Disputes with employees

What is happening

An employee dismissed for absence sues for reinstatement and pay for the period out of work. There is a dismissal order, but the record of absence was backdated and nobody asked the employee for a written explanation.

After leaving, the head of sales claims an annual bonus, relying on messenger chats with the chief executive. The terms of the bonus policy are vague, and the court will have to interpret them.

An employee has caused the company loss: goods have gone missing, a company car has been written off, cash advances have not been accounted for. The company wants to recover the loss but is unsure how far it can go.

What the law says

• An employee may bring a dismissal claim within one month of receiving a copy of the dismissal order or the employment record book, other claims within three months, and claims for unpaid wages within one year (Article 392 of the Labour Code).
• Employees are exempt from court costs in employment claims (Article 393 of the Labour Code), and it is for the employer to prove that a dismissal was lawful.
• A reinstatement judgment takes effect immediately (Article 396 of the Labour Code); where a dismissal is unlawful, average earnings for the period out of work are awarded and compensation for non-pecuniary damage may be awarded as well.
• Before disciplinary action the employee is asked for a written explanation; if none is given within two working days, a record is made. The sanction must be imposed within one month of the misconduct coming to light (Article 193 of the Labour Code).
• An employee's liability for damage is generally limited to one month's average earnings (Article 241 of the Labour Code); full liability applies only in the cases listed in the Labour Code, such as under a full liability agreement.
• An individual dispute may be heard by a labour disputes committee where one exists, but the employee may go straight to court (Article 391 of the Labour Code).

What we do

• We analyse the HR documents on the matter: orders, records, explanations, notices and calculations.
• We assess the risks, including whether the employee is within time and the possible size of an award, and discuss with you whether a settlement makes sense.
• We prepare the defence and evidence and identify employees who can give witness evidence.
• We represent the company before the labour disputes committee, at first instance, on appeal and in cassation.
• We negotiate with the employee and their representative and draft a settlement agreement.
• We bring claims for loss caused by an employee where there are grounds to do so.
• Once the dispute is over, we revise documents and procedures so that a similar situation does not recur.

What we will need from you

• The employee's statement of claim or letter of claim, if there is one.
• The employment contract, supplementary agreements and the employee's personnel file.
• Orders and documents on the matter: records, explanations, notices, internal memos.
• Pay and bonus policies, time sheets and payslips.
• Correspondence with the employee, including corporate email and messengers.
• Details of employees who know the circumstances of the dispute.