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Another ex-employee sued Forbes 4 million rubles for unlawful dismissal

image Natalya Gandurina achieved justice in a lawsuit with the publishing house “As Russian Media” - the publisher of Forbes in Russia. This company was an employer Gandurina. Moreover, she held senior positions there.

Until the summer of 2016, Gandurina was the CEO of Ac-Rus Media. Then, in connection with the restructuring, she was transferred to the post of vice-president of the new structure of the publishing house - “ART Trading Portfolio Management”. The transition was explained by the lack of Russian citizenship with Natalia Gandurina.

In December, she decided to leave the company. But it turned out that her employment contract was terminated as early as summer with the wording of paragraph 2 of Article 278 of the Labor Code - by decision of the owner. Because of this, she went to court. Her requirement was simple: to recover from the former employer compensation in the amount of 5 million rubles for unjustified dismissal under the article.
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However, the representatives of “Ac Rus Media” claimed that she was not entitled to compensation, because after writing about her dismissal in the workbook, Gandurin continued to work in the structure of the publishing house and received salaries every month. However, the defendant acknowledged the violation of the labor legislation and agreed that he had incorrectly made an entry in the workbook of the ex-employee.

The Presnensky District Court partially granted the claim: Natalya Gandurina will receive 4 million rubles and compensation in the amount of 50 thousand rubles for moral damage. The company "ART Trading Portfolio Management" is also waiting for a lawsuit, but the details are not yet known.

In July 2016, the publisher of Russian Forbes paid the former deputy chief editor of the site Anastasia Gorshkova compensation for the termination of the employment contract (920 thousand rubles, 6-month salary), accumulated debts for 4 months worked (200 thousand), compensation for unused vacation and 27 thousand rubles, withheld by the publisher in May 2016. The matter reached the point that she had to complain about the employer to the labor inspectorate.

Since December 2016, Forbes official Elena Zubova is suing the structures of the publisher of the Russian version of Forbes. According to Zubova, she must be paid for “unlawful dismissal” of 1 million 200 thousand rubles (one annual salary), and another 100 thousand rubles the journalist demanded to recover from the editor-in-chief of the publication Nikolai Uskov as compensation for moral damage.

The publishing house "Ac Rus Media" was created by businessman Alexander Fedotov in 2008. He publishes such magazines in Russia as Forbes, Numero, L'Officiel and Geo.

In Russia, labor legislation was formed in such a way as to protect the rights of hired employees, therefore, the court more often takes their side, said Alexander Alexandrov’s partner at A2 Law Office, told Vedomosti. In this case, there are a number of gross violations of the law by the company: failure to notify in due order about the decision on dismissal made by the owner or his body / person authorized by him / her, lack of an employment contract. Despite the fact that this violation of the Labor Code is quite serious, the company has the right to challenge the decision of the court of first instance within a month.

Source: https://habr.com/ru/post/330230/


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