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The Petition
The employee may request the termination to be invalidated and
return to work. The employee may also request at most four months’
salary to be paid for time missed at work until the finalization of the
case. Eight months job security compensation may also be requested if
the employer does re-integrate the employee into the workplace with-
in the given time.
The Results of a Re-employment Lawsuit
As a result of the re-employment lawsuit; acceptance and dis-
missal of the case or abatement of an action can occur.
Acceptance of the Case
.
Where it is accepted that the termination
is invalid and re-employment occurs, the employee should apply to the
employer within 10 working days from receipt of notification of the
decision. The employee, who applies on time, should start to work
within one month. If the employer does not want the employee start to
work, the employer will be obliged to pay four months wages and other
than this, the employee’s other rights as well as a compensation fee.
Under these circumstances, the employer will have to pay compensa-
tion amounting to at least four months to at most eight months wages.
Dismissal of the Case
.
If the court rejects the re-employment law-
suit, then it accepts the termination as it is, based on a legal, valid and
justifiable reason. If the case is dismissed, the employee is liable for
the legal expenses and proxy costs of the opposing party. Even though
the re-employment lawsuit is dismissed, the employee’s unpaid sever-
ance, notice pay and other legal fees may be requested from the
employer with a separate lawsuit.
Abatement of an Action
.
While the case is ongoing, if the employ-
ee is re-employed or waives the lawsuit, the consequence will be the
abatement of an action. In the first case, there is no need to order a
peremptory nonsuit. If the employee returns to work it means the ter-
mination is not valid. In such a case, the employee may request at most
four months wages and other rights to compensate his idle time. In the
event the employee waives the lawsuit, litigation costs will be paid by
each party.
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