Dismissal and Labour Disputes: Your Rights as an Employee
The employment relationship is, by nature, unequal — the employer generally has more resources and information than the employee. That’s why knowing your basic rights makes the difference between passively accepting an unfair decision and successfully challenging it.
Dismissal: when it’s legal and when it can be challenged
The law provides limited, clearly defined grounds for dismissal: job elimination (dismissal for reasons unrelated to the employee), disciplinary misconduct, professional inadequacy, or prolonged temporary incapacity to work, under certain conditions. A dismissal that doesn’t follow the legal procedure — no prior disciplinary investigation, no notice period, insufficient justification for the decision — can be overturned in court, with the employer ordered to pay damages and, in certain cases, to reinstate the employee.
The deadline to challenge a dismissal decision is short — 45 calendar days from notification — which is why a fast response is essential.
Unpaid salary rights
Outstanding wages, unpaid overtime, or bonuses set out in the contract but never paid are among the most common grounds for disputes. Employees have the right to ask the court to order payment of amounts owed, and the statute of limitations for salary claims is 3 years from the date the amount became due.
Harassment and discrimination in the workplace
Situations of moral harassment or discrimination (based on age, gender, health status, origin, etc.) can be reported both internally to the employer and to the National Council for Combating Discrimination, or directly in court. Documenting such situations — messages, emails, witnesses — is essential for supporting such a complaint.
Employment contracts: clauses to check before signing
Non-compete clauses, confidentiality clauses, or probationary periods are frequently included in contracts, but not always correctly drafted. A non-compete clause, for example, is only valid if it provides for financial compensation to the former employee during its application — without it, the clause may be considered void.
Resignation and termination by mutual agreement
Resignation is a unilateral right of the employee, subject only to the notice period (usually 20 or 45 working days, depending on the role). Termination by mutual agreement should be negotiated carefully, especially regarding any compensation — rushing to sign such an agreement without legal review can mean giving up rights the employee would have had through a properly justified individual or collective dismissal.
How a lawyer can help
Whether it’s a dismissal you consider unjustified, unpaid salary rights, or an unclear contract clause, a quick legal assessment of your situation can show you exactly what options you have and within what deadline you need to act.