Restore previous work!

When the court acknowledges my dismissal as unlawful and orders me to resume work, I will also be served with a notice of a return to work. I will be able to take up my position again if I appear to work within 2 weeks and present the message unless my delay is due to valid reasons beyond my control. If the employer does not allow me to work, he will pay me a salary from the date of my appearance until my actual admission. When the position I occupy is already occupied, the employer will either have to release the newly appointed person to restore me to work or to keep both of us as employees.

 

And can I get compensation for my unlawful dismissal?

Illegal dismissal deprives me of the incomes I get through my employment relationship and makes me need to look for a new source of funds. For this reason, together with the claim for recognition of my dismissal, I can also claim compensation for the loss of work.

 

What is the amount of compensation?

If I find myself wrongly dismissed, and I have also claimed damages for the loss of work, the court will order the employer to pay me compensation in the amount of my gross wages for the time I have been out of work due to the dismissal , but for no more than 6 months. In order to honor my claim for compensation, you will need to:

 

The court found that my dismissal was in violation of labor law - for example, the employer did not issue a dismissal order, fired me during her leave or during maternity.

I'm out of work. Here under "work" should be considered such an employment relationship. There is no obstacle to having other income from other sources - for example, being a manager of a commercial company, earning copyright, working on a civil contract, etc. The court will only check if I have started work under a contract of employment elsewhere. For this purpose, I will have to present my workbook in court, and the court will check if there is a subsequent entry of a new employment relationship. If I have started work in the meantime, but it is less paid, I will also be entitled to compensation, but it will be the difference between my gross salary for my previous job and that of my new, lower-paid job.

Compensation will be paid for months after the dismissal I was unemployed but maximum for 6 months.

Example: My employment relationship is terminated. After 2 months I start a new job at a reward of 800 leva, which is however lower than my salary before the redemption, which was 1000 leva. The Court finds that I am being fired illegally and is awarded the following indemnity benefit:

 

- for the first two months during which I was unemployed - a benefit in the amount of my remuneration before the dismissal, 

 

- for the next 4 months I worked but for a lower salary - compensation in the amount of the difference between the old and the new remuneration

 

I can ask the court for the appointment of a forensic accountancy to determine the exact amount of compensation I owe to you based on the last gross salary I received before I was fired.

 

Important! When I lose my job, I can register with the Labor Office to get unemployment benefit. If my dismissal is canceled as illegal and I have been awarded an unemployment benefit I will have to reimburse the unemployment benefit I received for the same period. In the same calendar period, I am entitled to only one of the two benefits, because their reason is the same - leaving me unemployed.

 

Fix my workbook

The judgment in my favor is the reason why I was unlawfully fired to register as a work experience in my workbook. If the employer refuses, the Labor Inspectorate may perform an official entry.