Legal nature of payment of forced absenteeism in case of unlawful dismissal

Abstract

Decisions of the bodies dealing with individual labor disputes on the reinstatement of illegally dismissed employees are always accompanied by a decision to recover payment for the time of forced absenteeism. This article deals with the problems of determining the legal nature of such payment. Such payment is considered both from the point of view of the remedy of violated labor law and from the point of view of material liability of the employer. In this aspect, the article addresses the issues of what should be the basis for the recovery of such payment, what conditions should be met, how the period of forced absenteeism should be calculated.