18.10.2021

WHAT HAPPENS IF THE COURT DETERMINES THAT YOU HAVE BEEN ILLEGALLY DISMISSED?

The court decision that has entered into force, by which the dismissal of an employee has been recognized as illegal and has been reinstated to the position held before the dismissal, is binding on the employer. Upon reinstatement of an illegally dismissed employee of the court, it is considered that the employment relationship has not been terminated. In Art. 5, para. 1 of the Ordinance on the employment record and length of service stipulates that when the dismissal of the employee is recognized as illegal or the grounds for termination of employment are corrected, the entry of these circumstances in the employment record is made by the employer who terminated the employment. In case of annulment of the dismissal with an effective court decision, the elongated stamp and the grounds for termination in the respective column shall be crossed out in the employment record 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 made correction is certified with the signature and the seal of the employer according to art. 2, para. 5 of the same ordinance.

According to Art. 354, item 1 of the Labor Code (LC) the time during which the employee was unemployed due to dismissal, which is recognized as illegal by the competent authorities, is recognized as length of service from the date of dismissal until his return to work. When in the period from the dismissal to the restoration of work, the employee has meanwhile entered another job, for length of service under Art. 354, item 1 of the Labor Code, only the time during which he was actually unemployed will be taken into account, ie the time of work under the other employment relationship will be deducted from the entire period, which is considered as length of service on a general basis. Art. 351 as time of work under an employment contract.

In Art. 40, para. 4 of the Ordinance on pensions and length of service stipulates that for the period after 31 December 2002, if the duration of the length of service for persons working under an employment or official legal relationship is equal to the duration of the length of service or employment, or in the official book upon termination of the legal relationship the following text shall be entered by the insurer: “The insurance length of service is equal to the credited work (service) length of service.” If the specified entry has not been made in the employment or service book, the insurance length of service shall be established by a document in a form approved by the manager of the National Social Security Institute, issued by the insurer.