In what circumstances can an unlawful dismissal be appealed in Ukraine?

Under the Labour Code of Ukraine, there are a number of grounds on which an employer may dismiss an employee on their own initiative. All other cases are unlawful, and the employee has the right to challenge an unlawful dismissal in court. If the employer’s unlawful actions are proven, the employee may be reinstated. However, this applies only to employees who are officially employed.

Violations of an employee’s rights upon dismissal

Many employees put up with injustice and agree to dismissal by mutual consent, which does not exist. If you have signed a document containing this option for dismissal, it will be more difficult or even impossible to challenge it in court.

Reasons why an employer has no right to dismiss you:

• not provided for by law;
• citing reasons that did not actually occur;
• without documentary evidence of disciplinary offences or breaches of employment duties (absenteeism, theft, being at the workplace whilst intoxicated, etc.);
• without notifying the employee in the prescribed manner of the procedure for staff reductions or the liquidation of the enterprise;
• on the grounds of staff reductions that did not take place;
• on the grounds of unsuitability for the post, but without conducting a proper appraisal of the employee;
• on the grounds of unsuitability due to medical reasons without conducting a full medical examination;
• during leave or a long-term sick leave;
• without providing the employee with a copy of the dismissal order;
• under the law, it is prohibited to dismiss pregnant women, those with children under three or six years of age, single mothers with a child under fourteen years of age or a child with a disability.

If you have been unfairly dismissed, contact Svarog! We will stand by your side and help you resolve the case in your favour through the courts!