What is the criminal liability for illegal dismissal?

Dismissal is a complex process regulated by the Labor Code of Ukraine. It clearly spells out the grounds and procedure for dismissal, which the employer must follow.

What exactly can criminal liability be for dismissal from work?

Illegal dismissal is the dismissal of an employee from work in violation of the Labor Code.

In some cases, illegal dismissal may entail criminal liability for the employer. Article 172 of the Criminal Code of Ukraine (CPC of Ukraine) specifies that persons who:

1. The employee was fired for illegal reasons, such as political, religious, racial or other personal reasons.
2. An employee who reported a corruption offense was fired.
3. Committed other gross violations of labor legislation, for example, fired an employee without proper documentation, did not pay him the proper salary or compensation.

Criminal liability for illegal dismissal arises regardless of whether it was carried out by a verbal or written order, with or without the employee's consent.

Sanctions for illegal dismissal

• A fine from UAH 850 to UAH 34,000.
• Prohibition of holding certain positions or engaging in certain activities for a period of up to 3 years.
• Correctional work for a term of up to 2 years or punishment in the form of imprisonment for a term of up to 3 years.

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Who exactly can prosecute for wrongful dismissal?

1. An employee who has been illegally dismissed may apply to the court for reinstatement and recovery of wages for the period of forced absenteeism.
2. The prosecutor's office can initiate criminal proceedings at the employee's request or on its own initiative.
3. The State Labor Service can conduct an investigation on the fact of illegal dismissal and draw up a report on an administrative offense.

How to protect yourself from illegal dismissal?

1. Collect evidence of wrongful dismissal, for example, copies of documents, recordings of conversations, statements of witnesses.
2. Seek the help of an experienced lawyer who knows labor law well.

Remember: illegal dismissal is a serious violation of the law, for which the employer may be held criminally liable.

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Why is it important to contact our company if you have been illegally fired?

There are several reasons why you should contact our company if you have encountered an illegal dismissal:

1. Experience and knowledge. Our experts have many years of experience in cases of illegal dismissal. We know all the ins and outs of labor law and can help you protect your rights.
2. Individual approach. We understand that every wrongful dismissal case is unique. We will carefully study your situation and develop an individual protection strategy for you.
3. Comprehensive protection. We provide a wide range of legal services. We can help you:

• File a lawsuit in court.
• Gather evidence of illegal dismissal.
• Represent you in court.
• To negotiate with the employer about the payment of compensation.
• Appeal the court decision.

4. Confidence in the result. We have a high success rate in wrongful dismissal cases. We are confident that we can help you get justice.

By contacting our law firm, you can be sure that you will receive qualified legal assistance and protection of your rights.

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