Article 394. Judgements in labour disputes on dismissal and transfer

If an employee is found to be dismissed or transferred to another job, he or she must be reinstated by the body dealing with the individual labour dispute. In the case of individual labour disputes, it is decided to pay the employee an average wage for the entire period of forced absence or the difference in earnings for the entire period of less than paid work. An employee ' s application by an individual labour dispute authority may be limited to the award of compensation to the employee in favour of the said part of this second article. On the basis of the employee ' s application, the authority that hears the individual labour dispute may decide to change the wording of the grounds for dismissal to that of dismissal. If the wording of the reason and/or the reason for dismissal is found to be incorrect or not in accordance with the law, the individual labour dispute court is obliged to change and to state in the decision the grounds and reasons for dismissal, in strict conformity with the wording of this Code or other federal law, with reference to the relevant article, part of the article, punk If dismissal is found to be unlawful and the period of the employment contract has expired during the hearing of the dispute by the court, the court hearing the individual shall decide whether or not the dismissal is unlawful. If, in the cases provided for in this article, after recognition of dismissal, the employment contract must be reworded as a reason for dismissal. The court decides not to re-establish the employee but to reword the grounds for dismissal, the date of dismissal must be changed by the date of the court ' s decision. By the time the decision was made, the employee, after the contested dismissal, had entered into a labour relationship with another employer, the date of dismissal must be changed to the date preceding the day of dismissal. If the reason and/or reason for dismissal in the employment record or employment records (art. 66.1 of the present Code) is not correctly stated In cases of dismissal without legal grounds or with violation of the law, the court decides to pay the employee an average wage for the entire period of forced absence. The court may, at the request of the employee, order compensation for the employee ' s moral injury, The amount of this compensation shall be determined by the court.