Employee Rights Upon Unlawful Contract Termination

Unilateral employment contract termination is one of the most common legal issues in labor relations. This article analyzes employee rights protected under the 2019 Labor Code.

According to Article 41 of the 2019 Labor Code, when an employer unlawfully terminates an employment contract, the employee has the right to demand: reinstatement according to the contract, damages compensation, and payment of wages for days not worked.

The statutory compensation is at least 2 months' salary under the employment contract. Additionally, the employee may receive severance or job loss allowances depending on the circumstances.

Employees may file complaints with the grassroots trade union, request mediation at the labor mediation council, or file suit at the people's court. The statute of limitations for claims is 1 year from the date of termination.

To best protect their rights, employees should retain copies of employment contracts, pay slips, and all evidence related to the termination.

In cases where employees do not wish to return to work, they still have the right to claim monetary compensation, including wages, severance pay, and other statutory compensation amounts.