Unlawful dismissal is one of the most common causes of labor disputes between employers and employees. Bulgarian legislation provides strong protection to workers and employees when an employment relationship is terminated in violation of the law.
If you believe that you have been wrongfully dismissed, it is important to understand your rights and the actions you can take. In such cases, timely consultation with an employment lawyer can be crucial for protecting your interests.
A dismissal is considered unlawful when the employer terminates the employment relationship in violation of the provisions of the Labor Code.
Unlawful dismissal may occur, for example, when:
According to Article 344 of the Labor Code, an employee may bring a claim before the court to protect their rights.
The first right of the employee is to request the court to declare the dismissal unlawful and to annul it.
If the court finds that the employer acted in violation of the law, the dismissal is deemed invalid.
If the dismissal is declared unlawful, the employee may request to be reinstated to their previous position.
This means that the employer is obliged to return the employee to the same position they held before the dismissal.
The employee has the right to claim compensation for the period during which they were unemployed due to the unlawful dismissal.
Under the Labor Code, this compensation may amount to up to six gross monthly salaries.
In some cases, additional compensation may be claimed if other damages have been suffered.
In cases of unlawful dismissal, the employee also has the right to request correction of the entry in their employment record book to reflect the actual legal situation.
This is important for future employment relationships and proof of employment history.
It is very important to note that the law provides for a short time limit for protection.
An employee may challenge the dismissal within two months from receiving the dismissal order.
After this period, the right to judicial challenge is extinguished, so timely action is essential.
Labor disputes often require a detailed analysis of documents, the dismissal procedure, and the available evidence.
A lawyer can assist by:
Professional legal assistance significantly increases the chances of successfully protecting the employee’s rights.
If you believe that you have been wrongfully dismissed, it is important to understand your rights and the actions you can take. In such cases, timely consultation with an employment lawyer can be crucial for protecting your interests.
What is unlawful dismissal?
A dismissal is considered unlawful when the employer terminates the employment relationship in violation of the provisions of the Labor Code.
Unlawful dismissal may occur, for example, when:
- there is no valid legal ground for termination;
- the dismissal procedure has not been followed;
- the required notice period has not been observed;
- the employee was dismissed during a protected period (e.g. maternity leave or sick leave);
- the necessary documents or reasons for dismissal were not provided.
What rights does an employee have in case of unlawful dismissal?
According to Article 344 of the Labor Code, an employee may bring a claim before the court to protect their rights.
Right to request recognition of the dismissal as unlawful
The first right of the employee is to request the court to declare the dismissal unlawful and to annul it.
If the court finds that the employer acted in violation of the law, the dismissal is deemed invalid.
Right to reinstatement
If the dismissal is declared unlawful, the employee may request to be reinstated to their previous position.
This means that the employer is obliged to return the employee to the same position they held before the dismissal.
Right to compensation
The employee has the right to claim compensation for the period during which they were unemployed due to the unlawful dismissal.
Under the Labor Code, this compensation may amount to up to six gross monthly salaries.
In some cases, additional compensation may be claimed if other damages have been suffered.
Correction of employment record
In cases of unlawful dismissal, the employee also has the right to request correction of the entry in their employment record book to reflect the actual legal situation.
This is important for future employment relationships and proof of employment history.
What is the deadline for challenging a dismissal?
It is very important to note that the law provides for a short time limit for protection.
An employee may challenge the dismissal within two months from receiving the dismissal order.
After this period, the right to judicial challenge is extinguished, so timely action is essential.
Why is it important to consult a lawyer?
Labor disputes often require a detailed analysis of documents, the dismissal procedure, and the available evidence.
A lawyer can assist by:
- analyzing the legality of the dismissal
- preparing a claim before the court
- collecting evidence
- providing legal representation
Professional legal assistance significantly increases the chances of successfully protecting the employee’s rights.
Share this article:
