Applying unfair dismissal relief
Applying unfair dismissal relief
- If the user dismisses the worker without justifiable reasons, the worker may apply for relief to the local labor commission under the jurisdiction of the main workplace. (Article 28 (1) of the Labor Standards Act and Article 3 (2) of the Labor Relations Commission Act)
Entries of dismissal relief application form
Entries
- Dismissal relief application form shall include the following matters (Article 39 of the Rules of the Labor Relations Commission and Form 9 and Form 9-2 and Form 9-3) :
· Worker's name, address
· Business owner's name, address (If the employee does not belong to the head office or the head office, the name, address, and name of the representative of the workplace to which the employee belongs are also included)
· Purpose of application (matters that workers want to get relief)
· Reasons for application (state the circumstances of the unjust dismissal and the unfair reasons, in case of dismissal, include the date of receipt of dismissal notice)
· Application date
Request for supplementation
- If the application is partially omitted or the details of Article 39 of the Rules of the Labor Relations Commission are unclear, the head of the local labor commission may request correction for a fixed period. (Article 41 of the Rules of the Labor Council)
Add or change the purpose of the application
- If a worker wants to change the purpose of the application by adding the purpose of the application or changing the disposition of disciplinary action after filing an application for unfair dismissal relief, the purpose of the application may be added or changed with approval from the Labor Relations Commission without applying for a new relief. (Article 42 (1) of the Rules of the Labor Relations Commission)
- When the competent Local Labor Relations Commission approves the addition or alteration of the intent of the application pursuant to the above, it shall notify the other party (requested person) in writing without delay. (Article 42 (2) of the Rules of the Labor Relations Commission)
Period for applying unfair dismissal relief
Period for applying relief
- The worker should apply for relief within three months from the date of the unfair dismissal. (Article 28 (2) of the Labor Standards Act and Former part of Article 40 of the Rules of the Labor Relations Commission)
Due date
- In the event of filing an application for unfair dismissal relief, the date of its commencement shall be as follows ((1), (2) and (4) of the latter part of Article 40 of the Rules of the Labor Relations Commission) :
· In the case of dismissal, the date of dismissal stated in the notice of dismissal received by the employee pursuant to Article 27 of the Labor Standards Act
※ However, if the dismissal date stated in the dismissal notice is earlier than the date the dismissal notice was received, the date the dismissal notice was received.
· Original Date in case of a disciplinary review procedure
※ However, the date of retrial in the following cases
√ When the original disposition was canceled and a new disciplinary action was taken in the process of reconsideration of disciplinary action
√ When the original disposition is changed in the retrial process of disciplinary action
√ Where a collective agreement, employment rules, etc. stipulates that the validity of the original disposition shall be suspended until a reconsideration is decided upon a retrial