An employee may defend themselves against unlawful termination of their employment contract by filing an appeal with the appropriate Labor Court. The choice of claim depends on the employee's discretion; they may file a motion with the Court to have the termination deemed ineffective, or alternatively, to have their employment reinstated and receive compensation.
In practice, the most common claim chosen by employees is compensation.
Amount of compensation
The possibility of obtaining compensation depends on the employee's average salary for the three months prior to the date of termination notice. What is the maximum salary an employee can expect? The court may award compensation up to three times the employee's monthly salary, with the minimum amount being two weeks' salary.
It's worth emphasizing that in the event of wrongful termination, the employee receives their salary gross. The compensation is not subject to taxation, and no social security contributions are charged on it.
Deadline for filing an appeal
The standard deadline for filing an appeal is 21 days from the date of service of the letter terminating the employment contract. The generally accepted rule is to count the period from the date on which the employee had the opportunity to review the notice, i.e., the employer's declaration of intent to defend their rights. It should be emphasized that if, after these deadlines, the employee files a lawsuit concerning the establishment, expiration, or termination of the employment relationship, or rectification of the employment relationship, or the waiver of a disciplinary penalty, the lawsuit must be dismissed.
According to Supreme Court case law, a principle of labor law is that the legality (justification) of an employer's termination of an employment contract may be challenged only by filing an appropriate lawsuit (for a declaration of invalidity, for reinstatement, or for compensation), filed within the applicable time limit. If the employee fails to file such a lawsuit, the termination of the employment contract should be treated as lawful (Supreme Court judgment of 25 February 2009, II PK 164/08, Legalis no. 242726). This means that without demonstrating the illegality (justification) of the termination of the employment contract by filing the specified lawsuits provided for in the Labor Code within the appropriate time limit, the employee cannot, in any other proceedings, demonstrate the illegality of the employer's actions as a basis for claims for compensation under the Civil Code (to pursue so-called supplementary claims under the Civil Code, it is necessary to exhaust the appeal procedure against the employer's declaration of intent under labor law).
The role of the court in employment proceedings
A workers' compensation claim is a complex process that requires a thorough examination of all the facts and circumstances surrounding the claim. The court must determine whether the employee is actually entitled to compensation and, if so, the amount.
For this purpose, the Court examines the circumstances of the contract termination, primarily whether the termination was in accordance with the law, and the reasons for and circumstances of the termination. To examine these circumstances, the Court analyzes the evidence presented by both parties in the form of documents, witness statements, and the parties' statements.
In view of the above, it is clear that the procedure (largely) for compensation is a complex process in which a number of circumstances must be examined before a decision is made to enter into a dispute with a former employer.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 21, 2024
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