partners AB, the client denied the legal renewal of our protector at work and a reduction in wages, and the practice of the courts once again confirmed: the rights of military convicts are protected by law.
📄 The full text of the statement is available here: https://reyestr.court.gov.ua/Review/131615773