A reinstatement lawsuit is a type of lawsuit that an employee can file against the employer’s unfair termination. In this case, the worker requests to be reinstated at the workplace under the same conditions.
In order to file a reinstatement case:
• Termination is unfair: Termination must be based on a valid reason. Otherwise, the worker may file a reinstatement lawsuit.
• The worker meets the seniority requirement: Workers with at least 6 months of seniority can file a reinstatement lawsuit.
• 30 or more workers must work in the workplace: 30 or more workers must work in the workplace.
Time to file a reinstatement lawsuit:
• A reinstatement lawsuit must be filed within 1 month from the date of notification of termination.
Processing in reinstatement case:
• The case is filed in the labor court.
• During the lawsuit, it is investigated whether the termination is valid or not.
• If the court decides that the termination is invalid, it reinstates the worker.
Results of the reinstatement case:
• Reinstatement decision: If the court decides that the termination is invalid, it reinstates the employee.
• Compensation: The worker may claim the gross wage as compensation for the time he did not work, starting from the date of reinstatement.
• Severance pay: If the worker does not want to be reinstated, he can request severance pay.
Things to consider regarding the reinstatement case:
• The reinstatement case cannot be filed together with the employee’s other receivables.
• The worker must apply to a mediator before filing a reinstatement case.
• Reinstatement case is a very complex type of case. Therefore, it is recommended to consult an attorney before filing this lawsuit.