Employment disputes and unlawful dismissal

In an employment dispute what often proves decisive is not the breach itself but the deadline for going to court. So the assessment starts with the calendar, not with the grievance.

Dismissal at the employer’s initiative is permitted only on the grounds expressly set out in the law and only if the procedure is followed. More often than not it is the procedural breaches that lead to reinstatement.

When to get in touch

• you have been dismissed and consider it unlawful
• you have been made redundant
• a dismissal was recorded as “at the employee’s own request” under pressure
• you were dismissed without notice, or without trade union consent where it was required
• you were not paid in full on the day of dismissal
• the employer is not paying wages or other sums due
• the stated reason for dismissal needs to be changed
• an employment relationship exists in fact but has never been documented

What the lawyer does

• assesses the prospects and calculates the filing deadlines
• checks the ground for dismissal and whether the procedure was followed
• analyses the order, the notice and the offers of other positions
• assesses whether a preferential right to remain in employment applies
• builds the evidence: orders, timesheets, correspondence, witness evidence
• prepares the claim for reinstatement and recovery of sums due
• makes the case for average earnings for the period of enforced absence
• deals with the final settlement and compensation
• represents the client before the courts at every level
• handles enforcement of a reinstatement order

Legal basis

The grounds for terminating an employment contract are set out in Article 36 of the Labour Code of Ukraine; termination at the employer’s initiative in Article 40, with additional grounds for particular categories in Article 41. Termination with the prior consent of the elected body of the primary trade union organisation is governed by Article 43.

The bodies that hear employment disputes are designated in Article 221 of the Labour Code of Ukraine; the deadlines for going to court are set out in Article 233: in dismissal cases an employee may apply to the court within one month. Note: part one of Article 233 of the Labour Code has been held unconstitutional in so far as it set a three-month period for an employee to claim wages and other sums due (Decision of the Constitutional Court of Ukraine No. 1-r/2025 of 11 December 2025). The consequences of unlawful dismissal are set out in Article 235: reinstatement, a change in the stated reason for dismissal and other remedies; the employer’s duty to settle up is set out in Article 47.

Legislation and case law are updated over time, and some provisions apply only for the period of martial law. This page reflects the position as of August 2026.

Frequently asked questions

How long do I have to challenge a dismissal?

In dismissal cases a one-month period applies for going to court (Article 233 of the Labour Code) — a short window, so there is no time to lose.

Does the three-month period for wage claims still apply?

By Decision No. 1-r/2025 of 11 December 2025 the Constitutional Court of Ukraine held part one of Article 233 of the Labour Code unconstitutional in so far as it set a three-month period specifically for claims for wages and other sums due. What that means for a particular situation is for the lawyer to assess.

What if I am being forced to resign?

A resignation has to be voluntary; coercion is a ground for challenging the dismissal, but it has to be evidenced — correspondence, witnesses, the circumstances in which the letter was written.

Can I be reinstated if the position has already been cut?

Yes, reinstatement is possible where the grounds in Article 235 of the Labour Code are met; the practicalities of enforcement are addressed separately.

Need legal assistance? Call us or leave a request — a lawyer will contact you and explain what to do in your situation.