13.12.2023

HOW A BOSS CAN REVERSE A DISMISSAL ORDER

Although they are rare, there are sometimes cases where employers, after dismissing their worker or employee, change their mind and look for options to cancel the already imposed order.

The reasons for this can be very different, and often it is errors in the procedure itself, which his former subordinate is now appealing in court, or because he has changed his mind and wants to keep his staff.

Of course, the reasons can be completely different, but whatever they are, the employers are faced with the question of whether there is a legal procedure in such situations, through which they can cancel this decision of theirs.

According to the Labor Code, the worker or employee has the right to challenge the legality of the dismissal before the employer or before the court and request:

1. recognition of the dismissal as illegal and its cancellation;
2. restoration of previous work;
3. compensation for the time during which he was unemployed due to the dismissal;
4. correction of the grounds for dismissal entered in the employment book or in other documents.

According to this year's change in the Labor Code, the employer can cancel the dismissal order at his own discretion until the worker or employee files a claim in court. After the filing of the claim and until the entry into force of the court decision, he may revoke the dismissal order with the written consent of the worker or employee. This change in legislation came into force on 01.07.2024.

In cases where the prior consent of the labor inspectorate or a trade union body is required to carry out the dismissal and such consent was not requested or was not given before the dismissal, the court annuls the dismissal order as illegal on this basis alone, without considering the labor dispute in substance.

Labor disputes are considered by the district court within three months from the receipt of the claim and by the district court - within one month from the receipt of the appeal.

How does recovery of previous work happen?

It is provided that when the worker or employee is reinstated to his previous job by the employer or by the court, he can take it if within two weeks of receiving the notice of reinstatement he reports to work, unless this deadline is not observed for valid reasons . The dismissed worker or employee is reinstated to the previous job and on the basis of an effective acquittal.

When the dismissal of the worker or employee is recognized as illegal by the employer or by the court or the grounds for termination of the employment relationship are corrected, the change that has occurred is entered in the labor book of the worker or employee. The entry in the employment book is carried out by the employer with whom the employment relationship was terminated, and in case of refusal - by the labor inspectorate.

Reference:

Art. 344, Art. 345, Art. 346 of the Labor Code