Publication date: 07.05.2024
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Unlawful dismissal can have serious consequences for the employer and violates the employee's rights. Ukrainian legislation establishes specific cases when an employer can dismiss an employee, as well as the procedures to be followed in such cases. Here are some key points:
1. Grounds for dismissal: The law defines certain grounds on which an employee can be dismissed, such as violation of labor duties, failure of the employee to fulfill his duties, systematic violation of labor discipline, difficult financial situation of the enterprise, etc.
2. Dismissal procedures: The employer must follow the procedures established by law when dismissing an employee, in particular, notify the employee of the grounds for dismissal in writing, give him the opportunity to express his position, observe the notice periods, etc.
3. Violation of the employee's rights: If the employer dismisses the employee without legal grounds or without following established procedures, the employee has the right to challenge such a decision in court and claim damages.
Damages: In the case of wrongful dismissal of an employee, the court may award damages, including compensation for wages for forced unemployment, moral damages, loss of social security, etc.
Thus, the dismissal of an employee without legal grounds is a serious violation of the law and may have negative consequences for the employer.
In case of illegal dismissal of an employee, it is important to pay attention to several key aspects:
1.Reason for dismissal: Analyze whether there are legal grounds for your dismissal. The grounds for dismissing an employee are defined by legislation (Articles 36, 40, 41 of the Labor Code), and your dismissal must be based on one of these grounds. If the reason for dismissal does not comply with the law, it may be an illegal dismissal.
2. Complying with termination procedures: Make sure your employer has followed all established termination procedures. For example, in the case of a mass layoff, the employer must notify the state employment service of the planned layoff no later than 2 months before the layoff date (according to Article 50 of the Law of Ukraine "On Population Employment").
3. Inadmissibility of dismissal in certain circumstances: Check whether there are circumstances where dismissal is inadmissible. For example, according to Article 185 of the Labor Code, it is prohibited to dismiss an employee during pregnancy, during parental leave, etc.
If you believe that your dismissal was unlawful, you are advised to seek the assistance of a qualified solicitor or solicitor who specializes in employment law. He will be able to provide you with legal advice, help assess the situation and determine further actions to protect your rights.
If you decide to seek reinstatement through the courts, here are some steps that can help you through the process:
1. Consult a lawyer: Before filing a lawsuit, it is important to seek the advice of a qualified lawyer specializing in employment law.A lawyer will help you assess your situation, determine the chances of success in court and develop a strategy of action.
2. Preparation of the case: Together with your lawyer, prepare all the necessary documentation for filing a lawsuit in court. This may include your dismissal documents, any written communications with your employer, witness statements and any other information that proves your dismissal was unlawful.
3. Filing a lawsuit: With the help of your lawyer, file a lawsuit in court. In the lawsuit, you must specify all the circumstances of your dismissal, arguments confirming its illegality, as well as demands for your reinstatement and compensation for damages.
4. Participating in a lawsuit: Once you file a lawsuit, you will have to participate in a lawsuit. You or your lawyer will represent your interests in court, the employer's lawyer will defend his interests.
5. Court decision: After hearing the evidence, the court will make a decision regarding your reinstatement. If the court finds that your dismissal was unlawful, it can order your reinstatement and damages.
6. Compliance with court order: If a court order orders you to be reinstated, the employer will have to comply with the court order. If you encounter any problems in complying with the court order, again contact your lawyer for advice and support.
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