Publication date: 17.04.2024
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The Code of Labor Laws of Ukraine establishes rules and procedures for the dismissal of employees, as well as defines the rights of employees in the event of illegal dismissal.
Here are some key points to consider in case of suspected illegal dismissal in Ukraine:
Legality of dismissal: According to Ukrainian legislation, dismissal of an employee can be carried out only in cases provided for by law, such as violation of labor duties, reorganization of the enterprise, etc.
Notice and relevant procedures: Dismissal must be carried out in accordance with established procedures, including notifying the employee of his dismissal and taking into account legal notice periods.
Protection of the employee's rights: If the employee believes that his dismissal was illegal, he can apply to the court or other relevant authorities to protect his rights. The court may declare the dismissal illegal and issue a decision on reinstatement or compensation.
The main ways of resolving labor disputes are pre-trial and judicial methods.
Pre-trial method of resolution: This method provides for settlement of the dispute without going to court. It may include negotiations between the parties. The advantages of this approach include speed and cost, as well as the possibility of reaching a compromise that satisfies both parties.
Judicial way of resolution: If pre-trial efforts do not lead to an agreement, the employee can file a judicial complaint. This means resolving the dispute through the court system. The court will consider the evidence, hear the arguments of both sides and make a decision. If the court sides with the employee, it may order compensation, reinstatement, or other legal consequences for the employer.
Both methods have their advantages and disadvantages, and the choice of a particular method depends on the circumstances of the particular case. It is important to keep in mind that for a successful resolution of a labor dispute, regardless of the chosen path, it is important to have an appropriate evidence base and legal support, legal advice dismissal.
The appeals process may vary depending on the jurisdiction and the circumstances of your dismissal. However, the general process usually includes the following steps:
Case preparation: Your lawyer will help you gather all the necessary documentation that proves the illegality of your dismissal, such as the employment contract, letters, e-mails, etc., legal advice on dismissal.
Filing a Complaint: Your attorney will file a complaint with the court on your behalf, setting out all the facts and legal arguments that support your position.
Court hearing: After the complaint is filed, the court will hear your case. You and your attorney will have the opportunity to present your arguments and evidence in court.
Court decision: The court will rule on your case based on the evidence presented and the law. If the court finds in your favor, there may be an order for compensation, reinstatement or other legal consequences for the employer.
It is important to bear in mind that the process can be complex and take some time, so it is important to get professional legal support and follow all the requirements of the procedure, an illegal dismissal lawyer will provide legal assistance, reinstatement lawyer.
