True, the award (except for non-pecuniary damage) will keep the income tax. At the same time, employers have to pay more and the unified social tax on all "forgotten" salaries. Total average earnings UST + (26% of average earnings) + interest. And if all that is at once a few months? And a few thousand rubles for moral damages in the appendage. However, not all agree to go back and work with the offender. Not all wait a Sea weather – live like a must, and so arranged at times to much less paid work – but to get. In this case, does not necessarily require actual reinstatement, and the court simply will charge for the benefit of the employee wages at the time of enforced idleness.
The date of dismissal in this case will be considered day-judgment. The same date ends with a period of enforced idleness, and recovery of wages also performed up to and including the date of the court's decision. According to the latest edition Resolution of the Plenum of the Supreme Court from 17.03.2004 2, when determining the payment of time forced truancy average earnings, recoverable in favor of the employee during this time, is not subject to reduction in the amount of wages received from another employer, temporary disability and unemployment, which he received during the period of enforced idleness. So that the employee may work in another place and get there wages, and after a positive decision of the court and in addition get a salary from his former employer. And no one subtract! The decision to reinstate illegally dismissed employee or to reinstate the previous work of the employee, illegally transferred to another job, subject to immediate execution (Art. 396 of LC RF). If employer fails to comply with a court decision, the period of forced absence is prolonged until runtime.
That is, the longer the employer pulls the payment, the more pay in the end. So before you dismiss unwanted employee, the employer is to think about: not whether he will address a statement to the court, which could lead to significant financial losses for the company? And the losses will be much more serious than the "compensation" paid to the employee or quality legal advice. And the enforced absence would have to pay all at once. And virtually no staff member! Miser pays twice … Maksim Goryachev