Previous Page  219 / 391 Next Page
Information
Show Menu
Previous Page 219 / 391 Next Page
Page Background

LABOR LAW

205

employees who are not within the scope of employment security legislation.

However, an employee who is not within the scope of employment security

legislation cannot file a lawsuit for reemployment by alleging that the

termination is not based on a justifiable ground. The employee can claim

severance and notice pay, indemnity for bad faith, and material and moral

compensation provided that the requirements are met.

On the other hand, according to the doctrine, since Article 22 of the

Labor Code stipulates that the termination will be by prior notice and such

termination is envisaged for only terminating an employment contract

with an indefinite term; the aforesaid article will not apply to employees

who are working under employment contracts with definite terms.