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Messenger Claim for Reinstatement to Work Kyiv
Cases of unlawful dismissal of an employee are by no means uncommon in our country. As case law shows, reinstatement at work can occur even with the slightest formal error in the documents made by the employer.
According to the Labor Code (Art. 40), an employer may, on his own initiative, dismiss an employee in the following cases:
- the subordinate’s unsuitability for the position held (due to insufficient qualifications or health reasons);
- during reorganization or liquidation of the enterprise;
- unauthorized absence from work;
- failure of the employee to perform his duties (if such actions are systematic);
- appearing in a state of intoxication;
- the employee’s being on sick leave for more than 4 months (a longer period may be allowed for certain illnesses);
- committing theft in the workplace;
- reinstatement of an employee who previously held this position.
Article 41 of the Labor Code specifies several additional grounds for dismissal (for example, gross violation of labor functions by a manager or his deputies, non-payment of wages by the employer in the required amount, etc.).
Labor disputes are a category of cases that require knowledge of many nuances. If you believe you have been unlawfully dismissed, or you are an employer against whom a former employee has sued hoping for reinstatement, you simply cannot do without the services of a lawyer.
The specialists of our company will be happy to help you with all issues related to labor legislation. A qualified lawyer will always find such errors in the dismissal procedure that are difficult to notice for a person without legal education and practical experience. In addition, our legal experts are ready to represent interests in court not only on the employee’s side but also on the employer’s.