ILLEGAL DISMISSAL
APPEALS ORDERS IN COURT
Article 43 of the Constitution of Ukraine enshrines the right of every citizen to work, ie the opportunity to earn a living by work that he freely chooses. At the same time, the right to work includes, in particular, the protection of citizens from cases of illegal dismissal.
How to protect yourself from illegal dismissal? How to act and where to turn when fired?
The best way to protect your employment rights is to file a lawsuit in an administrative court.
In this way, it is possible not only to obtain the recognition of the dismissal order as illegal, but also to return to office and recover the average salary for the entire period of forced absence.
If there are no grounds for dismissal:
The Labor Code clearly stipulates that the grounds for dismissal (termination of an employment contract at the initiative of the employer) may be only in the case of:
changes in the organization of production and labor, including liquidation, reorganization, bankruptcy or reorganization of the enterprise, institution, organization, reduction of the number or staff;
detection of incompatibility of the employee with the position or work performed due to insufficient qualifications or health conditions that prevent the continuation of this work, as well as in case of revocation of access to state secrets, if the performance of his duties requires access to state secrets;
systematic non-fulfillment by the employee without good reasons of the obligations imposed on him by the employment contract or the rules of internal labor regulations, if the employee has previously been subject to disciplinary or community sanctions;
absenteeism (including absence from work for more than three hours during the working day) without good reason;
non-appearance for work for more than four months in a row due to temporary incapacity for work, not counting maternity leave, unless the legislation establishes a longer period of retention of employment (position) for a particular disease. For employees who have lost their ability to work due to an occupational injury or disease, the place of work (position) is retained until recovery or disability;
reinstatement of an employee who previously performed this work;
appearance at work in a state of intoxication, in a state of narcotic or toxic intoxication;
committing theft (including petty) of the owner's property at the place of work, established by a court judgment that has entered into force, or by a resolution of a body whose competence includes the imposition of an administrative penalty or the application of measures of public influence.
If the dismissal procedure is violated:
The legislation provides for special procedures for each of the grounds for dismissal of an employee, compliance with which is mandatory.
In some cases, the dismissed are provided with severance pay, in other cases - a notice of dismissal is required for 2 months, in others - with a preliminary procedure for obtaining explanations about the reasons for the offense (in particular, in case of non-performance of duties).
If there are special circumstances:
Yes, an employee cannot be dismissed under any circumstances if:
the employee is a pregnant woman, or a mother with children under 3 years, or a single mother with children under 14 years
the employee is a minor
the employee is a member of the elected body of the trade union (if there is no consent of the highest trade union body of the enterprise)
The proper way to protect the rights of employees depends on the specific circumstances of the situation and the contested order itself. In case of doubt - we advise you to seek advice and legal assistance from the specialists of our Podolsk Legal Center.
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