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Unfair dismissal claims

Updated: November 2026
 
Courts set aside dismissals made without a lawful ground or in breach of procedure. The employer must then reinstate the employee and pay average earnings for the whole period of forced absence. For the employee, the first month after dismissal is decisive, because the time limit for a claim is short. For an employer, including a foreign company with a Ukrainian subsidiary or representative office, the risk lies in the financial consequences of losing, not only in reinstatement itself.
 
Time limits
Time limits are set by art. 233 of the Labour Code of Ukraine (in Ukrainian):
  • a dismissal may be challenged within one month of delivery of a copy of the dismissal order;
  • claims for amounts due on dismissal must be brought within three months of receiving a written statement of the amounts calculated (art. 116);
  • the Constitutional Court of Ukraine, in Decision No. 1-р/2025 of 11 December 2025, held the three-month limit unconstitutional as applied to wage claims. The employer’s duty to pay wages is continuing, so such claims are not time-barred.
A missed deadline can be restored only for good reason. The situation should therefore be assessed right after the dismissal, not after attempts to negotiate.
 
Pre-trial procedure
Where the employer has a labour disputes commission, the employee may apply to it first. The commission’s decision can be challenged in court within ten days. Courts, however, hear dismissal disputes without a prior commission ruling, so in most cases a claim is filed straight away. A complaint to the State Labour Service may trigger an inspection of the employer, but it does not reinstate the employee.
 
The claim is filed with a local general court under the Civil Procedure Code of Ukraine (in Ukrainian). Employees seeking reinstatement are exempt from court fees (art. 5 of the Law of Ukraine “On court fees” (in Ukrainian)).
 
What the court can order
Where a dismissal is unlawful, the court:
  • reinstates the employee in the former position from the date of dismissal (art. 235 of the Labour Code);
  • awards average earnings for the period of forced absence, as a rule for no more than one year. If the case lasted longer through no fault of the employee, earnings are awarded for the whole period;
  • changes the stated reason for dismissal where reinstatement is not sought but the wrong wording prevented the employee from finding work;
  • awards non-pecuniary damages (art. 237-1).
A reinstatement order is enforced immediately, even before it becomes final. Any delay in compliance entitles the employee to average earnings for that period as well.
 
Grounds for challenge
A dismissal must rest on a specific ground set by law, primarily in arts. 36, 40 and 41 of the Labour Code. This is where employers most often go wrong. Typical breaches on which courts reinstate employees:
  • the order states no lawful ground, or cites the wrong provision. For example, art. 147 only lists types of disciplinary sanctions and is not in itself a ground for dismissal;
  • dismissal for systematic breach of discipline (art. 40(3)) without proof of earlier sanctions and without observing the time limits and procedure for imposing them;
  • breaches of the redundancy procedure: notice, offer of vacancies, priority right to stay;
  • dismissal of specially protected employees, including pregnant women and employees with children under three (art. 184);
  • a “voluntary” resignation that was in fact the result of pressure. Such a resignation can be challenged, but the employee needs evidence of the pressure.
Martial law
The Law of Ukraine “On the organisation of labour relations under martial law” (in Ukrainian) and the 2022 amendments to the Labour Code introduced new rules:
  • under martial law, an employer may dismiss an employee who is on sick leave or annual leave. The dismissal date is then the first working day after that leave ends. Maternity leave and childcare leave for a child under three are excluded;
  • dismissal for absence of more than four months (art. 36(8-3)) is possible only where two conditions are both met: the employee is physically absent and has not reported the reasons for more than four months. If the employee informed the employer, or the employer itself granted leave, the dismissal is unlawful (case No. 635/12429/23);
  • dismissal for lack of work (art. 41(6)) is allowed only where working conditions or property were destroyed as a direct result of hostilities. Downtime or reduced business volume is not enough;
  • suspension of an employment contract cannot be justified by financial difficulties (cases No. 521/17826/22 and No. 703/35553/23). An unlawful suspension entitles the employee to average earnings by analogy with forced absence (case No. 758/4178/22).
Martial law in itself is not a ground for dismissal.
 
For employers
Where a dismissal is coming, it should be prepared in advance, not documented after the fact. That means choosing the correct ground, gathering evidence, observing notice and approval periods and drafting the order properly. Once a dispute has arisen, the risks need to be assessed quickly. It is sometimes better to agree a termination by mutual consent with compensation than to risk a year of forced-absence pay.
 
Firm experience
  • Reinstatement of a department head at Gas TSO of Ukraine LLC. The employee was dismissed with reference to art. 147 of the Labour Code, which sets no grounds for dismissal. The employer had not proven systematic breaches and had not followed the procedure for imposing sanctions. The first-instance court found the dismissal unlawful and reinstated the employee, and the Kyiv Court of Appeal upheld the decision.
Our services
  • assessment of whether a dismissal was lawful and of the prospects of a dispute;
  • claims for reinstatement, average earnings for forced absence and non-pecuniary damages;
  • challenges to unlawful suspension of employment contracts;
  • representation of employees and employers in courts at all instances;
  • support in immediate enforcement of reinstatement orders;
  • preparation of dismissals, redundancies and disciplinary procedures for employers;
  • negotiation and drafting of termination agreements;
  • advice to foreign companies on employment relations in Ukraine under martial law.