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Wrongful termination, or illegal dismissal, refers to a situation where an employer terminates an employee's contract of employment in violation of the rights guaranteed under the Macedonian Employment Law. Wrongful termination might happen due to various reasons such as discrimination, retaliation, refusing to take part in illegal activities, or exercising a statutory right.
Getting terminated from a job can be stressful and challenging. If you suspect your termination was wrongful, you should seek the help of a lawyer skilled in employment law. Legal assistance is especially important in cases involving discriminatory dismissals, breaches of contract, protection whistle-blower rights, or if you were not given adequate notice or payment in lieu.
The Labour Relations Law of North Macedonia specifies the terms for employee protection, termination notice periods, severance pay and other termination-related rights. An employer cannot terminate employment due to reasons of nationality, race, color, gender, age, health status or disability. Furthermore, women during maternity leave, employees who are on sick leave, or those who are primary caregivers for children under the age of three are explicitly protected from dismissal. Employers breaching these laws are subject to significant penalties and liabilities.
Any termination in violation of the terms of your contract or due to discriminatory reasons can be considered wrongful. Additionally, if the employer fails to provide the necessary termination notice or severance pay, this may also constitute wrongful termination.
It's important to seek legal advice immediately. Keep all documents related to your employment and dismissal, as they may prove important in a legal case.
Yes, if you can prove that you have been wrongfully terminated, you can sue your employer for damages, including back wages and benefits, as well as for emotional distress.
Yes, there are exceptions. Employers can terminate contracts on grounds of disability or health if it significantly impedes your ability to perform the job, or in cases of severe misconduct.
The statute of limitations for wrongful termination claims is two months from the effective termination date.
Those seeking further information can refer to the Labour Relations Law of North Macedonia, contact the Inspection Council, or reach out to labor unions within the country for guidance and support.
Collect and secure documents related to your termination, including your employment contract, termination letter, pay slips, correspondences, and any other records that can be used to substantiate your claim. The next step is consultation with an experienced employment lawyer to understand your rights better, evaluate your case, and decide on the best course of action. It's important to take action promptly due to the limited timeframe for filing such claims.
