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Reinstatement of an employee to work by court decision
Reinstatement through the court is possible in the event that the employee’s dismissal was unlawful. Judicial practice is strict towards employers who violate the procedure for terminating an employment contract with an employee, as defined in the Labor Code of Ukraine (hereinafter referred to as the Labor Code). Therefore, according to Article 235 of the said Code, a court decision on reinstatement is subject to immediate execution. At the same time, the state enforcement service imposes fines for failure to comply with the court decision. More details on this are in the article below.
Reinstatement of an employee: when is it allowed?
According to current legal practice, reinstatement in this way is allowed in the following cases:
- terminating an employment contract with an employee without legal grounds;
- procedural violations during staff reduction;
- violation of the legal procedure for dismissing an employee.
When is an employee considered illegally dismissed?

If the employer has terminated the employment relationship with an employee in violation of the Labor Code, this is a gross violation of the law. Below are the main scenarios in which the dismissal of an employee is considered illegal:
- lack of legal grounds (in accordance with Articles 40 and 41 of the Labor Code);
- failure to comply with the deadlines for warning about dismissal;
- dismissal of privileged categories of the population without proper grounds (pregnant women, mothers with children under 3 years old);
- termination of the employment contract with an employee without obtaining the consent of the trade union (if required).
How to obtain a court decision on reinstatement of an employee?
Obtaining a court decision will be subject to the preparation of a high-quality statement of claim, compliance with the deadlines for its submission and preparation of the necessary documents as an evidentiary basis. A detailed algorithm of actions for obtaining a court decision and its further execution will look like this:
- obtaining an order from the employer to terminate the employment contract with the employee;
- filing a statement of claim with a local court;
- obtaining a court decision;
- ordering the decision to be enforced through the bailiff service (if necessary);
- presenting the decision to the employer;
- monitoring the implementation of the court’s requirements, in particular regarding the cancellation of the previous dismissal order, providing a job, calculating the employee’s average earnings for forced absenteeism, and awarding compensation (for untimely accrual of payment).
Within what period should a statement of claim be filed?
A dispute in court regarding reinstatement of employment may be considered if no more than 1 month has passed since the date of delivery of a copy of the dismissal order. At the same time, a claim for the recovery of wages for forced absenteeism due to this can also be filed within 3 months. To learn more, we suggest additionally ordering a consultation with our lawyer.
What documents do you need to prepare?
For a successful start of the case in court, in addition to a statement of claim that meets the requirements of the Civil Code of Ukraine, a person needs to submit annexes to it, including copies of:
- the plaintiff’s passport and tax number;
- work book and employment contract (if necessary);
- an order (order) on dismissal from the employer;
- a certificate of income for the last 2 months of work (for calculating average earnings), etc.
What actions does the employer take in the event of a decision to reinstate an employee?
In 2026, the reinstatement procedure provides that the employer is obliged to act immediately upon receipt of the court decision. Accordingly, his actions will be as follows:
- step one – issuing an order and canceling the previous one;
- step two – communicating with the employee (via email or messengers);
- step three – making a corresponding entry in the work book and personal card;
- step four – adjusting the timesheet and establishing forced absenteeism by the employee;
- step five – financial settlements with the person and adjusting the reporting at the enterprise.
Reinstatement of an employee to work by court decision: what support does a lawyer provide?
Legal support in cases of reinstatement is a multi-stage process, which in 2026 requires not only knowledge of current national legislation, but also current judicial practice. Qualified lawyers of our company “Prikhodko & Partners” provide a full cycle of this process – from the moment of dismissal to the actual return to work. Their main services include:
- legal audit of termination of an employment contract with an employee (verification of the legality of such actions);
- submission of lawyer requests (to request documents from the employer);
- development and submission of a statement of claim (for reinstatement, recovery of average earnings and compensation for moral damage, if necessary);
- representation of the client’s interests in court;
- appeal of the decision of the court of first instance (if relevant);
- support for the enforcement of a court decision through the Internal Affairs Directorate;
- other relevant legal services.
Don’t waste time: order a consultation and find out the cost of supporting the reinstatement of an employee at work by court decision from our company by filling out the form below.
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