Rus News Journal

Business about dismissal from civil service of single mother will consider the Constitutional court

the Constitutional court considers case of lonely mother.

Victoria Kobylinsky from Vorkuta, dismissed from civil service on reduction of the staff in spite of the fact that alone brought up the son, waits for legal investigation results in the Constitutional court.

This history has begun in 2009 when in Republic Komi spent reorganisation. The senior expert of department of social guarantees of department of guardianship in republican Agency on social development in Vorkuta Victoria Kobylinsky who has worked in system sotszashchity already 4 years and finishing to get education on a speciality, first did not worry: To my work never censures was, all characteristics excellent .

Especially her son Artemu was 7 years old, it brought up its one and has been assured that is protected by a part of 4 articles 261 of the Labour code, forbidding cancellation of the contract with single mother who is bringing up the child till 14 years at the initiative of the employer.

However it has not stopped the employer and as it was found out during hearings in the Constitutional court, passed in Tuesday, to it did not offer employment, except the general for all employees of the information on vacant posts in system of civil service of republic.

In conversation with Victoria named, for example, vacancy the expert in civil defence where it was required the higher cultural urological formation, or vacancy in village from the ministry of architecture for the civil engineer .

And though on its direct speciality work to it have not offered, she has written to Syktyvkar: In the letter I have informed that agree any post, I will go to any village if only not to lose work. It was ready even to leave from civil service because we have 4 subordinated centres sotsobsluzhivanija. It should to move, yes I would agree, after all when there is a work and the income - in the future look, and and so to sit in Vorkuta without work - anything good .

But in the answer has received the letter where to it have advised to address for employment to own heads.

Kobylinsky have dismissed in May, 2010, in June in its former department two have left work, but her back have not called. It is on welfare and will receive it till December: 7840 roubles. In this time it had a pleasure - the grief has married also - to son Artemu have diagnosed a hemophilia, it is necessary to make out physical inability, to search for means, to treat the child.

Victoria and has not found work: City small, all chiefs each other know, anywhere do not want to take from - for courts .

When Kobylinsky had legal proceedings in republican courts lost though even the Office of Public Prosecutor has changed a position and began to support it. During consideration of its complaint in KS about conformity of the Constitution of article 31, a part of 1 article 33, article 37 of the Federal law About the state civil service of the Russian Federation it was found out that judiciary practice on a problem of dismissal of state employees is extremely inconsistent, courts take out decisions that in favour of the state, in favour of workers.

the Representative of the president in KS Michael Krotov protected challenged norm, having declared that if to change a situation, in general nobody from state employees can be reduced. And when judges KS began to be interested at it who is guilty in Victoria`s dismissal, Moles has declared that In this case the citizen Kobylinsky has refused to occupy other posts given to it .

- At me only and the hope on KS, - sighs Victoria. - I think, the state employee or not, the militiaman or the state employee - all should be protected equally.

on business the Constitutional court will take out the Decision within a month.

the File

Wishing to address in the Constitutional court it is necessary to direct the complaint directly to St.-Petersburg:
190000, St.-Petersburg, a Senatskaya Square, the house 1.

to Specify the information it is possible in reception KS in Peter: (812 404 - 33 - 11 (round the clock), (812 404 - 31 - 99 (in reception hours of citizens).