Dismissed Worker | Easy to Find, Practical Law

Restriction on dismissal reasons under Labor Standards Act

Prohibit dismissal for notification of employers' violation of the statute

- If a business or place of business violates the Labor Standards Act or the Enforcement Decree of the Labor Standards Act, the worker may notify the Minister of Employment and Labor or the Labor Inspector. (Article 104 (1) of the Labor Standards Act)

- The employer shall not dismiss or treat workers unfavourably with the above notification. (Article 104 (2) of the Labor Standards Act)

Restriction on dismissal reasons under Equal Employment Opportunity And Work-Family Balance Assistance Act

Prohibition of dismissal on the grounds of gender

- The employer should not discriminate between men and women in the retirement age, retirement, and dismissal of workers. (Article 11 (1) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

Prohibition of dismissal for claims of sexual harassment damages.

- The employer shall not dismiss, dismiss, fire, or take any other unfavorable treatment who report sexual harassment, etc. as unfavourable. (Subparagraph 1 of Article 14 (6) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

Prohibition of dismissal for childcare leave

- The employer should not shall not dismiss or treat workers unfavourably for childcare leave. (Article 19 (3) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

Prohibition of dismissal due to shorter working hours during childcare period

- The employer shall not dismiss or treat workers unfavourably for shorter working hours during the childcare period. (Article 19-2 (5) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

Prohibition of dismissal for maternity leave of spouse

- The employer shall not dismiss or treat workers unfavourably for their spouse's maternity leave. (Article 18-2 (5) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

Prohibition of dismissal for shortening working hours for family care, etc.

- The employer shall not dismiss or treat workers unfavourably for shorter working hours for family care. (Article 22-3 (5) of Equal Employment Opportunity And Work-Family Balance Assistance Act)

※ The effective date of the prohibition of dismissal due to shorter working hours for family care, etc. is as follows: Article 2 of Addendum of the Equal Employment Opportunity And Work-Family Balance Assistance Act(Act No. 16558 2019.8.27. Revised, 2019 10. 01. Enforced)

√ A business or business establishment with more than 300 workers, public institutions defined in Article 4 of the Act on the Management of Public Institutions, local public corporations under Articles 49 and 76 of the Local Public Enterprises Act, an institution or organization in which the State, local governments or government-invested institutions have invested more than one-half of their capital or contributed more than one-half of their basic property, an institution or organization in which the institution or organization has invested more than one-half of its capital or has contributed more than one-half of its basic property, Institutions of State and Local Governments: January 1, 2020

√ A business or business establishment that has 30 to 300 workers: January 1, 2021

√ A business or business establishment that has fewer than 30 workers: January 1, 2022

Restrictions on the reasons for dismissal under Trade Union And Labor Relations Adjustment Act

Prohibit dismissal due to union membership, activity and reporting unfair labor practices

- The employer shall not dismiss or penalize the worker because the worker has joined or intends to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union. (Subparagraph 1 of Article 81 (1) of Trade Union And Labor Relations Adjustment Act)

- The employer shall not dismiss or penalize the worker because the worker has participated in justifiable collective activities, or because eported to or testified before the Labor Relations Commission the fact that the employer has violated the provisions of Article 81 of the Labor Union and Labor Relations Adjustment Act, or because the worker has presented other evidences to the relevant administrative agencies. (Subparagraph 5 of Article 81 (1) of Trade Union And Labor Relations Adjustment Act)

Restrictions on the reasons for dismissal Act on The Protection, etc. of Fixed-Term And Part-Time Employees

Prohibit dismissal of part-time workers or short-term workers on the grounds of application for correction of discriminatory treatment

- The employer shall not dismiss or penalize the worker because the part-time or part-time worker has committed any of the following acts (Article 16 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees) :

· Refusal of employers' unreasonable demands for overtime work under Article 6 (2) of Act On The Protection, etc. of Fixed-Term And Part-Time Employees

