According to Article 41 of the Labor Code 2019, when an employer unilaterally terminates an employment contract in violation of the law with an employee, the employer has the following obligations:
– Must accept the employee back to work according to the employment contract that was entered into; must pay wages, contribute to social insurance, health insurance, and unemployment insurance for the days the employee is not allowed to work, and must pay the employee an additional amount of at least 2 months’ wages according to the employment contract.
Upon being accepted back to work, the employee shall reimburse the employer for any separation allowances, job loss benefits if already received from the employer.
In cases where the position or job specified in the employment contract no longer exists but the employee still wishes to continue working, both parties shall agree to amend and supplement the employment contract.
In cases where the employer violates the provisions regarding the notice period stipulated in Clause 2 of Article 36 of this Law, the employer must pay an amount corresponding to the wages according to the employment contract for the days without prior notice.
– In the event that the employee does not wish to continue working, in addition to the amount to be paid as stipulated in Clause 1 of this Article, the employer must pay separation allowances according to the provisions of Article 46 of this Law to terminate the employment contract.
– In the event that the employer does not wish to accept the employee back and the employee agrees, in addition to the amount the employer must pay according to Clause 1 of this Article and the separation allowances according to the provisions of Article 46 of this Law, both parties shall agree on additional compensation for the employee, but at least equivalent to 2 months’ wages according to the employment contract to terminate the employment contract.
