Branches of law

Illegal dismissal

Ukrainian legislation provides for a wide range of actions for a former employee in case of illegal dismissal.

There are two ways to resolve labor disputes — in pre-trial and in court. As for the judicial review of labor disputes, any person who believes that his rights have been violated can file a claim for violation of labor rights.

The right to appeal to the court to resolve labor disputes is provided for by the Constitution of Ukraine. Thus, according to Article 124 of the Constitution, citizens (employees) who believe that their labor rights have been violated can apply directly to the court for consideration of an individual labor dispute, regardless of whether their labor disputes are considered by the labor disputes commission.

Within one month from the date of delivery of a copy of the order on dismissal or from the date of issue of the employment record, a person has the right to apply to the court to appeal against his dismissal.

If you were illegally dismissed from work, you have the right to file a claim to the court for reinstatement at work and payment of the average monthly salary for the entire time of leave of absence.

To prepare a statement of claim to the court, you should determine:

– what specific violation was the reason for the dismissal;

– whether it could be the basis for the termination of the employment contract;

– whether disciplinary penalties were applied earlier for a similar violation;

– whether the degree of severity of the violation committed and the damage caused, the circumstances under which the violation was committed, and the experience of previous work were taken into account during the dismissal;

– whether the deadline for payment of wages during dismissal is not violated;

– whether the work record is issued on time and properly executed.

It is impossible to dismiss an employee during the period of temporary disability or during his leave of absence.

The dismissal of an employee is reported by an order, this order must be signed by the employee.

The employment record must be duly issued not later than the next day after the dismissal.

For a gross violation of labor legislation, criminal liability can be applied to the employer. In particular, article 172 of the Criminal Code of Ukraine provides for criminal liability for illegal dismissal of an employee from work for personal reasons, as well as for other gross violations of labor legislation.

When an employee is dismissed, all amounts due to him from the employer are paid on the day of dismissal. This procedure is defined by Article 116 of the Labor Code.

The last day of work is considered to be the day of dismissal. On this day, the employee must be given a salary, including remuneration for the last day of work, as well as compensation for unused vacation days.

ADVA specialists will not only consult and study the whole situation, but also find out the legality of the dismissal and the actions of the employer, choose a strategy for protecting the rights of an illegally dismissed employee, prepare the necessary documents for appealing such an illegal dismissal.

Initial legal consultation (up to 20 minutes)
150 ₴
Legal analysis of the situation and oral consultation
400 ₴
Negotiations in the interests of the client
350 ₴
Legal analysis of the situation and written consultation
300 ₴
Draft of a document
700 ₴
Action plan in the certain situation
1000 ₴
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