Possibilities for Dismissal
In the event of illegal dismissal, the law protects workers and employees, you can learn more from the advice of lawyer Zdravkov.
Unlawful dismissal is an increasingly common cause of lawsuits between employees and their former employers. Unilateral termination of the employment contract by the employer, regardless of whether with notice or not, the so-called dismissal, is an option that employers have only in cases provided for by law. In the event that the employer dismisses the employee without having this right, the dismissal may be recognized as unlawful by the court. This would have negative consequences for the employer, and to a certain extent would compensate the employee, who may even be reinstated. In the following lines, we will examine the grounds for dismissal, the possibilities for protection in the event of unlawful dismissal, and the right to compensation in the event of unlawful dismissal. We advise you to consult a good labor law lawyer in the event of unlawful dismissal.
The cases in which employers may dismiss workers or employees are regulated in Art. 328 – Art. 330 of the Labor Code. Any non-compliance with the requirements provided for in the law will lead to unlawful dismissal. Naturally, merely citing a specific provision is not enough for the dismissal to be lawful. In reality, the prerequisites provided for by law must be present.
Regardless of the above, in some cases the law introduces additional requirements for the legality of the dismissal. This is the case with the protection upon dismissal under Art. 333 of the Labor Code. In case an employer wishes to dismiss an employee who benefits from this protection, he must obtain permission from the Labor Inspectorate. In some cases, opinions of a labor medical commission and other additional requirements stipulated by law are also necessary.
PROTECTION AGAINST ILLEGAL DISMISSAL UNDER THE LABOR CODE
At first glance, the rights of employees, who are the weaker economic party in these relations, are guaranteed by law. In practice, employers often resort to illegal dismissals. In these cases, employees have the opportunity to protect their rights in court, in several steps: An employee who has been unlawfully dismissed may, within two months of the dismissal, request: 1. Recognition of the dismissal as unlawful and its annulment; 2. Reinstatement of the previous job; 3. Reinstatement of the previous job. Compensation for the time during which he was unemployed due to illegal dismissal; (Amount of compensation – gross salary, for no more than 6 months)
4. Correction of the grounds for dismissal entered in the unified electronic labor record or in other documents.
In the event that there are unpaid wages or other compensations due, even if this deadline has been missed, the employee has the right to file a claim and claim payment within 3 years from the date on which he should have received his remuneration or compensation.
Labor cases for illegal dismissal are heard before the relevant District Court as a first instance, in expedited proceedings. The employee who is illegally dismissed does not owe advance payment of fees and expenses. The employer is the one who must prove that the grounds for the dismissal were present. In the proceedings in such a case, employees could claim, in addition to compensation for being unemployed, any other claims they have against their former employer – unpaid wages, compensation for unused paid annual leave, etc. A good labor law lawyer could advise an employee on illegal dismissal to ensure his or her protection. We advise employers to consult with a good labor law lawyer before dismissing an employee. Also, employees who want to protect their rights in case of illegal dismissal can consult our lawyers.
You can submit a signal for violation of labor laws here – www.gli.government.bg
More about the services of our labor law lawyers – here
Our practice in such cases is extensive, we have many years of experience and excellent results. We have consulted both employers and workers.
Feel free to contact us:
+359 886 72 27 72
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city Plovdiv, Blvd. “Tsar Boris III” No. 128
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