Publication date: 11.06.2024
In today's world, many employees face the problem of illegal dismissal during the probationary period. This is the period when the employer assesses the employee's abilities and competence, and the employee checks the working conditions. However, employers often abuse this period, which leads to the violation of workers' rights. In this article, we will look at the main legal aspects of protecting against wrongful dismissal during a probationary period and provide recommendations for legal protection.
Features of the trial period
The trial period is an important element of labor relations. According to the current legislation of Ukraine, this period cannot exceed three months, and for certain categories of employees - six months. During this time, the employee has the same rights and responsibilities as other employees, including the right to pay, social security and protection from discrimination.
Grounds for Dismissal During Probationary Period
According to the legislation, the employer can terminate the employment contract with the employee during the probationary period, if the employee does not correspond to the position held. However, this exemption must be justified and documented. The employer must prove that the employee did not fulfill the requirements established by the employment contract or the job description.
Consultation of a lawyer
If you have been fired while on probation, consulting an attorney is a necessary step to protect your rights. A professional lawyer will help you understand the situation, analyze the documents and provide a legal analysis of the situation. Written advice from a lawyer will allow you to understand whether the dismissal was legal and determine the next steps.
Analysis of documents and legal opinion of the lawyer
One of the key aspects in protecting against illegal dismissal is the verification of documents by a lawyer. Legal documents may contain violations that are not obvious to a layperson. The lawyer will analyze documents such as the hiring order, job description, employment contract, as well as documents confirming the employee's ineligibility for the position. A lawyer's legal opinion will help you determine whether there are grounds for challenging the dismissal in court.
Online lawyer assistance
Modern technologies allow you to get help from a lawyer online. You can contact a lawyer online for prompt consultation and a legal opinion. It is convenient and fast, especially if you do not have the opportunity to personally visit the lawyer's office. An online lawyer will provide you with qualified assistance, which will significantly increase your chances of successfully resolving the dispute.
Challenging dismissal in court
If the analysis of the documents and the legal opinion of the lawyer confirm the illegality of the dismissal, the next step may be to challenge the dismissal in court. Consulting a lawyer will help you prepare the necessary documents and justify your position before the court. An online lawyer can provide recommendations on gathering evidence and drafting a statement of claim. A lawyer's legal opinion will be the basis for successfully defending your rights in court.
Conclusion
Illegal dismissal during the probationary period is a serious violation of the employee's labor rights. Protection against such a dismissal requires the professional assistance of a lawyer who will analyze the documents, provide a legal opinion and help challenge the dismissal in court. Consultation with a lawyer, written advice and the help of a lawyer online are important steps to successfully resolve a dispute and protect your rights. Contacting a professional lawyer guarantees you qualified support and increases the chances of a positive outcome.
