Appealing an IT Dismissal

Even in the high-tech sector, where professionalism and flexibility are valued, labor disputes are not uncommon. Developers, testers, project managers, and other IT company specialists may find themselves in a situation where they feel they have been dismissed without cause or in violation of labor law. Conflicts arise particularly often in the event of staff reductions, termination of a contract ‘by mutual agreement’ or dismissal ‘at the initiative of the employer’.

Unlike many other industries, IT work frequently involves non-standard arrangements such as flexible schedules, remote formats, project-based employment, or service agreements through contractors or sole proprietorships. Because of this, many specialists are not fully aware of their rights when a labor contract is terminated—or whether it can be challenged.

In practice, it is not uncommon for IT specialists to be dismissed without sufficient grounds, not paid compensation, have their settlement delayed, or have their documents incorrectly drawn up. However, it is important to know that in most such situations, the dismissal can be appealed.

In this article, we will examine in which cases dismissal can be considered unlawful, what steps need to be taken to appeal it, and how to proceed if your employer has violated your rights. This material will be useful for both specialists and HR managers of IT companies who strive to build transparent and lawful employment relationships.

When Can Dismissal be Considered Unlawful?

Not every dismissal, even if it is documented, is legal. This is especially true in the IT sector: companies often use flexible forms of employment, and the wording in employment contracts often allows for different interpretations. Let’s look at the main situations in which dismissal can be challenged.

1. Violation of the dismissal procedure

Even if there are legal grounds, the employer is obliged to follow the established procedure. The following employer errors are common:

The employee was not notified of the upcoming dismissal within the established time frame.
No other position was offered during downsizing.
The employee’s work record book or copies of documents were not issued on the day of dismissal.
The dismissal order was drawn up with violations.

Any of these violations may be grounds for declaring the dismissal unlawful and reinstating the employee.

2. Dismissal without legal grounds

An employer cannot terminate an employment contract at their discretion—the grounds must be provided for by law and confirmed by documentation. For example, dismissal ‘for violation of labor discipline’ requires an official act, an explanatory note, and evidence of misconduct.

In the IT sector, there are situations where an employee is dismissed on the grounds of ‘low efficiency’ or ‘inadequacy for the position’ without conducting an appraisal or assessment. In such cases, the dismissal can be appealed if the employer has not proven the existence of objective reasons.

3. Coercion to resign ‘of one’s own accord’ or ‘by mutual agreement’

It is not uncommon for employees to be effectively forced to resign voluntarily: pressure is exerted, access to projects is restricted, salaries are delayed, or an ‘alternative’ is offered in the form of dismissal by mutual agreement.

If the decision to resign was made under pressure, the employee has the right to challenge it. The court may declare the resignation invalid if it proves that it was written under the influence of threats or deception.

4. Features of dismissal for remote or project-based work

For remote IT specialists and employees working on temporary projects, it is especially important that the grounds for dismissal are clearly stated in the contract. The employer cannot terminate the relationship without warning or without taking into account the terms of the contract.

For example, if an employee is working on a fixed-term project, early termination of cooperation is only possible on grounds provided for by labor law or the contract. Otherwise, it is illegal dismissal.

Thus, even if the dismissal order has already been signed, this does not always mean that the employer has acted lawfully. It is important to carefully analyze the documents, the reasons for dismissal, and the procedure for its formalization — these details determine whether there are grounds for appeal.

Employee Rights Upon Dismissal

Even if the dismissal is formalized correctly, the employer is obliged to respect the employee’s rights as provided for by labor law. Regardless of the reason for termination of the contract, IT specialists have a number of guarantees that the company cannot ignore.

1. Payments due upon dismissal

On the day of dismissal, the employee is paid:

Salary — for all days worked, including partial months.
Compensation for unused vacation time — calculated in proportion to the time worked.
Severance pay — due in cases of liquidation of the organization, staff reduction, or conscription into the army, or in other cases provided for in the employment contract.

In the IT sector, where flexible forms of employment and contract work are often practiced, the amount of severance pay may be specified in the contract itself—for example, in the form of ‘severance pay’ or compensation for early termination of the contract.

Important: if the company delays payment, the employee has the right to demand compensation for each day of delay.

2. Right to receive copies of documents and certificates

On the day of dismissal, the employee must be given:

a copy of the dismissal order.
A certificate of income for the last year.
A copy of the employment contract (upon request).
Information about insurance contributions paid.

