What we handle in this area
- Severance pay and notice pay claims
- Overtime, annual leave and wage receivables
- Reinstatement actions
- Compensation for workplace accidents and occupational diseases
- Drafting employment contracts
- Advice to employers on disciplinary, defence and termination procedures
- Staff regulations and internal policies
- Mediation in employment disputes
How does a reinstatement claim work?
When the employment contract of an employee covered by job security is terminated, the main steps are as follows.
- 1Notice of terminationThe employer gives notice of termination in writing, clearly stating the reason.
- 2Application to a mediatorThe employee applies to a mediator within one month of being served the notice of termination.
- 3MediationThe parties consider whether agreement can be reached on reinstatement or compensation.
- 4LawsuitIf no agreement is reached, a lawsuit may be filed at the labour court within two weeks of the final mediation report.
- 5Judgment and consequencesIf the termination is found invalid, the employee must apply to return to work within 10 working days of the judgment becoming final.
Basic conditions for reinstatement
| Condition | Requirement | Legal basis |
|---|---|---|
| Number of employees at the workplace | At least 30 | Labour Law Art. 18 |
| Length of service | At least 6 months | Labour Law Art. 18 |
| Contract type | Indefinite-term contract | Labour Law Art. 18 |
| Application to a mediator | Within 1 month of termination | Labour Law Art. 20 |
| Limitation period for severance pay | 5 years | Labour Law Art. 32 |
Special rules apply to employer representatives and their deputies. Please have your specific situation assessed by a lawyer.
Frequently asked questions
Who is entitled to severance pay?+
Employees who have worked for the same employer for at least one year and whose employment ends in one of the ways set out in the law are entitled to severance pay. As a rule, an employee who resigns without just cause is not entitled.
How long is the notice period?+
The notice period ranges from 2 to 8 weeks depending on length of service. A party terminating without observing the notice period must pay notice pay equal to the wages for that period.
As an employer, what should I consider before termination?+
Documenting the reason, obtaining the employee's defence where required and giving written, reasoned notice of termination are decisive for any later dispute.