08.05.2024

ARE YOU ILLEGALLY FIRED? HERE'S WHAT YOU NEED TO DO

The court decision that entered into force, by which the dismissal of a worker or employee was recognized as illegal and he was restored to the position held before the dismissal, is mandatory for implementation by the employer. When an illegally dismissed employee is reinstated by the court, it is considered that the employment relationship was not terminated. In Art. 5, para. 1 of the Ordinance on the employment record and work experience provides that when the dismissal of the worker or employee is recognized as illegal or the grounds for termination of the employment relationship are rectified, the entry of these circumstances in the employment record is carried out by the employer who terminated the employment relationship. In the case of cancellation of the dismissal by an effective court decision, the oblong stamp and the reason for termination in the relevant column are crossed out in the employment book. Enter the number and date of the decision on the basis of which the correction is made, as well as the date of its entry into force. The correction made is certified by the employer's signature and seal according to Art. 2, para. 5 of the regulation.

According to Art. 354, item 1 of the Labor Code, the time during which the worker or employee was without work due to dismissal, which was recognized as illegal by the competent authorities, is recognized as work experience from the date of dismissal until his reinstatement. When, in the period from the dismissal to the reinstatement, the worker or the employee has in the meantime started another job, for work experience according to the order of Art. 354, item 1 of the Labor Code, only the time during which he was actually unemployed, i.e. from the entire period will be subtracted the time of work under the other employment relationship, which is considered as work experience on a general basis under Art. 351 as working time in an employment relationship.

In Art. 40, para. 4 of the Ordinance on pensions and social security service provided that, for the period after December 31, 2002, if the duration of the social security service for persons working in a labor or official relationship is equal to the duration of the labor or service experience, in the labor or in the service book upon termination of the legal relationship, the following text is entered by the insurer: "The insurance length of service is equal to the credited work (service) length of service." If the specified entry is not made in the employment or service book, the insurance experience is established with a document according to a model approved by the manager of the National Social Security Institute, issued by the insurer.