Bringing a Claim Against an Employer

Before suing an employer, identify the outcome you seek and preserve the evidence. Success depends on the facts, applicable rules and proof; it cannot be promised merely because the claimant is an employee.

Which court has jurisdiction?

Under the general rules, a claim against an employer that is a legal entity is linked to its registered office. Article 114 of the Code of Civil Procedure also allows an employee to sue where they habitually work. The employee’s permanent address alone is not a general basis for choosing the court. Jurisdiction must be checked against the parties and the specific claims.

What claims may be available?

• Unpaid wages and other amounts due, including statutory interest where the relevant conditions apply.
• Protection against unlawful dismissal under Article 344 of the Labour Code: a declaration of unlawfulness and cancellation, reinstatement, compensation and correction of the relevant termination records. Claims may be joined where procedural conditions allow; a separate cancellation case need not always be concluded first.
• Damages for an occupational accident, requiring examination of its recognition, injuries, causation and the applicable basis of liability.

For an accident, a medical document does not automatically replace the procedure for recognising it as occupational. Collect National Social Security Institute decisions, medical records, expert decisions and evidence of the circumstances.

Do not miss the deadline

Article 358 of the Labour Code sets different periods. Disputes concerning termination of employment have a two-month period; the general period for other employment disputes is three years, subject to the specified special cases. The starting date must be assessed separately; for periodic payments, each amount falling due matters. Do not delay review of the termination order and service details.

Fees and costs

Under Article 359, workers and employees do not pay court fees and procedural expenses in employment cases. This does not automatically exempt them from potential liability for the opposing party’s legal costs if the outcome is adverse. The lawyer’s fee and scope of work are agreed by contract.

Documents for the initial review

• employment contract and amendments;
• payslips, payroll records, bank statements and working-time information;
• orders, notices, correspondence and dates of receipt;
• medical and accident documents where relevant.

Tomovi Law Firm can assess the appropriate claims, evidence and time limits in the individual case.

Sources: Labour Code, Articles 344, 358 and 359; Code of Civil Procedure, Articles 78, 105, 108 and 114.