Employee consent to extend notice period does not equal consent to rescind invalid dismissal.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding an employee's claim for damages due to an invalid dismissal. The lower courts held that the employee's agreement to extend the notice period constituted consent to a settlement, thereby waiving the right to damages. The Supreme Court ruled that consent to extend the notice period is legally distinct from consent to withdraw the invalid dismissal or agree to a settlement. Consequently, the employee remains entitled to damages under Article 45 of the Labor Code.
Legislator headnote
AI generatedArt. 36 § 6 KP; Art. 45 § 1 KP: An employee's consent to extend the notice period of termination does not equate to consent to rescind the invalid dismissal or to a settlement agreement, and thus does not deprive the employee of the right to claim damages.