Dismissal by court

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An Iryna

Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

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Dismissal by court

The institution of dismissal through the court is an important element of the legal protection of workers and the regulation of labor relations. Situations leading to termination of an employment contract due to a court decision require careful study and a deep understanding of the legal aspects. In this context, a detailed consideration of the grounds for dismissal through the court is necessary so that employees and employers can know their rights and obligations under labor law. This article will explore the various scenarios and grounds that may be considered valid by the courts for judicial dismissal, as well as the important aspects of this legal process.

Dismissal process through court

Entering into an employment contract creates legal obligations for both the worker and the employer. If the employer violates these conditions or the rights of the employee, the latter has the right to go to court to protect his interests.

The process of dismissal through court includes several stages:

  1. Preliminary actions. Before filing a lawsuit, it is important to gather all the necessary documentation and evidence to prove that the employer violated the terms of the contract or the employee’s rights.
  2. Filing a claim. To initiate a lawsuit, it is necessary to file a claim in the appropriate court, indicating all the circumstances of the case and demanding appropriate measures.
  3. Trial. After filing a claim, a court hearing takes place where both parties can present their arguments and evidence. The court decides the case based on the law and the facts presented.
  4. The court’s decision. The court makes a decision, which may include termination of the employment contract, damages or other appropriate measures in accordance with the law.

Grounds for dismissal through court

The dismissal of an employee through the court may have various grounds, which are recognized by the court as legal and justified. These grounds may include, but are not limited to:

Failure to comply with the conditions of dismissal at the request of the employee.

  • One of the reasons for filing a claim for dismissal may be the employer’s failure to comply with the conditions associated with the employee’s statement of desire to resign. According to the labor legislation of Ukraine, the employer must dismiss the employee within 14 days of receiving a written resignation letter or, if the application specifies a different date, no later than that date. If the employer does not comply with these conditions, the employee has the right to go to court to declare illegal detention at work and extortion to do this in accordance with the current legislation of Ukraine.

Dismissal of the head of a legal entity in the absence of approval or failure to elect a new director.

  • If the head of a legal entity (director) wants to resign, and the owners of the enterprise do not hold a meeting to elect a new director, this may serve as grounds for going to court. The owners must appoint a new head of the company if he wants to resign according to Ukrainian law. Owners do not have the right to prevent dismissal from office by absence of a meeting or other measures. However, this may also depend on the conditions specified in the company’s articles of association and other governing documents.

In both cases, to protect their interests, the employee must obtain legal advice and, if necessary, apply to the court to declare the obstruction of dismissal unlawful.

Judicial dismissal is a serious matter and the judicial dismissal process must be fair and take into account all the circumstances of the individual case.

 

How lawyers can help you

A professional lawyer with experience in employment law cases can provide advice on your specific case, help prepare the necessary documentation, represent you in court and protect your rights and interests.

Dismissal through the courts is a serious step and it is important to have professional support to effectively protect your rights. Our team of lawyers with extensive experience in the field of labor law is ready to provide qualified assistance in this difficult situation.

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Если вы оказались в ситуации, когда ваши права нарушены или вы сталкиваетесь с проблемным увольнением, не стесняйтесь обращаться к нам. Наша компетентная команда юристов готова помочь вам в отстаивании вашего права на справедливость и надлежащие условия труда. Мы являемся экспертами в трудовом законодательстве и сможем эффективно помочь вам. Полагаем, что каждый работодатель должен действовать в соответствии с законодательством и максимально прозрачным. Поможем восстановить справедливость по отношению к вам.

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An Iryna
Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

Contact now

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