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The article addresses the legal rules related to employment contracts, specifically the clause that determines compensation in the event of unlawful termination. It clarifies that the system grants the worker a compensation of no less than two months' salary in case of unlawful dismissal, and this compensation should not be undervalued or used as a means to diminish the symbolic compensation set by the system, which aims to protect the worker's rights. It emphasizes that having a nominal amount written in the contract does not nullify statutory rights, and that signing the contract does not necessarily mean equal bargaining power. The article underscores the importance of judicial oversight to verify the actual terms and implications of such clauses, and calls for the Ministry of Human Resources to intervene in regulating the conditions of compensation. Finally, it highlights the importance of implementing legislation effectively and ensuring its proper application to maintain a contractual balance between workers and employers and to prevent the rights established by law from being wasted.
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