Employee cannot seek work certificate correction regarding employer-initiated termination without notice without prior wrongful termination claim.
Legislator summary
AI generatedThe Supreme Court dismissed the legal question regarding whether an employee can correct a work certificate without first filing a wrongful termination lawsuit. The court rejected the view that a certificate correction claim constitutes a separate legal interest distinct from challenging the termination itself. Consequently, the court ruled that such a certificate cannot be corrected unless the employee has already pursued the specific remedy for the unlawful termination.
Legislator headnote
AI generatedArt. 97 § 21 k.p.; Art. 56 k.p.: An employee may not effectively seek correction of a work certificate regarding the termination method without first filing a lawsuit for wrongful termination, as the certificate does not create subjective rights and the termination remains legally effective until properly challenged.