Supreme Court of Russia granted the right to challenge the dismissal in a year

The Supreme Court of Russia took the side of the employee in one of the labor disputes, as he turned out to be the least protected in comparison with the employer.  The employee, by agreement with the management, was fired on his own free will, but continued to work in the company, but under a fixed-term contract and in a lower position.  He was promised to get everything back, but this never happened.  Then the man applied to the court.

The judges of lower courts upheld the position of the employer, who pointed to the missed one-month deadline for challenging the dismissal.

The plaintiff referred to the validity of the reasons of the missed deadline: the employer assured that the demotion measure was necessary and temporary, and soon everything would return back.

The worker himself was afraid to go into open conflict, since he was the only source of income for his family.

The Supreme Court of the Russian Federation, considering the case, recalled that the period established by the Labour Code of the Russian Federation for challenging the illegal dismissal can be extended if there are valid reasons for it. At the same time, the list of these reasons is not named, which means that everything remains at the discretion of the court.

As a result, the highest court annulled the issued decisions, restored the missed procedural period to the plaintiff and sent the case for reconsideration (case No. 16-KG20-6).