EMPLOYEE CLAIMS AIMING HOLDING OR RECOVERING THE EMPLOYMENT ARE ENTITLEMENTS MOST OFTEN CHOSEN BY EMPLOYEES IN CASE OF UNLAWFUL TERMINATION BY THE EMPLOYER OF THE EMPLOYMENT CONTRACT

Abstract

Employees often pursue claims aiming holding or recovering employing in case of unlawful termination of employment contract of indefinite duration or in case of terminate the contract immediately. Employees more often demand reinstatement for the work than compensations because reinstating causes the reactivation of the same employment on principles applying at the time of terminations of an employment contract. However, there are situations when claims efforts to maintain or recover the employment are impossible or pointless, for examplez: conflict with the employer, loss of trust between the parties of the employment, the bad economic situation of the employer or also other causes which are making it impossible to continue employing the employee on the same position. In such cases, employees should remember that they are entitled to an alternative claim – to obtain compensation from the employer.