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Publication date: 14.04.2024
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In Ukraine, the procedure for reinstatement due to illegal dismissal is regulated by labor legislation.
This is a list of grounds for terminating an employment contract in Ukraine, which are provided for by the Labor Code of Ukraine. Here is their brief description:
Agreement of the parties: Both parties (employee and employer) can agree to terminate the employment contract by mutual consent.
Expiration of the term: If the employment contract is concluded for a certain period, it is terminated automatically after the expiration of this period.
Draft for military service: An employee may be dismissed by the employer if he has been drafted for military or alternative (non-military) service. If the employee was called up for military service or alternative (non-military) service, but he retains his place of work and position, the employment contract is not terminated in this case. This ensures that the employee retains his place of work and his rights to it during his absence due to conscription for military or alternative service.
Termination of the employment contract at the initiative of the employee or the employer: Can be initiated by one of the parties to the employment contract.
Transfer of the employee: With the consent of the employee, he can be transferred to another workplace or to another enterprise.
Rejection of transfer: If the employee refuses to be transferred to another workplace, he can be fired.
Court verdict: If the employee has been sentenced to punishment, he can be fired from his job.Other reasons: Such as violation of the legislation on the prevention of corruption, cleansing of the authorities, a court decision to recognize assets as unsubstantiated, death or unknown absence of the parties to the employment contract, etc.
Grounds provided by other laws: This includes any other grounds that may be provided by other regulations.
If you are looking for legal advice regarding your redundancy situation, a redundancy lawyer's advice, here are some key aspects to consider:
Grounds for dismissal: The legislation of Ukraine defines certain grounds for dismissal of employees, such as violation of labor duties, exceeding the probationary period or the decision to dismiss at the initiative of the employee, etc. It is important to check that your dismissal has been carried out in accordance with these legal requirements.
Termination Procedure: An employer must follow certain procedures when terminating an employee, including providing written notice of termination in advance. Failure to follow these procedures may indicate wrongful dismissal.
Evidence and justification: If you believe that your dismissal was unlawful, it is important to have evidence to support your position. This may include written documents, electronic communications, witness statements, etc.
Filing a grievance and legal defense: If you have reason to believe that your dismissal was unlawful, you may be able to file a legal claim for reinstatement or damages.
Filing a lawsuit for illegal dismissal in Ukraine is one of the possible ways to protect your right to work.Here are some key steps to consider in this process:
Preparing a statement of claim: You need to prepare a statement of claim in which you set out the factual and legal grounds for your claim.
Justification of the grounds for the claim: In the claim statement, you must specify the grounds, in particular, the violation of the labor law or the terms of the employment contract, which you consider illegal.
Gather Evidence: It is important to have documents to support your position, such as copies of employment contracts, written notices of resignation, emails, witness statements, etc.
Filing a claim in court: After preparing a claim statement and collecting the necessary documents, you can file a claim in the local court of your place of residence or work.
Attending a hearing: After filing a lawsuit, you may be required to attend a hearing where you can present your case and evidence.
Court decision: The court will review your claim and decide whether to accept or reject it. If the court accepts your wrongful dismissal claim, it may order reinstatement and/or damages.
Appeal: If you are not satisfied with the court's decision, you can appeal to a higher court.
It is important to keep in mind that this is only a general description of the process of filing a wrongful dismissal lawsuit. The specific steps and procedures may vary depending on the circumstances of your case, so it is recommended that you consult a qualified employment lawyer for detailed advice and support in this process.
Contact a qualified lawyer or attorney who specializes in labor law in Ukraine, legal advice on dismissal, for detailed advice and support in your case. He will be able to provide you with an individual consultation, assess your situation and give advice on further actions.
Being made redundant can be a difficult situation and it is important to have professional legal advice to understand your rights and options. Here are some key points to consider when consulting with a lawyer about your severance:
Document review: A reinstatement lawyer will help you review all documents related to your termination, such as employment contracts, written notices of termination, compensation information, etc., to determine their legality and compliance with procedures.
Evaluation of grounds for dismissal: It is important to find out whether your dismissal was justified from a legal point of view. A lawyer can help you determine whether the legal grounds for dismissal were met under applicable law.Remedies: After analyzing the situation, the lawyer will be able to advise you on possible avenues of redress, such as negotiations with the employer, filing a complaint with the relevant authorities or initiating a legal action.
Indemnification and compensation: A lawyer, illegal dismissal lawyer, can help you determine whether you are entitled to any indemnification or compensation for your dismissal, such as compensation for unfair dismissal or unused benefits.
Other aspects: Legal severance advice, legal advice dismissal, your lawyer can also advise you on other issues related to your severance, such as retirement, keeping health insurance, etc.
Do not hesitate to contact a qualified lawyer or attorney specializing in employment law for detailed advice and support in your case. They will help you understand your rights and protect your interests in this difficult situation.
