Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Appealing against unlawful dismissal
Unlawful dismissal is one of the most serious violations of labor rights. Let’s figure out what to do if you believe you have been unfairly dismissed, and how to defend your rights.
When is a dismissal considered illegal?
Dismissal may be deemed unlawful in the following cases:
- Dismissal for reasons not provided for by law
- Violation of the established dismissal procedure
- Dismissal during a period of temporary incapacity for work or vacation
- Dismissal of privileged categories of employees (pregnant women, single mothers, etc.)
- Dismissal without proper justification and documentary confirmation
What to do if you have been illegally fired?

- Immediately collect the following documents:
- Copy of the dismissal order
- Workbook
- Copies of previous orders on promotion or fines
- Evidence of violations by the employer
- Medical documents (if the dismissal occurred during sick leave)
- Documents on special status (pregnancy, presence of children under 3 years old, etc.)
- Contact an employment law attorney to assess the prospects of the case.
- File a lawsuit in court at the location:
- Finding an employer
- Or your place of residence
To appeal an unlawful dismissal, you have only one month from the date of delivery of a copy of the dismissal order or from the date of issuance of the employment record book. Missing this deadline may be grounds for dismissal of the claim, even if the dismissal was indeed unlawful. Therefore, you need to act quickly.
Features during martial law
During martial law, special labor law provisions apply:
- The employer has the right to terminate the employment contract in connection with the conduct of hostilities
- At the same time, he must pay severance pay
- It is forbidden to dismiss mobilized employees
- Special guarantees apply to internally displaced persons
What can you expect if the court makes a positive decision?
If you win the case, you have the right to:
- Reinstatement
- Payment for the entire period of forced absence
- Compensation for moral damage
- Inclusion of the period of forced absence in the length of service
- Entitlement to vacation for this period
Practical advice on appealing against unlawful dismissal
- Do not sign dismissal documents without understanding the situation
- Require written explanations of the reasons for dismissal
- Record all violations by the employer
- Keep all work-related documentation
- Do not miss the deadline for filing a lawsuit
- If possible, find witnesses to violations of your rights
Calculate the cost of legal assistance
Preventive measures regarding unlawful dismissal
To minimize the risks of illegal dismissal:
- Keep copies of all important documents
- Keep a work diary
- Record all violations of labor rights
- Learn your rights and obligations
- Know the contacts of an experienced labor lawyer
Remember: qualified legal assistance significantly increases the chances of successfully appealing an unlawful dismissal and reinstatement. If you need legal advice on unlawful dismissal during martial law or in general – fill out the form below to consult with a lawyer.
Calculate the cost of services
1 question
Has it been more than 2 weeks since you were fired?
2 question
Did you receive an official dismissal order?
3 question
Were you on sick leave or vacation at the time of your dismissal?
In which regions of Ukraine do you work?
With its head office in Kyiv, the law firm “Prykhodko and Partners” successfully operates online throughout Ukraine.
What areas of law does your company work in?
The company “Prikhodko and Partners” unites more than 50 highly qualified specialists, which allows us to effectively solve almost any legal problems and provide comprehensive support in various areas of law.
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