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Publication date: 04.04.2024
In the conditions of the modern labor market, when conflicts between employees and employers are an integral part of labor relations, contesting illegal dismissal becomes an urgent task. In case of disagreement with the employer's decision to dismiss the employee, the latter has the right to apply to the court for the annulment of such decision.
The norms of the Code of Labor Laws of Ukraine determine the category of disputes that are subject to direct consideration in local courts. Such disputes include employee disputes about reinstatement regardless of the grounds for dismissal, changing the date and wording of the reason for dismissal, payment for forced absenteeism, refusal to accept employment and some other disputes.
Let's look at the main aspects of the appeal of illegal dismissal and the procedure for the protection of labor rights.
The term of appeal to the court
Legislation sets clear deadlines for appealing an illegal dismissal. Within a month from the moment of receiving a copy of the dismissal order or the issuance of the employment book, the employee has the right to apply to the court to declare the dismissal invalid. In cases of payment of sums due to the employee upon dismissal, it is necessary to apply to the court within a period of three months from the date of receipt by the employee of a written notification of the sums accrued and paid to him.
In the case of missing the deadline for applying to the court for valid reasons, the court may renew such deadline at the reasoned request of the employee or lawyer.
Reinstatement and other consequences
In the event that dismissal is recognized as illegal or illegal transfer to another job, the court may make a decision to reinstate the employee, change the wording of the reasons for dismissal, and compensate for material and moral damage.
The decision to resume work is subject to immediate implementation.
Payment of forced absenteeism
If the employee is reinstated, the court makes a decision to pay the average salary to the employee for the period of forced absence, but not for more than one year.
In case of impossibility of employment of an employee due to incorrect wording of the reason for dismissal, the court makes a decision to pay such an employee the average salary for the period of forced absenteeism.
If the employer delays the reinstatement of the employee, the employer must pay the employee his average earnings.
Material responsibility of the person guilty of illegal dismissal
An official who is guilty of illegally dismissing or transferring an employee to another job shall cover the material damage caused to the enterprise by such illegal actions.
Compensation for moral damage
The law provides for the possibility of compensating an employee for moral damage caused by illegal dismissal.
Decision-making in case of impossibility of resuming work and termination of enterprise activity
In the case of termination of the activity of the enterprise, institution or organization and the impossibility of resuming the employee's work, the court makes a decision to pay the employee wages for the entire period of forced absenteeism. compensation and other compensation in accordance with the law.
Professional legal assistance
In order to successfully challenge an illegal dismissal, it is recommended to contact a qualified reinstatement lawyer who will provide professional legal assistance ( legal advice dismissal , illegal dismissal lawyer ).
Conclusion
Protection of labor rights is an important component of justice in modern society.
Challenging illegal dismissal is an effective means of protecting employees from violations of their rights.
Professional legal assistance and legal advice on dismissal from an attorney can ensure a successful outcome and restoration of justice. Do not hesitate to seek help from qualified legal professionals to protect your interests in court and resume work, a lawyer will help with this.
