First, to know if the employer has dismissed or unilaterally terminated the labor contract is illegal, please refer to the following articles:
- What should I do when I am dismissed?
- What should I do when the company terminates the labor contract?
If there is a legal basis to confirm that the dismissal or the unilateral termination of the labor contract is illegal, according to Article 41 Labor Code 2019 (Article 42 Labor Code 2012), the employer must perform the following obligations:
- Shall reinstate the employee and pay the salary, social insurance, health insurance and unemployment insurance premiums for the period during which the employee was not allowed to work.
- Pay at least 02 months’ salary specified in the employment contract.
- If the employer does not wish to reinstate the employee and the employee agrees, the employer must pay at least 2 months’ salary under the employment contract in order to terminate the employment contract.
- If the employer does not comply with the provisions on notice period, the employer must pay a compensation that is worth the employee’s salary for the remaining notice period from the termination date.
