REINSTATEMENT OF CIVIL OFFICERS, PROSECUTORS, POLICE OFFICERS BY COURT DECISION

Although the Code of Labor Laws enshrines the basic rights and obligations of employees and employers in relation to them, unfortunately, no one is immune from wrongful dismissal. In particular, people who work in prestigious positions in government structures, where there is high competition, often suffer from such a problem. For example, this applies to civil servants, prosecutors, police officers. If you were illegally dismissed, you should not put up with this state of affairs. Moreover, professional legal assistance makes it possible to defend one’s rights and interests.

How to appeal a decision on illegal dismissal?

Once you have been served with a copy of the dismissal order, you can apply to the court for:

• resume at work;
• payment for forced absenteeism.

The key is to do it in compliance with the specified deadlines. The legislation of Ukraine provides for a month from the moment of receipt of the mentioned order or order to the submission of the application. Regarding the principle of jurisdiction, it can be a court:

• according to the location of the organization, institution or enterprise;
• at the place of residence or stay of the plaintiff.

If the deadlines were missed for valid reasons, the court can accept such a claim, but it is better to do everything on time so as not to prove the valid reasons. As for the court fee, in this category of cases the plaintiffs are exempted from paying it.

The basis for applying to court and obtaining a positive decision on reinstatement?

Ukrainian legislation provides for the protection of an employee against illegal dismissal. This is stated in Art. 43 of the Constitution of Ukraine. The constitutional norm is disclosed in more detail in Art. 5 of the Labor Code. And Art. 40 of the mentioned Code reminds that it will be illegal to fire a person on the initiative of the employer “just like that”, because there is an exhaustive list of reasons for this.

When there are economic reasons and the layoff is due to downsizing, the layoff procedure must still be followed. The employee must be notified no later than 2 months in advance. But, at the same time, the employer must make efforts to keep the employee at work and, if possible, offer him another position. If this is not possible, severance pay must be paid in connection with dismissal.

Even if an employee is fired due to disciplinary violations, there are still a number of rights that must be respected. For example, dismissal should not be later than within a month from the day the misconduct was discovered.

Therefore, the greatest chances of winning a lawsuit are when:

• the objective reason for dismissal goes beyond the scope of grounds provided for by law;
• even in the presence of a disciplinary violation on the part of the employee, the employer violated the dismissal procedure defined by the law.

A lawyer will help you win such a trial.

Claim for reinstatement

Specialist assistance is provided in several areas:

Consultancy. You receive comprehensive information on what legal levers to use for your protection and to competently defend yourself.

Assistance in drafting a claim and working with the evidence base. In fact, it means legal support of the process of preparing for court.

Representation of interests in court. Such support contributes to the most effective resolution of the case in favor of the plaintiff.

When a person is faced with wrongful dismissal from work, he is often confused and does not know how to act. The usual psychological factor comes into play before a person gathers his strength and develops a strategy for defending his legal rights and interests. Stress and resentment in connection with the injustice experienced leads to the fact that such an employee often initially loses his bearings and does not know how to act. He concentrates on the ingratitude he experienced from the management, but does not understand what to do. And when such a condition seems to be paralyzing, it is the professional lawyer who knows the algorithm of how to act in such a situation in order to defend oneself. And he takes on a key role in this process.

What is the outcome of a successful trial?

When an employee was dismissed illegally, the court won by him ensures the result at once in several aspects:

The employee is reinstated at work. This is especially important for those who, for example, were fired a year or two before retirement. Perhaps a person would not like to return to the workplace where he was treated unfairly, but the understanding that it is necessary to consistently complete an important stage of life prevails.

Reimbursement of earnings. This refers to the average earnings during the period of forced absenteeism.

Compensation for moral damage. If a person has experienced suffering, lost normal life ties and now needs psychological rehabilitation, then it is quite logical to demand compensation from the employer not only for the average earnings as a result of forced absenteeism, but also for moral damages.

In what order is the court decision executed?

When the employee won the court, he should be reinstated. The manager makes a corresponding order about this. The date of renewal is considered to be the date of dismissal, and the basis for renewal is a court decision. It is very important that a person is reinstated at his workplace precisely from this date, and not from the delivery of a court decision. At first glance, this may seem like an insignificant trifle, but in fact it is not, because such questions are important when calculating the length of service.

When an employee is reinstated, there must be an appropriate order and information must be entered in the labor book.

Summing up…

Sometimes liberation becomes a stage for a person to search for new perspectives and opportunities. But not in the case when it was illegal, contradicted real plans and caused a lot of suffering. In such situations, you should contact a qualified lawyer who will help you protect your rights.