Employees often have to resort to legal proceedings to regain their jobs. However, the solution of this issue takes a lot of time, effort, and nerves, so it is best to enlist legal support to feel confident in court.
According to Article 233 of the Labor Code, every citizen has the right to file a claim in a district, city or city-district court. You must apply within 30 calendar days after the employee has received a copy of the dismissal order or their employment record.
If all the employee’s requirements are met, the employer must immediately restore the employee to his former workplace.
However, there are situations in which it will be quite difficult for an employee to recover at their previous workplace:
- In case of voluntary dismissal. The documents will indicate that the employee was fired on his own initiative, so it will be difficult for him to return to work again.
- If the employer has strong evidence to dismiss the employee. Most often, we are talking about a disciplinary offense of an employee – it can be absenteeism, theft, disclosure of trade secrets, and more. As a result, the court will be on the side of the employer.
- In case of liquidation of the company. The employee is not able to return to his former workplace since in fact neither the place nor the potential employer does not exist according to the documents.
To achieve the truth, and restore yourself to your former workplace, it is important to correctly operate with the norms of the Labor Code or seek help from Kasyanenko & Partners Law Company. The lawyer will conduct a detailed consultation for the client and will tell you how to minimize risks, and losses, what you need to do to win the court.