the case was conducted by lawyer A.A. Kuryanov
Our client decided to refuse work that threatens his life and health on the basis of Article 379 of the Labor Code of the Russian Federation in order to protect his rights. From that moment on, he did not start work and a disciplinary sanction in the form of a reprimand was applied to him. Subsequently, he was dismissed by the Employer under paragraph 5 of Article 81 of the Labor Code of the Russian Federation. The court upheld the conclusions of our sports lawyer that the Employer had violated a prerequisite of the employment contract to ensure the conduct of training events and participation in sports competitions under the guidance of a Trainer-teacher. Also, we were able to prove that the Weightlifting Coach did not have the appropriate secondary vocational or higher education. Consequently, it does not meet the requirements of paragraph 24 of article 2 of the Federal Law “On physical culture and sports in the Russian Federation.” The employer did not have the right to apply disciplinary liability to the client since he was self-defending his labor rights in accordance with Article 379 of the Labor Code of the Russian Federation.
