The lawyer analyses the grounds and circumstances of the dismissal, analyzes the documents in the client’s possession and makes a legal opinion regarding the possibility of reinstatement at work, The recovery of wages for forced absenteeism and, if there are grounds to apply to the court, the contract for the provision of legal aid is drawn up.
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Publication date: 26.07.2022
Reading time: 7 minutes
Number of views: 21
№
Stage
Term (days)
Cost
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1
Legal conclusion on the situation1 UAH 2,280.00
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2
Preparing case files14 UAH 3,990.00
The lawyer describes the circumstances of the case, makes a legal and regulatory justification, describes the actual court practice and writes a lawsuit declaring the dismissal order unlawful, reinstatement and recovery for forced absenteeism. In the event that the employer has failed to provide a dismissal order and a work book, the lawyer shall file a petition with the court to demand such documents
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3
Receiving court decision180 UAH 5,130.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, in agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment.
The lawyer sends the lawsuit to the court, supervises the judicial process and represents the client’s interests in court during the consideration of the case. The maximum number of visits related to the representation of the client’s interests in court is 5, each subsequent visit is additionally paid. After receiving the decision of the court, the lawyer supervises the sending of the decision to the defendant. In case of failure of the defendant to comply with the decision voluntarily.
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4
Recourse to executive service7 UAH 1,140.00
If the defendant fails to comply voluntarily, the lawyer applies to the Executive Service for the commencement of enforcement proceedings.
In general
202
UAH 12,540.00
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Assistance and advice of a lawyer: dismissal
When an employer wrongfully fires an employee, they risk facing legal action. If the employee proves himself right, then the employer will have to comply with the court decision. In this article, we will tell you how an employee is reinstated and where legal advice on dismissal is provided.
Illegal dismissal: a lawyer and his duties
First, the lawyer meets with a client who, in his opinion, was wrongfully dismissed. The specialist analyzes the reasons and circumstances that caused the company to remove the person from the position. Also, if it is an illegal dismissal, the lawyer examines all the available documents and concludes whether it is possible to return the job. The lawyer prepares his conclusions on the basis of current judicial practice and the legal framework. If there are grounds for going to court, an agreement on the provision of legal assistance is concluded.
Before planning a meeting, the client needs to prepare all possible documents proving his employment at the company and dismissal. Therefore, when planning a legal consultation on dismissal, lawyers are usually asked to bring the following:
● Passport and TIN.
● Dismissal order and employment book, if any.
● Any documents confirming the payment of wages. A statement from the bank card to which payments were received, a certificate from the company about the calculation of salary, a certificate about income, etc. will be suitable.
If reinstatement is really needed, the lawyer at a later stage prepares a statement of claim. In this document, the lawyer describes the circumstances of the case in detail, based on legislation and practice. Also, the application must include a request to the court to declare the dismissal illegal, as well as to ask it to oblige the employer to reinstate the person in the position and collect from him the payment in favor of the plaintiff for the days of forced absenteeism. If the employer does not provide documents on wages, a dismissal order, an employment book, etc., the lawyer has the right to send a petition to the court to demand these or other documents.
Legal advice: dismissal and reinstatement by court decision
In order to legally implement reinstatement, the lawyer, based on the results of the work performed, applies to the court with a ready application. In advance, he checks with the client whether there is an exemption from paying court fees. Further, the specialist is present at court sessions, but only 5 times are included in the indicated price, each subsequent one is paid additionally.
After the court has received a positive decision, the lawyer applies to the enforcement service, but only if the defendant does not intend to voluntarily fulfill his obligations. The lawyer writes a statement on the opening of enforcement proceedings and monitors the process until the employee is fully restored and all payments are made. According to the current legislation, in the absence of its employee, the employer company is obliged to pay the average salary for the specified period, if illegal dismissal has been proven.
Not always, when legal advice is given, dismissal may be the subject of a dispute. The employer can also be prosecuted for illegal transfer to another position. Usually, such appointments are made in favor of the employee. Then he can file a lawsuit in court and, in case of a positive result, receive compensation equal to the difference in wages.
Professional legal advice: dismissal
With the help of our online service, you can find a competent wrongful dismissal lawyer. An experienced lawyer will provide detailed advice and help you solve the problem. To contact the relevant specialist, download the program on the website. Contacts of leading lawyers of Ukraine will be available to you. Through the application, it is possible to get the first interesting information about the situation and then schedule an appointment with a specialist, if necessary.
If you have any difficulties, contact our consultants using the available contacts.
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