The State Labor Service explained that an employer can dismiss an employee on their initiative not in all cases. The law provides categories of people who have special guarantees for job preservation. The Judicial and Legal Newspaper writes about this.
According to part three of Article 184 of the Labor Code of Ukraine, there are categories of workers whose dismissal is prohibited. The only exception is the complete liquidation of the enterprise, where dismissal is permitted, but with a subsequent mandatory employment.
Who is guaranteed additional protection during dismissal
After the expiration of a fixed-term employment contract, these employees are also not left without support. They are guaranteed mandatory employment, and during the job search, their average salary is preserved — for up to three months from the date of dismissal.
The law clearly defines the groups of workers who are protected from dismissal at the employer's initiative:
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pregnant women;
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women with children under three (or six) years;
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single mothers with children under 14 or with disabilities;
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women who are dismissed after a fixed-term contract — with the right to mandatory employment.
What employers need to know
The State Labor Service emphasizes that in case of liquidation of the enterprise, the employer must facilitate the further employment of protected employees. Failure to comply with this requirement may be regarded as a violation of labor legislation and entails responsibility.
Lawyers remind: even during difficult economic conditions or reductions, employers must adhere to social guarantees and cannot dismiss employees who fall under protection without following the established procedure.