Introduction

Unlawful dismissal represents one of the most severe violations of employees’ labor rights, impacting not only their financial interests but also their dignity and professional status. Appealing an unlawful dismissal in court is a fundamental mechanism for protecting workers’ rights.

Legal Framework

The primary legislative acts governing protection against unlawful dismissal include:

• Labor Code (LC): Defines the grounds for terminating employment and the procedures to be followed.
• Civil Procedure Code (CPC): Regulates the judicial process for resolving labor disputes.

Grounds for Unlawful Dismissal

Dismissal may be challenged as unlawful if there is:

Violation of Legal Requirements:

• Lack of legal grounds for terminating the employment contract.
• Termination without notice when required.

Non-Compliance with Procedure:

• Absence of prior approval from a trade union or the Labor Inspectorate when required by law.
• Failure to follow the procedure for hearing the employee.

Discrimination:

• Dismissal based on gender, race, ethnicity, religion, or political beliefs.

Appeal Procedure

Filing a Lawsuit

A lawsuit for unlawful dismissal must be filed with the competent district court within two months from the date of receiving the dismissal order. The lawsuit must include:

• Information about the parties.
• A description of the facts forming the basis of the claim.
• The plaintiff’s requests (e.g., reinstatement, compensation).

Case Review

Presentation of Evidence:

• The employee provides evidence of the unlawfulness of the dismissal.
• The employer demonstrates the legality of their actions.

Court Decision:

• The court may annul the dismissal as unlawful, order reinstatement, and/or award compensation for lost benefits.

Compensation for Unlawful Dismissal

If the dismissal is found to be unlawful, the employee is entitled to:

• Reinstatement: Returning to the previous position under the same conditions.
• Compensation for Lost Earnings: The employer must pay the employee’s salary for the unemployment period, up to a maximum of six months.
• Compensation for Non-Material Damages: In cases of proven moral harm resulting from the dismissal.

Role of Trade Unions and Legal Protection

Trade unions play a crucial role in preventing unlawful dismissals through:

• Representation of Workers: Providing legal assistance and advice.
• Participation in Negotiations: Supporting the resolution of labor disputes outside of court.

Practical Advice for Challenging Dismissal

• Consult a Lawyer: Professional legal support is essential for the success of the case.
• Collect Evidence: Preserve all documents related to the dismissal (orders, correspondence, etc.).
• Observe Deadlines: Ensure the claim is filed within the legally prescribed time limit.

Conclusion

Challenging unlawful dismissal is a vital mechanism for protecting labor rights. It not only provides an opportunity to restore violated rights but also serves as a deterrent against improper actions by employers. Successful appeals require careful preparation, a solid understanding of the law, and often professional legal support. If needed, feel free to contact a lawyer from our team for assistance.