Section 17-4 Time limits for instituting legal proceedings in disputes concerning dismissal with notice, summary dismissal, suspension, etc.

(1) In a dispute as to whether dismissal with notice, summary dismissal, a breach of the provisions of this Act concerning preferential rights or the lawfulness of a temporary appointment, hiring, or suspension, the time limit for instituting legal proceedings shall be eight weeks. If an employee claims compensation only, the time limit for legal proceedings shall be six months. In individual cases, the parties may agree upon a longer time limit for initiating legal proceedings.

(2) The time limit for initiating legal proceedings pursuant to the first paragraph shall run from the conclusion of negotiations. If negotiations are not conducted, the time limit shall run from the dates referred to in section 17-3, second paragraph.

(3) If the employer's dismissal with notice or summary dismissal does not meet the formal requirements laid down in section 15-4, first and second paragraph, there shall be no time limit for initiating legal proceedings.

(4) In a dispute as to the lawfulness of a temporary appointment, hiring or suspension, there shall be no time limit for initiating legal proceedings.

(5) The employee's right to remain in his post pursuant to section 15-11 shall apply if legal proceedings are instituted before the expiry of the notice period and within eight weeks of the conclusion of negotiations or date of dismissal. The same shall apply if an employee before the expiry of the notice period notifies the employer in writing that legal proceedings will be instituted within eight weeks. The time limits shall not apply if the employer's notice of dismissal does not meet the formal requirements laid down in section 15-4, first and second paragraph, cf. the third paragraph of this section. The court may decide that the employment shall continue, cf. section 15-11 (3), if legal proceedings so claiming are instituted within eight weeks from the date of termination of the employee's post or from the conclusion of negotiations.