Certain categories of workers and employees are placed under special protection, which means that the employer may not terminate their employment relationship without prior permission from the Labour Inspectorate (ИТ).

If the employer dismisses such an employee without seeking permission, or if the ИТ refuses permission, the dismissal will be unlawful and may be challenged in court.

Which persons are under special protection?

According to Article 333 of the Labour Code (КТ), special protection applies to:

  • Mothers of a child under 3 years of age.
  • Workers and employees redeployed on health grounds.
  • Workers and employees with certain illnesses listed in Ordinance No. 5 on the illnesses in respect of which workers enjoy special protection.
  • Employees who have begun taking leave (temporary incapacity for work, paid or unpaid leave).
  • Pregnant employees and employees at an advanced stage of in-vitro treatment.
  • Workers elected as employee representatives on management matters – the protection applies while they perform this function.
  • Employees elected as representatives for health and safety at work – the protection is in force while they perform this role.
  • Members of a special negotiating body, a European Works Council or a representative body in a European company or European cooperative society – the protection applies for the period during which these functions are performed.
IMPORTANT: When does the special protection apply?

The protection under Article 333 of the КТ applies only in respect of certain grounds for dismissal.

If the employment relationship is terminated on a ground not specified in Article 333 of the КТ, the employer is not obliged to seek permission from the Labour Inspectorate.

How must the employer obtain permission?

The employer must obtain permission from the Labour Inspectorate before:

Only if permission has been obtained in advance will the dismissal be lawful.

The application for the issue of permission is submitted to the Labour Inspectorate responsible for the territory of the employee's workplace, and not according to the employer's registered seat.

Documents required for the issue of permission

In order to obtain permission to dismiss an employee with special protection, the employer must submit:

  1. A written application from the employer.
  2. Documents certifying the protection of the worker/employee:
    • For pregnant employees – an outpatient record, a medical certificate or another document from a competent medical authority.
    • For employees who have begun taking leave – a copy of the sick-leave certificate or the orders authorising the leave.
    • For employees redeployed on health grounds or those with illnesses under Ordinance No. 5 – an opinion of the TELK (Territorial Expert Medical Commission). If the undertaking has more than 50 employees, a list of the posts and positions for persons with reduced working capacity is also submitted.
  3. Documents proving the ground for dismissal – for example:
    • Evidence of a disciplinary offence committed.
    • Written explanations from the employee in connection with the disciplinary proceedings.
    • Documents on the selection carried out, where the dismissal is due to the abolition of the position.
Methods of submitting the application

The employer may submit the application for permission in several ways:

  1. In person at the relevant Labour Inspectorate.
  2. Via the electronic portal of the General Labour Inspectorate (ГИТ) – for this purpose a qualified electronic signature is required. Where this method of submission is used, the permission or the refusal is likewise provided through the portal.
  3. Through the Secure Electronic Delivery System – the permission or the refusal is sent to the employer in this way.
  4. By post or through a licensed postal operator – the decision is sent to the correspondence address indicated by the employer.
  5. By e-mail – if the employer has expressed such a wish.
Fees and time limits for the issue of permission

For the issue of permission under Article 333 of the КТ, no state fee is payable.

The Labour Inspectorate must rule within a 7-day period of the submission of the documents. It may:

  • Issue permission for the dismissal.
  • Refuse to issue permission.
Can the refusal be appealed against?

The refusal is not subject to appeal. The Labour Inspectorate is not obliged to give reasons for its refusal.

If the circumstances change, the employer may submit a new application for permission to dismiss.

If you need legal advice or assistance in connection with the termination of employment contracts and challenging the lawfulness of a dismissal, contact us on telephone 0887550706 or by e-mail: [email protected]