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An employee who has been illegally forced to terminate employment can defend his rights in several ways. But in any case, you will have to seek justice in court, and here you will need the advice of an experienced lawyer of the MIB firm https://mib.od.ua/our-services/trudovie-spory/nezakonnoe-uvolnenie, where they have rich experience in similar matters.
There are only two basic options:
First, a dismissed employee may require reinstatement under the same conditions. However, this method is rarely used, because few people want to return to work for a dishonest employer.
A much more common practice is to submit an application for compensation for dismissal. When do you have the right to compensation for dismissal?
In principle, compensation is paid to persons who were dismissed illegally or not in accordance with the provisions of the employment contract. An example of such a situation can be non-observance of the notice period arising from the provisions of the labor legislation, or the absence of a reason for the termination of the employment relationship.
What is the compensation amount? Compensation is provided within the following limits:
- lower limit - remuneration for two weeks of work,
- the upper limit - a three-month remuneration, which cannot be lower than the remuneration for the notice period.
Can you apply for severance pay? An employee with whom an employment contract was illegally terminated has the right to file a lawsuit in a labor dispute court. The deadline for submitting an application for compensation is 14 days after dismissal. Consideration of the application and clarification of the circumstances related to the dismissal of the employee claiming compensation lasts three months. If the application is not considered or rejected after the expiration of this period, you can resume the court proceedings.
What if the court does not award compensation?
You can appeal against an unfavorable court decision. If the labor court again rejects the application, it is necessary to transfer the case to the Tribunal, which has one hour to consider the application. It should be emphasized that the costs associated with this procedure are borne by the dismissed employee who files the claim. It is worth taking this into account, since it may turn out that even if compensation is awarded, it may be lower than legal costs and processing.
