The need to challenge the dismissal order
In accordance with paragraph 10 of the regulatory decree of the Supreme Court "On certain issues of the application of legislation by courts in the resolution of labor disputes", the employer's act must specify the basis for termination of the employment contract in accordance with the Labor Code. In this regard, the courts should invalidate the employer's act of termination or termination of the employment contract and only then resolve the issue of reinstatement of the employee at work.
Guided by this explanation, the courts of Almaty rejected K.'s claim. to the Police Department, as well as S. to the Almaty Academy of the Ministry of Internal Affairs for reinstatement, including on the grounds that the claim was filed prematurely, since the plaintiffs did not file a claim to invalidate the order. At the same time, the courts clarified that the plaintiffs were not deprived of the opportunity to file a claim to challenge the order.
In this regard, it is necessary to recommend that the courts, in order to avoid red tape and re-appeal to the court, guided by part 3 of Article 15 of the CPC, explain to the plaintiffs about the need to clarify and supplement the claims.
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