Protection against unlawful dismissal


Protection against unlawful dismissal

 
Every employee has the right to challenge the legality of his dismissal because the employer may exercise its right to terminate the employment relationship with disciplinary dismissal in violation of the law: violation of established law prohibiting dismissal, breach of procedures, violation of rules pre protection against dismissal, dismissal without any legal basis.
The dismissal is considered illegal when committed to non-existent in law basis in the absence of elements of the composition of the relevant substantive grounds on which the dismissal was done in violation of procedural rules in connection with the execution of dismissal where they are provided with failure to comply with prescribed by law prior protection from dismissal or other requirements in connection with the exercise of uvolnenie.V jurisprudence maintain that the court before which commenced proceedings for revocation of unlawful dismissal and restore the employee to work occupied is obliged to inform the country of final judgment for the recovery of the worker. Without being delivered this message or there is evidence that the decision has some of the country, the period in which the employee must appear to fulfill their employment, has not started to run and can not be applied the provision for termination of employment due to his failure to appear.
Without an enforceable court decision that the dismissal was recognized as unlawful, it can change to fit in the work book. It can not talk about the refusal to make an entry in the service record of the annulled dismissal, when the employee has not submitted a final court decision.
 
 


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Protection against unlawful dismissal Protection against unlawful dismissal