Employee can claim full civil damages for employer's breach of duty to register residence, no labor law cap applies.
Legislator summary
AI generatedThe Supreme Court remanded the case to the appellate court to retry the damages claim. The employee argued that the employer failed to register his residence after the construction project ended, causing him to lose job opportunities abroad. The court held that while the Civil Code allows full damages for such breaches, the Labor Code does not restrict this specific type of loss. Consequently, the general principle limiting damages for voluntary contract termination does not apply here because the loss stemmed from a distinct breach of duty unrelated to the contract's dissolution.
Legislator headnote
AI generatedArt. 471 KC; Art. 300 KP: An employee may claim full compensation under the Civil Code for damages resulting from an employer's failure to perform contractual duties, as the Labor Code does not establish a general principle limiting such compensation.