Reinstatement at work
Any employee regardless of his citizenship in case of being fired from a job has a right to appeal against such decision of the employer.
The first option is a direct appeal to the employer demanding voluntarily restoration of the employee. If such appeal is properly written and reasonable it may be effective. Appealing to the public prosecutor or to the employment inspection may also be effective. Of course, these measures should be done when an employee has reasonable grounds to believe that his dismissal was illegal.
The second option is taking a matter to court. A person can sue concerning date and reason of dismissal, as well as payment for the forced absence.
The right to begin such actions of law is given to everyone except the officials of public prosecution office, non-governmental organizations and those who were elected. One should keep in mind that there is a one-month term to take a matter to court from the date when the person was fired. This period is counted from the date when the fired person gets a copy of the employer’s order on dismissal.
Thus, do not hesitate if you are illegally fired. Sometimes it is possible to prolong this term, but only at the presence of good reasons (illness of the employee, etc.).
The judgement regarding reinstatement is to be executed immediately. It is presumed that the employee is reinstated from the date of his unlawful dismissal. Also, the court may oblige the employer to pay a person its average salary during the forced absence, but not more than for one year. The average salary is calculated on the basis of the payments during the last 2 calendar months of work.
If you have any questions, please feel free to contact us.