What to do if they are fired from work (IT company. Most likely under the article for inconsistency with the position held)?

Question

Law in IT

I was invited to work in the company as a web programmer. Develop sites on WordPress, Joomla, Bitrix, Yii.
Prior to that, I had been developing sites on Joomla for 5 years, I was little familiar with WordPress, Bitrix too, I had experience with Yii, I’m more or less familiar with it.
In general, they offered a higher salary and I went to work for another company. The company in the IT community was characterized positively, there are large customers.
The company has a leading developer (there are no others in my field), but he did not provide me with much help, he is engaged in Bitrix and Yii, I now have a not the best impression about him in terms of his qualifications, taking into account how he organizes the code in that or Bitrix.
The bottom line is that I worked for a little over a month and for some reason did not suit the employer in terms of timing and qualifications, although there were no large tasks and the terms of reference for these tasks often changed, I can’t say whether the client can’t decide or the manager’s problem.
I asked the employer why spoil the work book like that, because at the interview the question was discussed that I needed to be trained and the interview went very smoothly.
On this occasion, they answered me something like "work for now."
I'm on probation for another 3 months. I have been working for almost 2 months now.
At the end of last week, I was given the condition "resign or yourself" or you will leave under the article for not meeting the position you hold.
I read the Labor Code, there is a clause that the dismissal under this article goes through certification, but is it needed in my case, am I on probation?
What would you recommend to do in general in this situation? The company in which I worked has already hired a programmer (although perhaps a little later they will take me too, but this is not yet certain). I really don’t want to spoil the labor with 2 months of work. Prior to that, 3 years as a system administrator, 5 years as a web developer. In addition, the company seems to be respected in the market, they may ask why it takes so long, as it will not be very good if they give such reviews that they say they did it badly and slowly.
If, according to the article, what are the chances of defending something in court and what needs to be done for this?
I will be glad to any adequate help and practical someone else's experience.

Answer 1

Wow, that's my topic.
Only my topic is just beginning, so the trial will take place.
Now there is limited time to describe the situation, I will definitely work on it later and will already edit the answer by adding the necessary description of the situation with the employer and the pitfalls of labor legislation and the judicial system as a whole.
Now you can get acquainted with the situation and the documents submitted to the court, everything is published here https://vk.com/furmanov?w=wall-169093088_28
Later I will also publish links to the audio recording of the court session and the court decision, and other necessary documents.

Answer 2

I really don’t want to spoil the labor with 2 months of work.

They will see your work record only after they decide to hire. Accordingly, you can generally not indicate in your resume that you worked somewhere at that time. This is the first. Secondly, if you still butt heads and indicate this company in your resume, then as soon as potential employers call your previous place of work and hear about the court, your candidacy will most likely fall out of consideration.
In a word, leave on your own and when looking for a job, explain such a short time. In general, this is normal - that's why the trial period exists, so that not only the company takes a closer look at you, but you also look at the company. A single similar story will not confuse a normal personnel officer.

Answer 3

I was invited to work in the company as a web programmer. Develop sites on WordPress, Joomla, Bitrix, Yii.

not a programmer, but a laborer for riveting shit sites - the lowest form of activity in IT.

I worked for a little over a month and for some reason did not suit the employer in time

you're a bad slave, yes.

What to do if you get fired from your job

Quit. Preferably by sending them all in a certain direction, saying everything you think. Open sites with reviews about employers and write reviews about them so that others do not go to work for them.
Then open this article and read from cover to cover.

Answer 4

At the end of last week, I was given the condition "leave or yourself" or you will leave under the article for not meeting the position you hold.

Well, quit yourself, what are you talking about? You have no choice, either spoil the labor, or not.
In general, for dismissal for non-compliance, you really need to collect a commission that will evaluate your knowledge, but there are still plenty of loopholes for the employer.
Prove that you have the required knowledge.
I had the experience of butting with the employer, the situation was worse, but at least I corresponded to the position. If the employer believes that this is not so, then it is not so, accept it.
No offense, but for 5 years of experience, your stack is just not good.

