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Publication date: 01.02.2024
A legal fanatic from many years. I get pleasure from my work, it is a kind of addiction
Dismissal of an employee in Ukraine is regulated by labor legislation. Illegal dismissal can occur if the employer violates the procedures established by law or commits dismissal in violation of labor legislation. If you have been fired illegally, a lawyer will help you resolve the issue
The main aspects that may be considered illegal dismissal in Ukraine include:
Lack of proper grounds:
Dismissal must have reasonable grounds, such as violation of labor duties by the employee, reorganization or liquidation of the enterprise. Dismissal without reasonable grounds may be considered illegal.
Adherence to procedures:
The employer must follow the statutory procedures for dismissal. This includes written notice to the employee in advance, specifying the specific reasons, terms of the conclusion, etc.
Adherence to the terms of the conclusion:
The dismissal must take place in accordance with the established terms, which may be determined by the labor law or the employment contract.
Payment of relevant compensations:
- Upon dismissal of an employee, the employer may be obliged to pay appropriate compensation, in particular, in accordance with the law or the terms of the employment contract.
- If the employee believes that his dismissal was illegal, he can apply to the court or other relevant authorities to protect his rights.
- It is important to consult a qualified lawyer in Ukraine for individual advice, as the details of individual situations can affect legal status and optimal defense strategies.
In addition, it is important to consider the following aspects:
Legality of termination of the employment contract:
The dismissal must take place within the framework of the legal grounds provided for by the labor legislation of Ukraine. For example, it may be due to violation of labor duties by the employee, non-compliance with the requirements of the position, liquidation of the enterprise or change of organizational and legal form.
Specific conditions of the employment contract:
The terms of the employment contract may contain additional requirements or restrictions that must be taken into account at the time of dismissal. The employer must comply with the terms of the contract.
Violation of dismissal procedures:
If an employer fails to follow statutory procedures, such as failing to provide written notice or consult with trade union representatives (if any), this may be considered a breach.
Protection from dismissal due to anti-corruption or other laws:
Some laws may protect employees from being fired for speaking out or exposing corruption. Such situations may also be worth considering in the context of wrongful dismissal.
Appeal to trade union bodies:
- Trade union bodies can support workers in cases of wrongful dismissal by providing advice and dispute resolution.
- It is important to understand that consultation with a lawyer is an urgent part of the dismissal procedure because the specific circumstances of each situation can greatly influence the determination of wrongful dismissal.
- Just write a request for legal advice on dismissal.
- If you find yourself in a similar situation, it is recommended to consult with a lawyer specializing in labor law in Ukraine.
- In Ukraine, an employee who considers his dismissal illegal has the right to be reinstated at work, as well as to receive compensation payments in case of violation of his labor rights.
Below are some steps you can take in the event of wrongful termination and desired reinstatement:
Saving all documents:
Keep all documents related to your employment, including contracts, notices of termination, letters confirming the violation, and any other correspondence with the employer.
Appeal to trade union bodies (if they exist):
If you are a member of a trade union, contact it for legal and organizational support. The trade union can provide advice and help in resolving the dispute.
Consultation with a lawyer:
Contact a qualified lawyer specializing in employment law for advice. A lawyer can help determine the legality of your case, prepare the necessary documents and provide legal support in the court process.
Preparation of the complaint:
In case of illegal dismissal, you can file a complaint with the court. Prepare all the necessary documents and arguments that confirm the illegality of your dismissal.
Trial:
If you decide to file a complaint with the court, contact the judicial authorities and defend your rights in the legal process.
Reinstatement or compensation:
If the court rules in your favor and finds the dismissal unlawful, a reinstatement order may be issued, or compensation may be awarded in the form of back pay and other expenses.
Legal advice on dismissal is the first step on the way to restoring justice.
