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Acsour has won the labour dispute and defended the employer’s rights in court

Acsour has won the labour dispute and defended the employer’s rights in court

LEGAL DIGEST, NEWS \ 08.12.2021

Acsour successfully defended the Client’s rights in a labour court dispute with its former employee.

According to the state of affairs, the employee appealed to the court with a complaint against the Client about the incorrect calculation of temporary disability allowance and illegal dismissal. However, Acsour experts were able to dispute these charges.

As it is known, when calculating payments concerning sick leave, such figures as the employee’s insurance experience, the amount of regional premium rates (if any), and the composition of income for previous periods are taken into account. These figures affect the amount and procedure for calculating the average earnings of a working individual. Based on this, at the request of the Client, a response to the claim was prepared, which proves that the calculation of the sick leave allowance was carried out in full accordance with the legislation of the Russian Federation on compulsory insurance.

The Social Insurance Fund was involved in the dispute as a co-defendant, which confirmed the correctness of the calculations.

Acsour also prepared a written justification for the lawful dismissal of the Client’s employee. The document noted that the Labour Code of the Russian Federation clearly determines cases of legal dismissal of employees. And the Client did not violate these requirements.

In the absence of legal grounds for bringing the company to liability, the court decided to dismiss the claim of the former employee of the Client.