What should the employer do if they mistakenly terminate an employee?

Pursuant to Clause 1, Article 41 of the Labor Code 2019 stipulating the obligations of the employer when unilaterally and illegally terminating the labor contract as follows:

- Must reinstate the employee to work according to the signed labor contract;

- Must pay wages, and contribute to social insurance, health insurance, and unemployment insurance during the days the employee is not allowed to work;

- Must additionally pay the employee an amount of at least 02 months' salary according to the labor contract.

- In case the position and job stipulated in the labor contract no longer exist but the employee still wants to work, both parties shall agree to amend and supplement the labor contract.

- In case of violation of the notice period stipulated in Clause 2, Article 36 of this Code, an amount of money equivalent to the salary according to the labor contract for the days not notified in advance must be paid.

The above are the tasks you must carry out when unilaterally and illegally terminating the labor contract with the employee. You should base your actions on these regulations for accurate implementation.

Respectfully!