When is dismissal considered illegal?

In the workplace, many employees find themselves dismissed without clear reasons, or based on vague circumstances. However, wrongful termination not only damages the employee’s reputation but can also lead to serious legal consequences for the employer. As an employee, you have every right to ask: “Is my dismissal lawful?”

Signs of illegal termination that employees should be aware of
These are warning signs that your dismissal may have violated labor laws, and you should take note:

1. Lack of consultation with the trade union
   According to Clause 7, Article 192 of the 2012 Labor Code (which still applies to cases occurring before the new code took effect), if you are a member of the grassroots trade union executive committee, your dismissal must be approved in writing by the trade union. Without this step, the disciplinary decision is considered unlawful.

2. No clear or serious violation
   You cannot be dismissed just because your employer is dissatisfied. Termination can only occur if you violate serious rules clearly stated in the company's labor regulations, such as: unexcused absences for many days, theft, or causing serious reputational damage. If there’s no clear or serious misconduct, the dismissal is invalid.

3. Violation of disciplinary procedures
   The law requires a clear disciplinary process: drafting a violation report, notifying the employee, holding a disciplinary meeting with the union present, recording meeting minutes, and issuing a written decision. If you are “silently demoted,” forced to resign, or only informed verbally, you can file a lawsuit to protect your rights.

4. Signs of coercion, mistreatment, or harassment
   If you are called to the company but not assigned any work, isolated in a room, guarded by security, or subject to unusual monitoring – this may constitute coercion and violates Clause 2, Article 8 of the Labor Code. Document everything and seek legal support immediately.

How DEDICA supports employees facing wrongful termination
Not everyone knows that you can petition for a review at the cassation level after losing at both first and second instance courts. But with strong legal grounds and the support of a professional team, you can completely reverse the situation.

DEDICA successfully assisted a trade union officer wrongfully dismissed. After both courts rejected his case, we:

1. Reviewed the entire process and identified violations
   We proved that the company did not consult the trade union, failed to follow proper suspension procedures, and showed signs of mistreating the employee. All of this was compiled into a compelling cassation appeal.

2. Collected statements from the union and witnesses
   Internal reports, video evidence, and testimonies from colleagues significantly strengthened the appeal. This was the key to getting the case reconsidered.

3. Acted at the right time
   We didn’t delay – timing, presentation, and legal strategy were all carefully calculated. As a result, the judgments were overturned and the case was sent back for retrial.

Advice from DEDICA
If you’re an employee: document every sign of mistreatment. Don’t hesitate to consult a lawyer, because a single procedural mistake can nullify the termination.

If you’re an employer: always ensure that disciplinary actions – especially dismissal – follow the legal process. Doing it right from the beginning will help your business avoid legal and reputational risks.

Do you suspect your dismissal was illegal?
Let DEDICA Law Firm support you. We not only provide legal advice – we take action to defend justice.

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