Remedies against unfair or unlawful termination with notice. Vol.2
June 25, 2011 2 Comments
In contrast to the employment contract for indefinite time, termination of the employment contract for definite time may only be challenged at court if it was unlawful, i.e. violated statutory provisions related to termination. From the legal standpoint, there is no such thing as an unfair termination of the employment contract for definite time because when you terminate a contract of that kind by notice you don’t need to give a justifying reason.
This affects the scope of remedies available to an employee whose employment contract was definite time was terminated. Namely, reinstatement to the previous position is, as a rule, excluded and the employee may only claim damages.
The amount of damages which may be awarded by the court will be equal to the employee’s wages for the time, until which the terminated employment contract was supposed to last, though for no longer then 3 months.
Again, a court dispute initiated by the employee may be resolved by means of a settlement, the subject-matter of which may vary, depending on the parties’ mutual arrangements, e.g. it may provide for a different amount of damages or a different manner of termination of employment.