Unlawful Dismissal: Compensation, Recovery, and Claim Deadlines 2026

What are you entitled to under the Labor Code, what are the deadlines for taking action, and how much does a labor dispute cost?

Step One: Request Written Justification

When dismissing an employee, the employee has the right to request a written justification for the dismissal from the employer. In the event of such a request, the employer is obliged to respond in writing within 7 calendar days. This document is decisive for the court: it is the grounds indicated in it that are checked for legality, and the failure to submit the justification speaks against the employer itself.

Deadlines: If you are late, you lose your right.

The time limit for appealing a dismissal in court is strictly limited — usually 30 calendar days from the date of receipt of the written notice of dismissal (or written justification). The exact procedure for calculating the time limit depends on the specific circumstances, so it is best to contact a lawyer in the first few days. A parallel way is to file a complaint with the labor inspectorate, although it does not replace a court case.

When is a dismissal considered unlawful?

• The basis is unsubstantiated or fictitious - the real reason is different from what is stated in the order.
• Discrimination — dismissal based on pregnancy, age, beliefs, union activity, or other grounds.
• Violation of procedure — for example, failure to comply with the period of prior written notice provided for by law on the grounds where it is mandatory.
• Abuse of "reorganization" - a position is "reduced" but is actually filled by another person.

What do you deserve: restoration or compensation?

If the court declares the dismissal invalid, according to Article 38 of the Labor Code, the employer is obliged to: reinstate you in your original position, offer you an equivalent job, or — if this is not possible and you request it — pay you compensation. Reinstatement and compensation are not granted at the same time. In addition, as a rule, compensation is paid for the period of forced dismissal. The amount of compensation is determined by the court based on the circumstances of the case — there is no preliminary "tariff", although an experienced lawyer will form realistic expectations based on the practice of similar cases. It is also important that decisions made on labor disputes are subject to immediate enforcement.

Evidence that wins the case

• Employment contract and internal regulations;
• Release order and written justification;
• Business correspondence (email, messengers) and evaluations;
• Salary statements for calculating the allowance;
• Witnesses — colleagues who witnessed the process.

Collect these materials as soon as you are released — access to corporate systems is being shut down quickly.

How much does a labor dispute lawyer cost?

In practice, fixed fee, hourly rate and success rate models are common; they are often combined. The cost depends on the complexity and stage of the case and is specified during the initial consultation. Keep in mind: timely referral often reduces the overall cost, as a dispute resolved through negotiation is cheaper than litigation.

Frequently Asked Questions

Can probationary release be appealed?
The rules for termination during the probationary period are simplified, but discriminatory or unfair terminations are still subject to appeal.

I was forced to leave "on my own initiative" - can I appeal?
Yes. A statement written under duress can be considered a lie, although proving duress is difficult — contact a lawyer as soon as possible.

How long does it take for the court to consider a labor dispute?
Labor disputes are processed in an expedited manner; the actual duration depends on the complexity of the case.

Does mediation work with the employer?
Often yes — a lawyer's letter and negotiation sometimes result in a settlement or agreed-upon compensation without going to court.

Is the employer obliged to tell me the reason for dismissal?
Upon your written request — yes, within 7 calendar days.

Conclusion

In the case of illegal dismissal, the law is on your side, but the deadlines are short: request written justification today and contact a labor dispute lawyer for an initial evaluation.

The article is general information and does not constitute legal advice. The exact application of deadlines and procedures depends on the specific circumstances.