Some employees, who have anxiously parted ways with their employer, start google after their dismissal, how can you annoy your former boss. And the search engine will give a hint Article 172 of the Criminal Code "Gross violation of labor legislation."
The article provides for liability for unlawful dismissal for personal reasons. Exactly personal motive - the main sign through which criminal liability arises.
How does it work?
1. There is a decision of a civil court that declared the dismissal illegal
2. An employee applies to the police for unlawful dismissal for personal reasons - for example, because of the employer's personal dislike of the employee.
If law enforcement officers send the case to court (they will not understand much whether there was any motivei), the head will need to prove to the court:
lack of hostility with the employee and conflict situations on the eve of dismissal
objective reasons for dismissal, which were guided by the employer (violation of labor regulations, the position of the workforce, disciplinary action).
Example, the court found the director of the enterprise guilty, who fired the accountant three times after his reinstatement through the court, and appointed his wife in his place. In court, the team members said that there was a tense relationship between the director and the accountant, she often criticized him at meetings, but performed her duties properly. It's over to the Supreme Court, who agreed that the dismissals were for personal reasons.
It is necessary to prepare for such processes very seriously, as the article provides not only a fine, but also the possibility of a ban on holding managerial positions for up to 3 years.
Conclusions. If if you have decided to dismiss an employee, then record the violation and conduct the dismissal correctly. If the court finds the fact of illegal dismissal, there is a risk of criminal prosecution.
