In short
Reinstatement compensation is put into enforcement from the line in the operative part of the reinstatement judgment on not being started back at work. If the idle period is a separate sentence in the same part, that sentence is read separately. Severance, notice pay, and overtime are not added to this line. This article answers by separating the money item in the reinstatement judgment from enforcement of severance. The opening of the action, the general enforcement of an employment claim, and the opening step of a file on a judgment are not built here.
A period or a wage that is not written in the judgment is not completed by the petition. A wage that is not completed does not become an enforcement item. The sentence in the part on the direction of reinstatement is not a money sentence on its own.
The condition of the sentence on not being started back
The creditor marks, in the operative part, the sentence that will be put into enforcement. The sentence in the direction of reinstatement can say that the worker should return to work. This direction does not give rise to a money item by itself. The money is taken from that writing if compensation for not being started back is written separately in the part. If the sentence is tied to the condition that the worker applied and the employer did not start the worker, the condition is read from that sentence. If both pieces of the condition are not in the file, the item is not treated as having come about.
The application is looked for as the judgment described it. If the judgment says a written application, going orally is not put in place of a written application. If the judgment writes reaching the employer, the paper that shows the reaching is looked for in the file. If there is no paper, the creditor does not assume the reaching. The employer’s state of not starting the worker is tied to the words of the same part as well. If the part tied not starting to a specified writing or act, that writing or act is shown. An act that is not shown is not added from this text.
If the wage is not in the part, or in the wage document in the file, this text does not produce a wage. The period the document shows is the period that is read. If there is no period, the creditor does not choose a period. If more than one wage document conflicts, the conflict is removed with the document the payroll or the judgment points to. If there is no pointer, the creditor does not choose the higher one of their own accord.
The idle period is a separate sentence
If the idle period is written in the operative part by a sentence separate from the compensation for not being started back, it is a separate item. The two sentences are not joined in a single balance. Joining erases the item the judgment separated. If the part gathered the two items in a single sentence and a single result, what is read is the sentence the judgment gathered. Two sentences that do not gather are not pulled onto a single line in the petition.
Which period the idle time relates to is written in the part, or in the document the judgment refers to. If it is not written, the creditor does not invent a period. Even if the employer later started the worker, the idle-period sentence is not erased of its own accord by this starting. Whether it is erased is in the part’s own words. If the part also tied the idle period to the condition of starting, that condition is looked for for this sentence as well. If it did not tie it, the starting writing is not treated as having closed this sentence.
The worker can put in the file a document showing work elsewhere during the idle period. If the part wrote that this work will be deducted from the item, the deduction is read from that writing. If the part did not write such a deduction, neither the creditor nor the debtor adds the deduction from this text. A deduction that is added builds a calculation that is not in the part.
Severance and notice pay are not written into this part
Severance pay is not written into this file if it is not in the same judgment as a separate operative sentence. If it is, that sentence is its own line. It is not gathered with the reinstatement item and made a single claim. Notice pay and overtime are tied to the same rule. An item whose name does not appear in the part is not derived from the sentence in the direction of reinstatement. The sentence in the direction of reinstatement does not mean severance became final in this file as well. The item that became final is the item whose name is written in the part.
The general enforcement of severance, notice pay, and overtime is in the article on enforcement of an employment claim. This text does not repeat that guide’s account of the document, the order, and attachment. If there is more than one money sentence in an employment judgment, each sentence is written into the request for enforcement under its own name. A sentence whose name is not reinstatement, or not being started back, is not the subject of this file. The creditor does not say reinstatement in the heading of the request and put a severance breakdown in the body. The debtor does not count an objection directed at severance as an answer that drops the sentence on not being started back of its own accord. The answer should write which sentence it relates to.
The application document and the starting writing
The application document is the paper showing that the worker made the application the judgment described. The employer’s starting writing is a separate writing that calls the worker to work, or notifies that the worker was started. The two papers are not the same envelope. The starting writing can stand before the application as well as after it. If the judgment tied the item to not being started after the application, the order is the order in the part. This text does not build the order again.
If the employer starts the worker, and the judgment tied the item for not being started back to this condition, that item is not asked for. Whether the starting was actually done is read when the starting writing and the record that the worker began work are placed side by side. If there is only a call writing, and the part looks for starting in fact, the call does not take the place of starting. If there is only the worker not going, and the part looks for the employer not starting the worker, this going is not written as not starting. Which conduct realised the condition is the act in the part.
The opening calendar of the action is in the article on how a reinstatement action is opened. The opening calendar does not build the enforcement item. The period is in the text of the judgment and of the Act. If there is no period in the file, it is not added. This text does not write a period number.
The minute does not close the line of the judgment
If reinstatement closed in mediation, the basis is the minute, not a court judgment. The item in the minute is in the article on enforcement of a mediation minute. The minute does not take the place of the line in the operative part. While there is a judgment, a different price in the minute is not added to the judgment sentence. While there is no judgment, the minute is not presented as the cover of a judgment either. The opening of a file on a judgment is in the article on how enforcement on a judgment is started. Whether the document is a judgment or another basis is in the article on the difference between enforcement on a judgment and without a judgment. These three records do not join the reinstatement item in the operative part with severance.
If the worker and the employer drew up a separate payment document after the judgment, this document does not change the sentence of the judgment of its own accord. If the document writes which item closed, it is read as to that item. If it does not write that, the judgment sentences stand one by one. The receipt should show whether it was counted toward the item for not being started back or toward the idle period. If it does not show that, a single slip is not treated as having closed both sentences.
For the line to be marked in the file, the contact record stands. The record does not add severance that is not in the part. The place that is read is the reinstatement sentences of the operative part.
The request for enforcement should write the sentence in the part under its own name. If the request says only reinstatement compensation, and there are two separate money sentences in the part, which one is asked for is erased. If the creditor wants the sentence on not being started back, the creditor also marks the condition of that sentence in the request. If the creditor wants the idle period, the creditor shows the period of that sentence in the form it was written in the part. If the two items are asked together, the two lines stand apart. A request gathered on a single line covers the result the judgment separated.
If more than one worker was provided for in the same judgment, each worker’s sentence is read in that worker’s own name. One worker’s application document is not treated as having realised the other’s condition. If the employer started one and did not start the other, the item for not being started back is looked for only for the worker who was not started, if the part separated it that way. If the part gathered the workers in a single result, the gathered sentence is read. A part that does not gather is not pulled in the petition into a single worker’s balance.
If the wage document shows a period other than the period the judgment refers to, that document is not written as the wage of this item. If the payroll and the bank statement conflict, and the judgment points to one document, that document is read. If there is no pointer, the creditor does not choose the higher of the two documents. The wage that is chosen builds a multiplication that is not in the part. This text does not make a multiplication.
Conclusion
Reinstatement compensation is put into enforcement from the judgment’s line on not being started back. If the idle period is a separate sentence, it is read separately. The application and starting papers are looked for according to the condition in the part. Severance is not the name of this line. If a period is not in the file, it is not written. The frame sits on the enforcement and bankruptcy law page. The official basis is the text of the Enforcement and Bankruptcy Code No. 2004 and the Labour Act No. 4857.