IN A REINSTATEMENT LAWSUIT FILED BY A SUBCONTRACTOR'S EMPLOYEE, WHO BEARS THE OBLIGATION OF REINSTATEMENT?

IN A REINSTATEMENT LAWSUIT FILED BY A SUBCONTRACTOR'S EMPLOYEE, WHO BEARS THE OBLIGATION FOR REINSTATEMENT?

In a lawsuit for invalidity of termination and reinstatement filed jointly against both the subcontractor and the principal employer in a principal-subcontractor relationship, since the plaintiff is an employee of the subcontractor and the employment contract was terminated by the subcontractor, the obligation for invalidity of termination and reinstatement belongs to the subcontractor. As the principal employer does not hold the status of a party to the employment contract, no obligation for reinstatement can be attributed to the principal employer. The principal employer is jointly liable with the subcontractor for the compensation for not reinstating the employee and for up to four months of wages for the idle period resulting from the employee’s application to return to work following a reinstatement decision and the subcontractor's failure to reinstate the employee.