HOW TO PROTECT YOURSELF FROM ILLEGAL FIRING?

How can an employee protect himself from illegal dismissal. First, the employee must know about the procedure and grounds for termination of employment, as well as know their rights. If the employer has notified you of the dismissal, it is necessary to determine whether you agree or not.

 If you do not agree to the dismissal and are ready to defend the right to work, then you need to do the following. Do not sign any applications for dismissal of your own volition or with the consent of the parties. Be aware that your employer may dismiss you without your consent only on clearly stated grounds. However, quarantine is not such a ground, and therefore the employer can not refer to the quarantine upon dismissal.

 One of the most common grounds for dismissal at the initiative of the employer is the so-called reduction of staff, liquidation or reorganization of the enterprise, institution, organization. In the event that due to quarantine restrictions there is a reduction in production and there is a need to reduce staff, the employer may reduce staff and dismiss employees under the Labor Code of Ukraine. However, the employer must follow the proper procedure for such dismissal, which is as follows.

•  First, the employer issues an order for changes in the organization of production and staff reductions.
• Second, employees who are to be dismissed must be given written notice of such dismissal no later than two months in advance. That is, from the date of notification of such dismissal, the employee has the right to work for another 2 months and receive full pay.
•  Third, when dismissed due to redundancy, the employer must take into account the preemptive right to leave the job provided by law (Article 42 of the Labor Code of Ukraine). Simultaneously with the notice of dismissal due to changes in the organization of production and labor, the employer is obliged to offer the employee another job at the same enterprise, in the institution of the organization, except as provided by the code. That is, if there are vacancies in the company that can be filled by an employee, the employer is obliged to offer them to the employee whom he plans to dismiss due to redundancy.
•  Fourth, if the employee is a member of a trade union, he can be dismissed only with the prior consent of the trade union operating in the enterprise.
•  Fifth, in the event of a redundancy due to redundancies, the employer must pay the appropriate benefit to the employee in the amount of not less than the average monthly salary and pay the full payment on the day of dismissal.

 Failure to comply with this procedure is grounds for going to court to protect one's rights, including reinstatement in connection with illegal dismissal, and payment of the average wage during the forced absence. Contact professionals for effective protection of rights.