These documents may be needed when going to court or when applying for a job with a new employer. If the employer refuses to provide them, you can submit a written request or contact the labor inspectorate.

3. Terms and procedure for calculation

All payments and issuance of documents take place on the last working day. If the employee was absent on that day (for example, on sick leave or vacation), the calculation is made no later than the next day after their request.

The employer is also obliged to provide a calculation sheet showing all amounts accrued and withheld upon dismissal.

Thus, when dismissing an employee, it is important not only to verify the legality of the grounds for dismissal, but also to ensure that all guarantees are complied with: money is paid, documents are drawn up, and deadlines are met. This will help avoid disputes with the employer and simplify any possible appeal against the dismissal.

How to Appeal a Dismissal

If an employee believes that their dismissal was unlawful, they have the right to appeal it. In the IT sector, such cases are not uncommon, especially when the dismissal is formalized with violations or occurs under pressure. It is important to act quickly and competently to protect your rights and restore justice.

Where to go

Depending on the situation, you can choose one of the following options:

Labor Inspectorate — helps in cases of violation of employee rights (e.g., refusal to issue documents, delayed payments, coercion to resign). The Inspectorate can conduct an investigation and issue an order to the employer.

Court — the main and most effective means of protection if you need to have your dismissal declared unlawful, be reinstated at work, or receive compensation. The court considers labor disputes independently of the employer’s position and may overturn the dismissal order.

Deadlines for Filing a Complaint or Lawsuit

The deadlines are limited:

1 month — to file a lawsuit from the date of receipt of a copy of the dismissal order or employment record book.

3 months — if the dispute concerns other labor violations (e.g., non-payment of wages).

Failure to meet these deadlines may result in the case being dismissed, so it is important not to delay filing a complaint.

What Documents and Evidence are Needed

To appeal a dismissal, the employee should prepare:

a copy of the employment contract.
The dismissal order and employment record book.
Evidence of illegal actions by the employer — correspondence, internal notifications, witness statements.
Calculation documents confirming debt or non-compliance with the payment procedure.

If the dismissal was accompanied by pressure from management (for example, a suggestion to ‘resign voluntarily’), screenshots of correspondence, recordings of conversations (if made legally), or letters in corporate email will be useful.

Possible outcomes of the case

If the dismissal is found to be unlawful, the court may:

Reinstate the employee.
Recover average earnings for the period of forced absence from work.
Order compensation for moral damage.
Change the wording of the reason for dismissal (for example, replace ‘under the article’ with ‘by agreement of the parties’).

In addition, the court may also oblige the employer to make corrections to the employee’s work record book and personnel documents so that the employee does not encounter problems with employment in the future.

Thus, appealing a dismissal is a real and effective way to protect your rights. The main thing is not to be afraid to defend your position, to competently gather evidence, and, if necessary, to hire a lawyer who will help you prepare documents and build a defense strategy.

Features of disputes with IT companies

Labor disputes in the IT sector have their own specifics related to the peculiarities of employment, flexible work formats, and international practice. It is important to consider the status of the person who worked with the company—whether they were a full-time employee, contractor, individual entrepreneur, or specialist hired through an EOR/outsourcing agency. This determines what rights and guarantees apply in the event of dismissal and how they can be protected.

1. Termination when working under a contract or subcontract

The IT sector often uses contractual relationships (fixed-term employment contracts) or civil law contracts (contracts for work, provision of services).

If an employment contract has been drawn up, all labor law provisions apply: notifications, payments, vacation, benefits. Illegal termination of such a contract can be appealed in court as a normal dismissal.

If the relationship is formalized by a contract for work, formally it is not a dismissal, but a termination of a civil law contract. However, if the work was actually carried out on the basis of an employment relationship (fixed schedule, workplace, compliance with internal rules), the court may reclassify the relationship as an employment relationship, which gives the employee the opportunity to seek protection under the provisions of the Labor Code.

What to do if you worked as a sole proprietor or through an EOR/outsourcing agency

Many IT specialists cooperate with foreign customers through EOR providers or work as individual entrepreneurs.

When working through an EOR (Employer of Record), the intermediary legal entity registers the specialist as its employee. If a conflict or dismissal arises, it is important to understand with whom the contract was concluded — with the customer or the EOR company. Claims of unlawful dismissal are filed against the person who is legally the employer.

