Customer story

The office was approached for legal assistance by a local government against which a claim had been filed in court for the recognition of the employer's notice of termination as invalid and the termination of the employment relationship by court judgment, compensation for the period of involuntary absence from work, unpaid wages, compensation for unused vacation and recovery of severance pay.

The specific proceedings considered, among other things, the question of whether an employer is obliged to pay compensation to a former employee for involuntary absence from work if the work for the employer in question was the claimant's side job.

Solution

In making its ruling, the court actually agreed with the arguments put forward by the managing partner of the office, stating that the provisions of Article 126 of the Labor Law (compensation for involuntary absence from work or performance of less paid work) are not applicable if the employee has worked in another job with the same or higher pay until the dispute is resolved. When the court made its final decision in the relevant case, the plaintiff's claim against the office's client was dismissed in its entirety.