Unlawful dismissal - 60 days, two letters and one claim
A dismissal order is often a single sentence: "the employment contract is terminated". No ground is stated, or it is stated so generally that it means nothing. The law reads that emptiness in the employee's favour - but only if the employee keeps two short deadlines and writes one correct letter.
This guide divides an unlawful dismissal case into two parts: the first 30 days, when you ask the employer for written reasons and build the case file yourself, and the second 30 days, when you decide whether to go to court. The money is calculated in a separate calculator; here - how to prove the dismissal was unlawful, and what to claim once you have.
Published
Seven signs that a dismissal is unlawful
One sign is enough for a court. If two or more match, the case is strong, and the employer usually realises this after the very first letter.
- The ground is not on the Labour Code's exhaustive list - "management decision", "loss of trust" and "the company's interest" are not lawful grounds.
- The procedure was breached: a disciplinary sanction without a request for an explanation, no notice or a wrong notice period, no written order at all.
- The real reason for the dismissal is a protected characteristic: pregnancy, maternity leave, illness, age, a trade union, a complaint against the employer, a discriminatory ground.
- The redundancy is fictitious: the position was abolished and shortly restored under another name, or a new person was hired for the same function.
- A fixed-term contract was ended "on expiry", but the relationship lasted over 30 months or was repeatedly renewed - the law treats it as open-ended.
- A pay cut or demotion instead of dismissal, without consent - a unilateral change of an essential term, which is equivalent to dismissal.
- The probation period was not agreed in writing or exceeded 6 months - dismissal "for failing probation" loses its ground.
The first letter: demanding written reasons and building the case file
The employer must give you the reasons for dismissal in writing if you demand them within 30 days - and has 7 days to reply. This one letter is half the case.
A copy of the order and the date
Ask for a copy of the dismissal order, signed and dated. If no order exists or you were told orally - that is itself a breach; record it by e-mail: "today, [date], I was informed orally of my dismissal".
Demand the reasons within 30 days
In writing, to the employer's official address or e-mail with confirmation of delivery: "please provide the written reasons for my dismissal in accordance with the Labour Code". One sentence, citing the deadline. Missing the deadline makes the court route harder.
7 days for a reply
The reasons arrive - compare them with the Code's list and with reality. They do not arrive - the dismissal is treated as unreasoned, and the burden of proof shifts entirely to the employer. Both outcomes work in your favour.
Gather the documents
The employment contract, the internal regulations, the last 3 months' pay statements, work correspondence, appraisals, orders on bonuses. Collect all of this together with the demand letter, not on the day of dismissal - afterwards access to the company's systems disappears.
Fix the witnesses
Colleagues who know the "real" reason for the redundancy, who were present at an oral dismissal, who see a new employee in the same position. Names and contacts now; testimony - in court, through the lawyer.
The claim: what to demand and how to choose between reinstatement and compensation
Court within 30 days of receiving the reasons (or of the 7-day period expiring). A labour dispute is exempt from the court fee; the claim is filed at the court of the employer's location.
Choosing the demand
Declaring the dismissal void + reinstatement + pay for the period of forced absence, or declaring the dismissal void + compensation instead of reinstatement. The court may order compensation instead of reinstatement if reinstatement is impossible - so the claim is written with an alternative.
Pay for forced absence
Salary from the day of dismissal to the court's decision - in full if you did not work elsewhere in that period, or the difference if you took a lower-paid job. If the case lasted a year - a year's salary. This is what pushes employers towards settlement.
Additional demands
Unpaid wages, severance, leave money, interest for late payment, and in discrimination cases - non-material damage. All in one claim, listed and calculated separately.
Interim measures
If the employer is heading for liquidation or selling assets - a request for interim measures attaching the accounts. In labour cases the court often grants this in the claimant's favour.
Settlement
Most employers offer a settlement after the first hearing - usually 3-6 months' salary in exchange for waiving reinstatement. A settlement in writing, approved by the court, with a payment deadline and precise limits on the "no claims" clause.
Who proves what - and why this is the employee's main advantage
In a labour dispute the burden of proof is distributed differently from an ordinary civil case: the employer proves that the dismissal was lawful, not you that it was unlawful.
Six steps that turn an unlawful dismissal into a lawful one
A resignation "of your own accord"
One signature and the case is closed: a voluntary departure cannot be challenged unless you prove pressure. If you are asked to write a resignation - that itself means the employer has no lawful ground.
