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What to do if your employment right has been violated?

The issue of workers’ rights, i.e. the rights and obligations arising from employment are some of the most common issues that arise in practice, given that they include an extremely large number of people from different social and economic spheres.

What to do when you don’t get your salary? You have been terminated and you believe the termination was wrongful? Has your employer ordered you to carry out work tasks that go beyond the scope of work established for your job?

Questions about what to do in such a situation, how to act and what your rights are can be answered in our law office, where an expert on law and practice will advise you on the best solution for your situation given the circumstances of each individual case.

It is possible that different rules apply to different employments. The general regulation governing the rights and obligations of employers and workers is the Labor Act, while the individual legal basis regulating individual employment is usually an employment contract, a decision of a public body, etc. Depending on individual professions or employers, it is possible that special laws, regulations, collective agreement, labor regulations, etc. also apply to specific contractual relations.

Therefore, for the purposes of each case, the lawyer determines all the provisions which apply to a specific employment.

What many parties are not familiar with, and what is important for the exercise of employment rights, is that the Labor Act provides short deadlines for the protection of employment rights, i.e. the initiation of court proceedings. The Labor Act stipulates that an employee must submit a request to the employer for the protection of employment rights within 15 days from the day when the decision violating their right was delivered to them or from the day the worker learned of the violation. Furthermore, if the employer does not comply with the employee’s request within a further period of 15 days, the employee may file an action with the competent court within an additional period of 15 days.

Therefore, the precondition for seeking protection of the violated employment right before court is that the employee had previously submitted a request to the employer for the protection of their rights within the specified deadlines.

These deadlines do not apply in the case of a worker’s claim for damages or other monetary claims from the employment, such as a claim for the payment of salary, severance pay, and so on.

Also, the Civil Procedure Act stipulates that labor disputes must be resolved urgently in court, so the first-instance proceedings must be completed within 6 months from the date of filing the lawsuit.

Therefore, if you think that your employment rights have been violated, do not hesitate to contact a lawyer for advice and legal assistance as soon as possible.