· Applying for correction of discriminatory treatment under Article 9 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Attendance and statement to the Labor Relations Commission under Article 10 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Applying for retrial or filing an administrative litigation under Article 14 of Act On The Protection, etc. of Fixed-Term And Part-Time Employees

· Report failure of corrective orders under Article 15 (2) of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Notice to supervisory institution under Article 18 of Act On The Protection, etc. of Fixed-Term And Part-Time Employees

Restriction of reasons for dismissal under Act on The Protection, etc. of Temporary Agency Workers

Prohibition of dismissal of a temporary agency worker due to an application for correction of discriminatory treatment, etc.

- The employer shall not dismiss or penalize the temporary agency worker because the worker has committed any of the following acts (Article 21 (3) of Act on The Protection, etc. of Temporary Agency Workers and Subparagraph 2·3 of Article 16 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees) :

· Applying for correction of discriminatory treatment under Article 9 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Attendance and statement to the Labor Relations Commission under Article 10 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Applying for retrial or filing an administrative litigation under Article 14 of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

· Report failure of corrective orders under Article 15 (2) of Act on The Protection, etc. of Fixed-Term And Part-Time Employees

- If the employer has four or fewer workers, this shall not apply. (Article 21 (4) of Act on The Protection, etc. of Temporary Agency Workers)

Restriction of dismissal reasons under the Occupational Safety and Health Act

Prohibit dismissal for reasons such as suspension of work in case of industrial accident

- When a worker has stopped work and evacuated due to an urgent risk of an industrial accident, the worker shall report the fact to the superior without delay, and the superior shall take appropriate action. (Article 52 (1),(2) of the Occupational Safety and Health Act)

- If there is a reasonable basis to believe that there is an imminent risk of industrial accidents, the employer shall not dismiss or treat unfavourably workers who have been evacuated after suspending work as above. (Article 52 (4) of the Occupational Safety and Health Act)

Prohibit dismissal for reporting violations of the statute.

- If a workplace violates an order under the Occupational Safety and Health Act, the worker may report it to the Minister of Employment and Labor or the labor supervisor. (Article 157 (1) of the Occupational Safety and Health Act)

- The employer shall not dismiss or treat the worker unfavourably for the reason of the above report. (Article 157 (3) of the Occupational Safety and Health Act)

Restriction of dismissal reasons under Act On The Prohibition Of Discrimination Against Persons With Disabilities, Relief Against Infringement Of Their Rights, etc.

Prohibition of discrimination in dismissal for the disabled

- The employer shall not discriminate against persons with disabilities in recruitment, employment, wages and benefits, education, placement, promotion, transfer, retirement, retirement, or dismissal. (Article 10 (1) of Act On The Prohibition Of Discrimination Against Persons With Disabilities, Relief Against Infringement Of Their Rights, etc)

Restriction of dismissal reasons under Act On Prohibition Of Age Discrimination In Employment And Elderly Employment Promotion

Prohibit discrimination in dismissal for the age

- The employer shall not discriminate against workers or persons who wish to become workers for age without reasonable reason for the following areas. (Article 4-4 (1) of Act On Prohibition Of Age Discrimination In Employment And Elderly Employment Promotion)

· Recruitment and Recruitment

· Payment of money and valuables other than wages and benefits

· Deployment, transference

· Retirement and dismissal

- If the above application results in particularly adverse consequences for a particular age group by applying criteria other than age without reasonable reasons, it is considered as age discrimination. (Article 4-4 (2) of Act On Prohibition Of Age Discrimination In Employment And Elderly Employment Promotion)

Prohibit discrimination in dismissal for petition, submission of data, etc

- The employer shall not dismiss, transfer, discipline, or otherwise treat workers at any disadvantage on the grounds of petition, submission of data, etc. (Article 4-9 of Act On Prohibition Of Age Discrimination In Employment And Elderly Employment Promotion)

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