Employment Law FAQ
I was fired, what should I do?
First identify the termination reason. Apply to mandatory mediation within 1 month of service of the termination notice; if mediation fails, file the lawsuit within 2 weeks from the final mediation report.
How is severance pay calculated?
30 days of your last gross salary is paid for each full year.
I'm not receiving overtime pay, what can I do?
Keep your overtime records and consult a lawyer. You can claim up to 5 years back.
I had a work accident, what are my rights?
You can claim temporary disability allowance from SSI and material/moral compensation from the employer.
I'm being subjected to mobbing, what should I do?
Collect evidence, complain to HR, and if you don't get results, terminate with just cause and file a lawsuit.
Can I receive severance pay if I resign?
As a rule, a resigning employee cannot claim severance. Exceptions include just-cause termination by the employee (unpaid wages, unregistered work, mobbing — Labor Law Art. 24), retirement, military service, and a female employee leaving within 1 year of marriage.
How many weeks is the notice period by tenure?
2 weeks for less than 6 months of service, 4 weeks for 6 months to 1.5 years, 6 weeks for 1.5 to 3 years, and 8 weeks beyond 3 years (Labor Law Art. 17). Non-compliance triggers notice pay.
How long does a reinstatement lawsuit take?
Mediation concludes within weeks; the litigation stage varies with court workload and appeals. Although the law envisages expedited proceedings, total duration differs case by case.
What is the limitation period for labor receivables?
Severance, notice, overtime and annual leave claims are subject to a 5-year limitation period (introduced by Law 7036), generally running from the termination date.