When working as an individual entrepreneur, you are formally an independent business entity. Labor law does not apply here — relations are governed by civil law. However, if the customer has violated the terms of the contract (for example, unilaterally refused to perform without grounds), you can recover damages or penalties in a commercial court.

Dismissal due to reorganization, liquidation, or project reduction

IT companies often undergo structural changes — mergers, downsizing, office relocations, or the closure of individual divisions. In such circumstances, mass dismissals are possible.

The employer is obliged to:

notify employees at least 2 months in advance.
Offer alternative positions, if available.
Pay severance pay in the established amount.

If the dismissal is carried out without complying with these requirements (for example, under the pretext of “optimization” without notice), the employee has the right to challenge the company’s actions and demand reinstatement or compensation.

Disputes with IT companies require a precise understanding of the form of cooperation and the legal framework that regulates this form of employment. Regardless of whether you worked under a contract, through an EOR, or as a sole proprietor, it is important to record violations in a timely manner, collect documents, and seek legal assistance if necessary. This will allow you to choose the right defense strategy and minimize professional and financial losses.

Practical recommendations for IT specialists

Appealing a dismissal is not only a legal procedure, but also a matter of attentiveness and timely action on the part of the specialist themselves. Mistakes made in the early stages can later make it difficult or even impossible to defend your rights. Below are practical tips to help IT specialists act competently and protect their interests.

How to respond to a dismissal notice

Do not rush to sign documents without understanding the grounds for dismissal. First of all:

carefully study the order or notice — check whether the exact wording and references to legal norms are indicated.
Clarify the date of dismissal and the notice period — employers often violate these requirements, especially in the case of downsizing or liquidation.
Request a written explanation of the reasons for dismissal if they are not specified.
If necessary, consult a lawyer to understand whether the procedure complies with legal norms.

This approach will not only help you avoid mistakes, but also prepare you for a possible appeal against the dismissal if it turns out to be unlawful.

What not to sign without consulting a lawyer

Many employers in the IT sector offer employees ‘simplified’ solutions: to sign a statement ‘of their own free will’ or ‘by mutual agreement’ in exchange for a small compensation. It is not recommended to do this without analyzing the terms and conditions.

Before signing, we recommend that you:

read the document carefully — it may state that you have no claims against the employer, which will deprive you of the right to make further claims.
Make sure that the compensation or severance pay is specified in writing.
Request a copy of the agreement or statement for yourself.
Sign documents only after consulting with a lawyer or after making sure that the dismissal has been formalized correctly in accordance with your rights.

How to record violations by your employer

If you suspect that your dismissal is unlawful, you need to gather evidence:

take screenshots of correspondence (in messengers, email, corporate chats) where the terms of dismissal or pressure from management are discussed.
Keep copies of notifications, orders, and settlement documents.
For personal conversations, record the dates, participants, and content of meetings in writing (in work notes or personal files).

Such materials can become key evidence in court or when contacting the labor inspectorate.

Why it is important to keep correspondence and evidence of agreements

In IT companies, many processes take place online — via email, Slack, Jira, corporate CRM. This data often contains indirect confirmation of employment relationships, payment terms, and employer actions.

Save:

correspondence with your manager and HR about work tasks, pay, vacation, and dismissal.
Emails confirming the terms of the contract.
Documents and files that confirm the performance of work (e.g., Git commits, reports, screenshots of work tools).

Even if you worked as a contractor or through an EOR, this data can prove that the relationship was in fact an employment relationship, which gives you the right to seek protection under labor law.

Conclusion

Getting fired is stressful, especially for IT pros, where non-standard forms of employment and flexible contracts are common. Even if it seems like your employer is following the law, it’s important to carefully check all the documents and procedures so you don’t lose out on legal payments and your reputation as a reliable professional.

If you have doubts about the legality of your dismissal, are facing pressure from management, or do not know how to properly protect your rights, do not try to deal with the problem on your own.

Our lawyers are ready to advise IT employees on issues related to dismissal, help assess the legality of the employer’s actions, and represent your interests in appeals, both in pre-trial proceedings and in court.

Legal support is not just a way to uphold justice, but a tool that helps you preserve your professional rights, reputation, and confidence in the future.