Peculiarities of dismissal for loss of confidence
The legislation specifies that the dismissal of an employee for loss of confidence is possible only if the following conditions are met:
If the employee is in charge of the handling of monetary or other valuables;
The above mentioned duties may be provided either in a labor contract with the employee or other documents (job description, orders of a CEO, etc.).
Performance of the employee of intentional or reckless acts that lead to the loss of confidence in him/her.
The legislation does not specify the certain list of employee’s actions which may be the reason for the dismissal according to p. 2 Article 41 of the Labor Code of Ukraine (loss of confidence), but in practice, such actions may be leaving the material assets (cash, goods, etc.) unattended, improper operations with tangible assets, etc.
In case of the evidence of the theft, taking bribes or other acquisitive crimes, the employee may be dismissed due to the loss of confidence in him even if the mentioned crime is not related to the work in any way (it can be committed not only at workplace). It should be mentioned that the fact of acquisitive crime may be evidenced in the sentence (decision) of the court in the court proceedings or in the court decision in administrative proceedings, according to which the employee is found guilty of committing an acquisitive crime.
Dismissal of an employee for loss of confidence is not a disciplinary penalty, and therefore terms for administrative prosecution are not applicable to the cases on dismissal according to p. 2 Article 41 of the Labor Code of Ukraine (loss of confidence).
To prevent illegal dismissal, including the cases of dismissal for loss of confidence, the lawyers of COLARES are always ready to provide you with legal consultation on the lawfulness of dismissal on various grounds, help to resolve any labour disputes, and represent you in court.