Missing the 30 days
The period for demanding reasons runs from the day of dismissal, not from the day you "recovered". A missed deadline does not close the court route, but it frees the employer from the duty to give reasons.
Signing an agreement for "one month"
One month's salary "amicably" and a no-mutual-claims clause - in a case where a court would award a year of forced absence. One consultation before signing.
A public fight
Exposing the employer on social media before court comes back in court as the employer's argument (reputational damage, breach of confidentiality). Demands in writing; publicity - after winning, if at all.
Gathering documents "later"
On the day of dismissal the corporate e-mail is closed, system access disappears, the only copy of the contract stays with HR. Everything concerning your case must be in your personal archive before the dismissal.
Refusing a new job "because of the case"
Forced-absence pay is reduced by the new job's salary, but the court does not expect you to sit unemployed - on the contrary, proof of a job search is a sign of good faith. Work, and claim the difference.
Five situations where the rules are even stricter for the employer
- Pregnancy and maternity leave
- Dismissal from notification of pregnancy and throughout maternity leave is directly prohibited, except for liquidation and gross misconduct. Such a dismissal is voided almost automatically, with non-material damage added.
- Illness
- Dismissal during temporary incapacity (on sick leave) is not allowed within the set period. "You are often ill" is not a ground.
- Trade union and complaints
- Dismissal because of trade union activity or a complaint to the Labour Inspection is discrimination. The closeness of the dates (a complaint - dismissal within two weeks) itself creates the presumption.
- Collective redundancy
- In a mass dismissal the employer has additional duties - notifying the Ministry of Labour, consultation. A breach of this procedure puts the dismissal of every redundant employee in doubt.
- A foreign employee
- The Labour Code does not distinguish by citizenship. A residence permit tied to the job is not cancelled automatically by dismissal - but a period starts running, and an immigration lawyer must be involved in parallel with the employment one.
The first 30 days yourself, the second with a lawyer
The first stage is entirely in your hands: the letter demanding reasons is one sentence, fixing the documents and witnesses is a matter of organisation. The only thing a lawyer adds here is making sure the letter goes out within the deadline and in a provable form. Many lawyers check this letter as part of a free consultation.
The second stage - choosing the demand, drafting the claim, interim measures, settlement terms - is a lawyer's job, and here the difference is stark: a claim that asks for reinstatement without the alternative of compensation ties the court's hands; a settlement whose "no claims" clause covers every future demand makes the case only partly won.
A labour dispute is exempt from the court fee, and lawyers in this category often work for a fee contingent on the result. Within 15 minutes the coordinator will connect you with a lawyer who runs cases against employers in your city - not on their behalf.
Questions about unlawful dismissal
I never had a contract and was paid in cash. Can I still challenge the dismissal?
Yes - an employment relationship exists in fact, even without a contract. The fact of the relationship is proved by transfers, correspondence, a work schedule, an access pass, colleagues' testimony. The absence of a contract is the employer's breach, not yours, and the court reads it against them.
I demanded the reasons and received a new order with a different ground.
Changing the ground after the dismissal is itself a sign of unlawfulness: the court assesses the original order, not the later version. Keep both orders - together they are one of the strongest pieces of evidence in the case.
I do not want reinstatement; I can no longer work at this company. Is a claim still worth it?
Yes - the claim asks for compensation instead of reinstatement, and forced-absence pay is charged to the employer in either case. The court will not force reinstatement on you. In practice these are exactly the cases that end in a settlement of several months' salary.
I was dismissed but paid 2 months' severance in full. Can that still be unlawful?
Paying severance does not make a dismissal lawful - it is only one of the conditions. If there is no ground or the ground is discriminatory, the dismissal can be challenged regardless of the severance, and the sum received is credited against the forced-absence pay.
How long does a labour dispute take and what is the typical outcome?
First instance 3-8 months, with no court fee. Most cases of unreasoned dismissal end either with the claimant winning or with a settlement - precisely because the burden of proof lies on the employer and the forced-absence pay grows every month. The longer the case, the more expensive it is for the employer.
Dismissed? The 30 days start today
At a free consultation an employment lawyer will check your letter demanding reasons and tell you whether the case is heading for settlement or court - within 15 minutes the coordinator will contact you.