Your redundancy was backdated, the notice bears someone else's date, and instead of the vacancies you were entitled to, you were offered only a cleaner's position at a third of your salary? Or worse — the redundancy was announced a week before the order, even though the law requires two months' notice? This isn't just unpleasant — it's a procedural violation, and it can be challenged. Let's go step by step through how to check whether your employer has deceived you, and what to do to get everything you're entitled to under employment law.
Step 1. Check the notice periods
As a general rule, the employer must notify you personally and against your signature at least two months before dismissal (employment law). If you're affected by a collective redundancy, the timeframes may differ, but in any case they are set out in the law.
What to check:
- The date of the notice and the date of the dismissal order. At least two months must pass between them. If the notice bears one date but the order was issued earlier — that's a violation.
- The signature. The notice must be handed to you personally against your signature. If there's no signature or it's someone else's — the procedure has been breached.
- The content of the notice. It must state the reason for the redundancy (e.g., closure of a branch or a reduction in headcount) and list the vacancies offered.
If the timeframes have been violated, you have a chance to be reinstated or to receive compensation for the period of forced absence.
Step 2. Check the vacancies offered
The employer must offer you all the vacancies it has in the same location that match your qualifications, as well as lower-level positions (employment law). If there are no vacancies, this must be documented.
What should raise suspicion:
- You were offered only one vacancy, although the company has other open positions.
- Vacancies were offered formally, but with obviously unsuitable conditions (e.g., pay below the subsistence minimum or work in another city without relocation compensation).
- The notice doesn't list all the vacancies, only one or two.
If you're sure there were vacancies but they weren't offered to you — that's a serious violation. Gather evidence: screenshots from job boards, internal announcements, witness statements.
Step 3. Calculate the average earnings and severance pay
In a redundancy you are entitled to:
- Severance pay equal to one month's average earnings (employment law).
- Average earnings for the period of job search (no more than two months, and in exceptional cases — three, by decision of the employment service).
- Compensation for unused vacation (employment law).
How to check the calculation:
- Take your payslips for the last 12 months.
- Add up all payments, including bonuses and allowances that are systematic in nature.
- Divide by the number of days (or hours) worked and multiply by the average monthly number of working days (or hours) in the period.
Example: if your average daily earnings were about $30, and there are 20 working days in the month after dismissal, the severance pay should be at least about $600. If the employer calculated less — demand a recalculation.
Note: employees in the Far North and equivalent areas receive severance pay and average earnings under special rules — up to six months. If you work in such conditions, check the relevant employment law provisions.
Step 4. Where to complain and within what timeframes
If you've found violations, there are two main routes:
- The labour inspectorate. A complaint is filed through the online inspectorate website or in person at the inspectorate. The review period is up to 30 days. An inspector can issue an order to remedy the violations, but cannot reinstate you.
- Court. A claim for reinstatement is filed with the district court at the employer's location. The deadline is one month from the day you are served with a copy of the dismissal order (employment law). If you missed the deadline for a valid reason (illness, caring for a relative), it can be restored.
For disputes over payments, the limitation period is one year from the day the money should have been paid to you.
What to do if the deadline has already passed
The most common ground for refusal is missing the one-month deadline for reinstatement. Many people learn of the violation too late. In that case, you can still recover unpaid sums through the court (one-year deadline) or try to reach a settlement with the employer.
Another trap is the company's liquidation. If the employer has disappeared, debts can only be recovered through insolvency proceedings, and the chances are slim. So don't delay your complaint.
A non-obvious conclusion: backdated redundancies are used to save on severance pay
Some unscrupulous employers process dismissals "backdated" so as not to pay severance for the second and third months. If you notice that the order was issued before you were notified, that's grounds to challenge the dismissal. Court practice in such cases often favours the employee.
How an AI twin helps you make sense of documents
If you've received a notice and payslips but aren't sure the calculations are correct, you can delegate the routine checking to an AI twin (asibiont.com). It will analyse the employment contract, the notice and the payslips, cross-check dates and amounts, and calculate the average earnings and severance pay based on your data. It can also draft a complaint to the labour inspectorate or a court claim — but you'll have to sign and file the documents yourself. And remember: AI doesn't replace a lawyer, it just helps you save time on arithmetic and paperwork.
Documents to collect
- A copy of the employment contract and all supplementary agreements.
- The redundancy notice (with signature and date).
- The dismissal order.
- Payslips for the last 12 months.
- A tax certificate of income.
- Your employment record book (or employment history records).
- Evidence of violations: screenshots of vacancies, witness statements, correspondence.
The more complete the package, the faster the complaint or claim will be reviewed.
If in doubt, start by checking your documents with the AI twin at asibiont.com — it will point out where to look for inconsistencies and help prepare the paperwork for a complaint. The decision and the signature are up to you.