Not always dismissal is carried out in a manner that is consistent with the provisions of labor law. In such cases, the employee may apply for restoration to work.
Such opportunities are available to employees who, among other things, lost their job as a result of the termination of an employment contract concluded for an indefinite period and the employer violated the provisions on termination of employment contracts or did not provide justification.
The solution to work by the employer should meet the relevant provisions of the labor law. In such a case the employer should meet certain legal provisions because otherwise the termination of the contract may not be valid and the employee has the right to apply for restoration to work.
Such a situation may be connected, among others, with the termination of an employment contract without notice and at the same time as a violation of the provisions of the law on terminating contracts with the appropriate procedure.
You can apply for restoration to work in a labor court. The court may issue a decision on restoration to work on previous conditions. Then, the employee is again allowed to perform activities belonging to his obligations connected with the contract before he dissolves.
What does it mean to get back to work?
It should be taken into account that reinstatement means recruiting an employee again and at the same time at least at an equivalent position. At the same time, it should also be taken into account that the employment relationship is exactly the same that occurred before the termination of the employment contract. This means that there is a renewal of the employment relationship in the content consistent with the terminated contract that has been questioned.
The court’s decision may be in the context of returning to work both positive and negative. The court may recognize in the case of refusal both the vanity of such restoration to work, but may also recognize the inability to restore an employee to work. The lack of possibility to get back to work, of course, also occurs when the company declared bankruptcy or is in liquidation.
On the other hand, the employee can count on a positive consideration of the case if he has not more than four years until he reaches the retirement age and such a period allows him to obtain the right to a retirement pension. This is due to the special protection of employees who are in the last years before being able to apply for a pension.
At the same time, the protection also applies to pregnant workers or on maternity leave as well as employees who are employed on the basis of specific provisions on the protection of the employment relationship.
Consequences for employees
An employee who has been reinstated has the right to remuneration for being out of work, which applies to a period of two months. However, an employee who has taken a job with another employer has the right to terminate the employment contract with the current employer without giving notice. However, a three-day notice period must occur.
At the same time, he has time to get back to work within seven days of the court sentence. Termination of the contract in such a case takes place on the same terms as terminations of the employment contract by notice.