So, you lost your job, but you believe that the process is illegal because the employer does not respect labor law. Brian Ross criminal lawyer wants you to learn more about your labor rights.
What can you do?
You have the right to challenge the lawfulness of the dismissal before the employer or the court by asking:
recognition of the dismissal of an offense and its revocation;
get your previous job back;
compensation for the time during which you were unemployed due to the dismissal;
How and within what period can you file a claim for unlawful dismissal?
You can make the first, combine it with some of the others, or put all the claims together. You can bring your actions in a single application, in which you must explain why you consider this dismissal to be illegal.
Important! The employer can revoke the order for dismissal by himself before submitting his claim to the court. If he does not do so, you can make a claim within 2 months of termination of the employment relationship.
Which court should you ask for?
The law allows you to choose where to bring your claim:
1. You can bring your claim to the district court at the permanent address or registered office of the employer.
2. If, however, it is more convenient for you, you can bring the case to the district court.
The application will be reviewed within 3 months. It is important to know that labor proceedings are free of charge for employees, but if you lose the case, you will have to pay the costs that the defendant has done.
The time when you were out of work due to dismissal, which is recognized as illegal, will be taken into account for both employment and social security. For this period, the employer will have to provide you with finances.
Get your previous job back
When the court acknowledges your dismissal as unlawful and orders to resume work, you will also be served with a notice of a return to work. You will be able to take up your position again if you appear to work within 2 weeks. If the employer does not allow you to work, he will pay you a salary from the date of your appearance until the actual admission. When the position is already occupied, the employer will either have to release the newly appointed person or to keep both of the employees.
Can you get compensation for the unlawful dismissal?
Illegal dismissal deprives you of the income you get through the employment relationship and makes you need to look for a new source of funds. For this reason, along with the claim for recognition of the dismissal, you can also claim compensation for the loss of work.
What is the amount of compensation?
If you find yourself wrongly dismissed and have also claimed damages for the loss of work, the court will order the employer to pay you compensation in the amount of the gross wages for the time you have been out of work due to the dismissal, but for no more than 6 months.