The order on termination of the employment contract declared illegal

Bayanaul district court of Pavlodar region considered the civil case on the legal claims of citizens C. and V. to the JSC "Maikainzoloto" to invalidate the order on termination of the employment contract, reinstatement, recovery of wages during forced truancy and non-pecuniary damage.

From the case materials it follows that C. since 9 September 2005 she worked in the position of the underground mine operator JSC "Maikainzoloto", plaintiff V. in this position since April 17, 2011.

Orders №12 and №13 dated 02.15.2016, JSC "Maikainzoloto" terminated the employment contract with the C. and V. in connection with the staff reduction.

By the court decision the plaintiffs reinstated in the position of the operator Maykainskogo underground mine of JSC "Maikainzoloto". From the defendant in favor of C. and V. charged average wages during their forced absence, moral damages 30 000 tenge each, the cost of paying the state fee.

Satisfying the legal claim, the court stated that an employer has violated, as expressed in the following actions.

In connection with the implementation of the new Labour Code, the employer had to make changes in the employment contract and bring it into line with the requirements of the law. In addition, orders for the termination of employment contracts handed down on February 15 2016, at the same time they indicated to terminate the contract from 13 February 2016, thus the defendant could not stand under the Code within one month after notification of the impending termination of the employment contract.

With the reduction of the employees the respondent did not consider their education, work experience, lack of disciplinary action that indicates lack of objectivity consideration by the employer.

In turn, the trade union has not provided a reasoned decision of the trade union opinion to justify conclusions, and limited issuing decision to consent to the dismissal.