ABSTRACT

Provisionally Re-Instatement of the Plaintiff Employee in the Re-Instatement Litigation If the employee is treated as unfairly dismissed where the employer terminates the labour contract, the employee has the right to claim a judicial order for his re-instatement from labour court within the framework of the protection of employees. In re-instatement reengagement litigation, the trial process may take a long time. Until the employee is ordered to be re-instated, he or she has to work. In the trial process the employee can be ordered re-instatement provisionally by the judicial order. Provisionally re-instatement of the employee is a kind of performance order within the context of provisional protective measures. Because the employer is ordered to performance of an act by the judicial order in this provisional protective measure. Ordering for provisionally re-instatement of the employee as a performance order is necessary to avert a risk to the livelihood of the employee during the re-instatement litigation process