When Is a Dismissal Unlawful?
A dismissal is unlawful when it is carried out without a legal ground, without following the procedure under the Labour Code, or when the employer has not obtained prior permission from the Labour Inspectorate where required.
The most common grounds for unlawfulness are:
- No genuine reason (redundancy without real necessity)
- Failure to observe the notice period
- Dismissal of a protected category of employee without prior permission
- Discriminatory motives
Deadline to Challenge
A claim to have the dismissal declared unlawful must be filed with the district court within 2 months of receiving the dismissal order. This deadline is peremptory — missing it extinguishes the right to challenge the dismissal.
What Can You Claim?
- Declaration that the dismissal was unlawful and annulment of the order
- Reinstatement to the previous position
- Compensation for the period without work (up to 6 months under Art. 225 LC)
Note: This article is for informational purposes and does not constitute individual legal advice.