Answer 5

I quit twice after a couple of months. When you realize that this is not your thing - tasks, colleagues, atmosphere - you just need to get up and leave. And that's okay. Finding a place where you stay for a long time with one attempt is not such an easy task.

Answer 6

I ran into a similar situation. They lured me with money, but the conditions turned out to be worse, one of the main things that turned up - the team actively cursed, vilifying, among other things, the code and the program that they wrote. They tried to hang other people's jambs and so on. I worked for a month and a half, that is, a month of probation passed plus a couple of weeks, but at one moment my patience snapped. In the personnel department, a girl told me that no one was looking at this (they were issued from the first day), but she did not believe it. And it’s true, then at the interviews, almost the first question was about the short term of work at the previous job. I solved the problem by removing this office from the resume altogether. They don't look at work.

Answer 7

Dismissing for incompatibility is difficult.
Most often, all conflict situations are resolved by dismissal of the employee's own will.
If at the same time you didn’t cheat each other (for example, they don’t cheat on your salary, and you, in turn, didn’t steal anything from the company), then dismissal on your own is beneficial to both parties.

Answer 8

If, according to the article, what are the chances of defending something in court and what needs to be done for this?

What for? Once such a booze has gone, you still won’t be able to work there. They eat. If you work for a couple of days "according to the charter" - and you yourself will run away, your slippers will sparkle.
Probationary period - it exists not only for the employer, but also for the employee. And the employee may well say - "it's good here, but let me go nah ...". - so you will explain that you have not passed the probationary period.
This is much easier to explain than the "wolf ticket" in the form of a court. And if you still win the case, they will generally shy away from you. The earth has the shape of a suitcase - this has long been proven.

Answer 9

Everyone is shaking for a work book, although no one especially looks at it when applying for a job. I already have a tab in it almost full. Positions, names of departments / departments, company names, etc. changed. Sitting in one place, you can get hold of a bunch of records in it. And in general, joining the previous speakers, it is a trial period for the employer too. I had a precedent, I worked for the company for 3 weeks. I did not like the staff and working conditions. Further, such an entry in the labor, with subsequent employment, did not bother anyone.

Answer 10

The easiest way for you is to quit on your own. If there is a record in the labor, then you won’t have to explain it at the interview (you don’t show the labor). But even questions will arise, we can say that he worked on the project as an additional. employment, but the employer set the condition that the project would be given only at office. employment, and since the pay is good, he did not refuse.

Answer 11

You are overestimating the workbook. Before what is written there, no one cares.
According to the article, you cannot be fired in any way, certification by your colleagues cannot be done, but according to the normal, it will be too expensive for the organization. So this can scare only beginners.
And if you think that the fact that you have a day of work there can affect your pension, then without this, the pension will not shine for you.

Answer 12

I'm on probation for another 3 months. I have been working for almost 2 months now.

That is 5 months? It is illegal. Open the Labor Code of the Russian Federation Article 70. Test for employment .
But if you are still on probation, then you can easily be fired without certification. Labor Code of the Russian Federation Article 71. The result of the test upon admission to ....
If you have not passed the probationary period, it is easier to quit yourself, otherwise you will be fired anyway.

Answer 13

Is anyone looking at work? Took bought a new one and everything!

Answer 14

I really don’t want to spoil the labor with 2 months of work.

In general, I have a dismissal under the article "Truancy" in one organization. Nobody ever bothered about it. I agree with the previous speakers, quit on your own and forget this office like a bad dream. If you stay, then all your life you will prove that you are not a camel.

Answer 15

A work book is needed to calculate the length of service when calculating a pension, if you live. With labor, maybe a couple of thousand rubles more pension. Well, or for unemployment benefits or something like that. It is impossible to indicate in the work paper how you write the code or your aikyu, what you have mastered during this time, etc. The brain changes over time, both for better and for worse. Depends on genetics and lifestyle. Today you are a fool, tomorrow you are a genius. And vice versa.

Answer 16

What to do if they are fired from work (IT company. Most likely under the article for inconsistency with the position held)

This requires certification, and this is gemorno and the company will not deal with it.
It’s easier for you to quit of your own free will - it’s beneficial for the company that without fuss, it’s beneficial for you that there are no records of unsuitability.