Workers have the right to protection from unlawful dismissal, which is guaranteed by current labor legislation. Contacting the law firm Prikhodko&Partners on this issue becomes a good option for both the employer and the employee. An employer that complies with legal norms protects itself from negative legal consequences in the form of sanctions from regulatory authorities. And an employee who knows the specifics of the current legislation knows how to protect himself and not become a hostage to someone else’s arbitrariness.
It can be difficult to figure out this issue on your own, so for this there are consultations from specialists. We conduct them in a format convenient for clients – both in person and remotely. In the meantime, let’s touch on the topic in more detail.
What is meant by illegal dismissal?
Therefore, a dismissal that is considered illegal meets one or more of the following criteria:
- The person was fired without legal grounds. An exhaustive list of grounds is provided for by the current Labor Code of Ukraine. These rules of law should always be in your focus.
- The dismissal occurred in violation of the procedure established by law. Compliance with the dismissal procedure is very important. Even if the employee did not perform his duties conscientiously enough or created another reason for which he was dismissed from work, this does not negate the fact that his rights upon dismissal must be respected. Failure to understand this fact often turns into a weak point in the actions of employers.
- There has been a dismissal of a person who is prohibited from dismissal. This applies to pregnant women, people who are raising a child on their own, and workers during their temporary disability. For example, a person cannot be fired when he is on sick leave.
Dismissal can be carried out at the initiative of the employer, at the employee’s own request and with the consent of the parties. Situations often arise when it comes to reducing the number of employees. Such cases are also entirely within the law, if the procedure is followed.
How to defend your rights in case of illegal dismissal?
If you are an employee and your situation falls within the description of illegal dismissal, you should contact the specialists working at the Prikhodko&Partners law office. The field of labor law is a key specialization within our activities, so the team of the law office will be happy to help you achieve the truth and protect your legitimate interests.
Let’s talk in more detail about the prospects for considering such a case. If you need to appeal against illegal dismissal, we draw up a competent claim with clearly defined claims and guide you on what evidence you should collect and provide to support your case. As a rule, there is nothing complicated here for the client, because in most cases he has all the documents related to the dismissal in his hands.
Sometimes people give up on the idea of standing up for themselves and start looking for another job. It’s natural to want to avoid returning to a workplace where you were treated unfairly. However, you should be aware of your right to compensation. Thus, an illegally dismissed employee receives an average monthly salary for the entire time the case is being considered in court. So is it advisable to abandon this case?
What else does an employee need to know about illegal dismissal?
When you become a victim of illegal dismissal, you need to understand that such a situation is a gross violation of current legislation. Therefore, you can defend your rights, including by contacting the National Police. This crime and liability are described in detail in Article 172 of the Criminal Code of Ukraine.
What should an employer know about this topic?
If you are an employer and do not want the hassle of firing employees, you need to comply with legal regulations during dismissal. If you act this way, then the employee has no grounds to appeal your actions. Sometimes this can be difficult from a psychological point of view when it comes to someone who has caused damage to the company, did not do their job conscientiously and, moreover, may have behaved unethically. However, in such situations one should act based on reason and legal expediency, and not on emotions. Competent legal support in these matters will help you.
Finally, it is worth mentioning modern technologies that can be used to properly notify the employee. For example, this is digital signature and email. A sent and well-formatted letter is proof that you followed the prescribed procedure.
If you have a need for legal advice or representation in such matters, please contact the team of the Prikhodko&Partners law office. Fill out the form below to calculate the cost of legal assistance in case of illegal dismissal from work and our lawyer will contact you to assess and analyze your situation.