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

Consult with a specialist

What to do if you have been illegally fired?

1. 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.)
2. Contact an employment law attorney to assess the prospects of the case.
3. 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

Consult a lawyer

What can you expect if the court makes a positive decision?

If you win the case, you have the right to:

1. Reinstatement
2. Payment for the entire period of forced absence
3. Compensation for moral damage
4. Inclusion of the period of forced absence in the length of service
5. 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

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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.