SANCTIONS FOR INCORRECT TERMINATION OF AN EMPLOYMENT RELATIONSHIP
Unjustified termination of an employment contract by the employer
An employee in the event of unwarranted or illegal termination of an employment contract by the employer, may claim compensation or reinstatement to work. An employee may file an appeal against the termination of the contract to the Labour Court and request reinstatement or compensation. The Court may not take into account the employee's request, recognition of termination as ineffective or reinstatement, when such a request is not possible or appropriate. In this case, the Labour Court shall adjudicate on compensation.
An employee who has taken a job as a result of reinstatement, shall be entitled to remuneration for the period of unemployment, not more than 2 months and if the notice period was 3 months - not more than 1 month.
If a contract of employment was terminated with the worker who needs no more than 4 years to reach the retirement age, a worker during pregnancy or maternity leave, or with a worker – a father with custody of a child during a period of leave, remuneration is for the entire duration of unemployment.
The employer may refuse to employ the worker again, if, within 7 days of reinstatement, he/she had failed to declare readiness to work immediately, unless the delay has occurred for reasons beyond the control of the employee.
A worker who, before being reinstated took up employment at another employer, may without notice,upon three days prior notice, terminate the contract of employment with that employer within 7 days following the return to work. In the case of the termination of an employment contract concluded for a probationary period, for a definite period or for a period of completion of a specific task was in breach of the rules, a staff member shall be entitled solely to compensation.
Employee is entitled to compensation amounting to salary for the period until which the contract was to last, but not more than for 3 months.
Termination of an employment contract without notice
Employee whose employment contract has been terminated without notice, as in case of wrongful termination of the contract by the employer, may claim compensation or reinstatement. Court may not take into account the employee's request to have the termination or the reinstatement, if it is not possible or impractical and decides on compensation instead of reinstatement.
An employee who has taken a job as a result of reinstatement, shall be entitled to remuneration for the period of unemployment, not more than for 3 months and not less than 1 month.
In the event of termination by the employer of an employment contract concluded for a fixed period or for a period of completion of a specific task, in contravention of the provisions on termination of contracts of employment without notice, the employee shall be entitled to compensation only if time has elapsed to which the agreement was to last, or if the reinstatement would be inadvisable, in view of the short period of time left to the expiry of that deadline.Share Print