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What if on the day of the reduction the employee is sick?

Question - answer - Legal advice 20.03.2019 at 13:42

Question - answer - Legal advice

The court

considered the case in which laid-off worker

demanded, among other things, to postpone the date of his dismissal and pay him

for the corresponding period of average earnings. The claim of the employee was

is motivated by the fact that, in his view, the employer violated

the law requirements on the notification of the worker about dismissal in connection with

reduction (definition of Moscow city court from November 26, 2018

, case No. 33-50383/2018).

Recall that by virtue of article 180

Labor code of the impending dismissal in connection with reduction

the number or staff of workers of the organisation workers are informed

the employer personally and under a list not less than two months before


In this case, the employee was in compliance

the specified period is notified about the dismissal scheduled for March 26, 2017

. However, at the date the employee was on a piece

disability and returned to work only on 29 March. In the opinion of the employee,

in this regard, the employer would be obliged to notify him about

for dismissal, and such dismissal could not take place

earlier on may 29. The employer fired him immediately after

a hospital – 29 Mar. In this regard, the employee and asked to move the date