Disputes Related to Unlawful Dismissal
Since 2008, the highly qualified specialists of the “First Legal” Law Firm have successfully protected the interests of their clients in various fields, including the protection of the rights of unlawfully dismissed employees. Our Firm’s experts have significant experience in resolving labor disputes in the courts. By choosing us, you are guaranteed to receive the maximum support in defending your violated rights from top-level attorneys.
The right to protection against unlawful dismissal is safeguarded by the Constitution of Ukraine and the Labor Code of Ukraine. Thus, Article 235 of the Labor Code provides that in the event of dismissal without a lawful reason or unlawful transfer to another job, including in connection with reporting a violation of the requirements of the Law of Ukraine “On Preventing Corruption” by another person, the employee must be reinstated by the authority reviewing the labor dispute. Consequently, reinstatement to the former job/position of an unlawfully dismissed or transferred employee is only possible in cases where the employee was dismissed/transferred without lawful grounds or in violation of the norms, procedures, and rules established by legislation for the respective situation. Such a violation usually stems from the text of the relevant order for dismissal/transfer of the employee, which needs to be challenged in court, and a court decision declaring it invalid forms the basis for restoring the employee’s violated rights. A court decision on reinstating an unlawfully dismissed or transferred employee is subject to immediate execution. It should be noted that reinstatement to the previous job does not occur from the date the court issues the decision on such reinstatement but rather from the date of the employee’s dismissal, as that particular dismissal is recognized as unlawful (invalid). A court decision on reinstatement is considered executed from the day the employer issues the relevant order.
According to Article 233 of the Labor Code, an employee may file a claim to resolve a labor dispute directly with a district, city district, city, or city-district court within three months from the day they learned or should have learned about the violation of their rights. In matters of dismissal, the period is one month from the day the copy of the dismissal order is handed over or from the day the employment record is issued.
It is not uncommon for an employer to indicate a reason for dismissal in the dismissal order, and therefore in the employment record, that does not match the actual circumstances. This can negatively affect both the employee’s future job prospects and the possibility of receiving compensation upon dismissal, among other issues.
In a statement of claim requesting a change in the wording of the reason for dismissal, the reason must be stated in exact accordance with the wording of current legislation and with reference to the relevant article (paragraph) of the law, since only such a change in the wording will meet the requirements of Article 235 of the Labor Code.
The service provided by the “First Legal” Law Firm in representing the interests of individuals in the abovementioned disputes includes:
- Legal analysis of all necessary documents provided by the client;
- Preparation of a legal position and its coordination with the client;
- Collection of evidence (including through attorney requests);
- Preparation and filing of the statement of claim in court, assistance with payment of the court fee;
- Consultation on the procedure for enforcing the court’s decision.
By agreement with the client, the “First Legal” Law Firm can also provide professional legal assistance of an attorney during court hearings and in appellate or cassation proceedings.
It is best to address all other nuances of legal regulation of labor disputes, correctly substantiate the cause-and-effect relationship and legal basis for the claims, as well as any claims for additional compensation for moral damages, with the professional legal assistance of the qualified attorneys at the “First Legal” Law Firm.