Dismissal for disability
Dismissal for disability
- Justification of dismissal on the grounds of disability shall be judged reasonably by taking into account the following circumstances comprehensively (Supreme Court Decision Dec.6, 1996, 95 Da 45934) :
· How the worker suffered physical disability and whether the accident was attributable to the employer or caused by a job injury
· The duration of treatment for workers and the degree of loss of labor capacity after treatment is completed
· Characters and contents of the work that the employee was in charge of at the time of the accident
· The existence and contents of the work that an employee can handle with his or her remaining labor capacity
· Whether the employee with physical disability has been given consideration, such as coordinating the work in charge, to return to work
· A worker's adaptation effort to take on new tasks with the care of the employer
Dismissal for absent without leave
Dismissal for absent without leave
- In the case that the employment rules use absence without leave as a reason for dismissal or disciplinary action, it is justifiable to fire an employee for reasons such as absence without leave under the above regulations unless there is a special reason. (Supreme Court Decision Apr. 24, 1992, 91 Da 17931)
Where disciplinary dismissal is prescribed based on the number of days of absence for a certain period or more in the employment rules
- If the employment rules stipulate the reason for dismissal based on the number of days of absence for a certain period of time or longer, it should be interpreted in a limited way that the meaning is that a total of days of absence have been made without leave within a certain period of time deemed significant. (Supreme Court Decision May. 26, 1995, 94 Da 46596)
Method for calculating the number of absent days for special types of work, such as alternate days or shifts
- If calculating the number of days of absence for a person who has been absent continuously for a certain period of time without doing normal work, the number of days off on the premise of normal work is not deducted. (Supreme Court Decision May.9, 1989, 88 Daka 46277)
Dismissal for insincere work (poor working attitude)
Dismissal for insincere work (poor working attitude)
- Justification of dismissal for lack of work is strictly judged.
Dismissal for violating work order, personnel order
Dismissal for violating work order
- If the work order is unreasonable, the dismissal for the reason of the denial will be invalid. On the other hand, if the order is legitimate, the denial constitutes a reason for dismissal.
Dismissal for violating personnel order, such as relocation
- If a worker fails to report to the company in protest of an order regarding personnel transfer, such as transfer or transfer, this may constitute a reason for dismissal as unauthorized absence or violation of the company's legitimate order under the employment rules or collective agreement. In this case, whether the reason for dismissal is justifiable or not is based on the legitimacy of the employer's transfer or transfer.
Dismissal for false on the resume
Dismissal for false on the resume
- In the case of a false resume, only if it is deemed that the employer would not have entered into an employment contract or at least not under the same conditions had he been aware of the false entry of his educational background or career in advance, it can be used as a legitimate reason for dismissal of workers. (Supreme Court Decision Dec. 21, 1999, 99 Da 53865)
Dismissal for causing damage to the company due to embezzlement, breach of trust, theft, or serious accident, etc.
Dismissal for causing damage to the company due to embezzlement, breach of trust, theft, or serious accident, etc.
- For causing damage to the company due to embezzlement, breach of trust, theft, or serious accident, etc, this constitutes a grave violation of a worker's duty of integrity under a labor contract, so the legitimacy of dismissal may be recognized if a cause exists, such as embezzlement, breach of trust, theft, or negligence.
Dismissal for conviction
Final judgment of conviction
- If the collective agreement or employment rules simply specify that "if a conviction has been found guilty", herein a conviction generally means "a final judgment of conviction" in accordance with the principle of presumption of constitutional innocence that the conviction is presumed innocent until it is upheld.
Leave for prosecution
- If an employee is arrested for a criminal offense, he/she shall take a leave of absence. In addition, if the reason for retirement is defined as the reason for ex officio retirement due to imprisonment, the purpose of this measure is to dispose of the employee's retirement plan based on the fact that the employee is unable to provide the basic duty of work on the contract due to the circumstances of the worker's long-term absence due to long-term imprisonment, not only until the first judgment on the expiration of the period of his/her leave. Here, "judgment of guilt" means "judgment of imprisonment". (Supreme Court Decision Nov.13, 1992, 92 Nu 6082)
Dismissal for abusive language, assault, etc
Dismissal for abusive language, assault, etc
- In the case of a worker's dismissal for a violent event, there is a justifiable reason that the disciplinary dismissal does not constitute an abuse of disciplinary authority, especially considering the circumstances before and after the flight, such as the motive and circumstances of the flight.
Dismissal for illegal union activities
Dismissal for illegal union activities
- According to the precedent, workers must meet all of the following requirements in order for their actions to be recognized as legitimate union activities (Supreme Court Decision Sep.25, 1992, 92 Da 18542) :
· First, because of the character of action, it should be regarded as an activity for the union's work, or as implied or approved by the union. (character)
· Second, it is necessary to maintain and improve working conditions and improve the economic status of workers, and to help strengthen the unity of workers. (purpose)
· Third, it should be done outside of business hours unless there is a separate permissible provision in the rules of employment or collective agreement, or the consent of labor practices or employers. (time)
· Fourth, union activities in the workplace shall be subject to reasonable rules or restrictions based on the employer's right to manage facilities and not by means of violence or sabotage. (methods)
Dismissal for illegal strike
Dismissal for illegal strike
- A dismissal for an illegal dispute shall not be a reason for disciplinary dismissal if the dispute caused by the disciplinary action is a legitimate dispute.
- According to the case, in order for a dispute to be justified, it must meet all of the following requirements. (Supreme Court Decision Oct.25, 2001, 99 Do 4837)
· First, it should be the subject of collective bargaining.
· Second, the purpose should be to create autonomous negotiations between labor and management to improve working conditions.
· Third, when an employer refuses to engage in collective bargaining on specific demands for improvement of working conditions, he/she shall go through the procedures prescribed by the statutes, such as a decision on the approval of the members unless there is a special reason.
· Fourth, the means and methods should be in harmony with the employer's property rights and should not constitute an exercise of violence.
Dismissal for misconduct of privacy
Dismissal for misconduct of privacy
- Since the employer's right to discipline workers is intended to maintain discipline and order within the extent necessary to facilitate business activities, the misdeed in workers' private lives may be a legitimate reason for disciplinary action only if it is directly related to business activities or is feared to undermine the corporate social evaluation. (Supreme Court Decision Dec. 13, 1994, 93 Nu 23275)