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sation not less than the equivalent of four months’ wages and not more
than the equivalent of eight months’ wages.
In its decision ruling the termination invalid, the court or arbitrator
shall also designate the amount of compensation to be paid to the
employee in the event he is not re-engaged in work.
The employee shall be paid up to four months’ total of his wages
and other entitlements for the time he is not re-engaged in work while
a final decision is being reached.
If advance notice pay or severance pay has already been paid to the
reinstated employee, it shall be deducted from the compensation
awarded by the court or the arbitrator. If term of notice has not been
given, nor advance notice pay paid, the wages corresponding to the rel-
evant term of notice shall also be paid to the employee not re-engaged
in work.
For re-engagement in work, the employee must apply to the
employer within ten working days following the date on which the
finalized decision was communicated to him. If the employee does not
apply within the said period, termination shall be deemed valid, in
which case the employer shall be held liable only for the legal conse-
quences of that termination.
Conclusion
The job security provisions are regulated under Article 18 et seq.
of the Labor Act. In a workplace where there are thirty or more
employees, dismissal of an employee who has been employed for at
least six months under an employment contract for an indefinite term
shall be in accordance with Article 17, and must be justified with a
valid cause. Examples of a valid cause may be the inability to fulfill the
job requirements or to perform adequately under workplace condi-
tions, or the employee’s behavior. Otherwise, the employee has the
right to initiate a lawsuit for wrongful dismissal.
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