Conditions Required for Reinstatement Compensation Lawsuit
Reinstatement compensation, a very important issue for those unjustly dismissed, is based on the principle of rehiring the dismissed person or paying their compensation to prevent them from being victimized. In reinstatement compensation, if the employee proves in court that the employer dismissed them without stating a reason or by presenting an invalid reason, the employer must rehire the employee to their old job and position. If they do not rehire, they must pay the employee their salary, determined to be between a minimum of 4 and a maximum of 8 months.
Certain conditions must be met to file a reinstatement compensation lawsuit. First, the contract made must be indefinite. In addition, the employment contract must comply with the Labor Law. At least thirty people must be employed in the workplace in question, and the plaintiff must have at least 6 months of seniority. Furthermore, the contract must have been terminated by the employer, and the employee must not be in an equal status with the employer or be an agent.