Advance notice of dismissal
Advance notice of dismissal
- The employer shall make a notice at least 30 days in advance to dismiss the worker (including dismissal for management reasons), and shall pay at least 30 days in ordinary wages if the notice is not made 30 days in advance. (Body part of Article 26 of the Labor Standards Act)
- Those who violates the notice of dismissal (Article 26 of the Labor Standards Act) shall be sentenced to up to two years in prison or fined up to 20 million won.(Article 110 of the Labor Standards Act)
Exception of dismissal notice
Exception of dismissal notice
- In any of the following cases, the employer may dismiss the employee without prior notice of dismissal. In this case, the employer does not have to pay workers more than 30 days of ordinary wages (Proviso to Article 26 of the Labor Standards Act, Article 4 and attached Table 1 of Enforcement Rules of the Labor Standards Act) :
· If the worker’s term of continuous employment is less than 3 months
· Where it is impossible to continue the business due to natural disasters or other unavoidable reasons
· If anemployee falls under any of the following casesby intentionally causing a severe disruption to business or causing property damage :
√ In the case of receiving money and valuables or entertainment from suppliers and receiving defective goods, causing disruptions in production
√ In the case of a traffic accident caused by letting another person drive a commercial vehicle
√ Where confidential or other information of the business is provided to other competing business operators, etc., causing a disruption to the business
√ In the case of spreading false information or leading illegal collective action, causing a huge disruption to the business
√ In the case of misappropriation, long-term use, embezzlement or breach of trust of public funds by using a position, such as improperly pocketing revenues from the transportation of commercial vehicles
√ In the case of secretly stealing or illegally taking out products or raw materials, etc.
√ Where an employee in charge of personnel affairs, accounting, or accounting caused damage to the business by manipulating the employee's work status or preparing false documents, etc.
√ In the case of intentionally damaging the property of the place of business, causing a huge disruption to production
√ Other cases where it is recognized that the social convention intentionally interfered with the business or caused property damage
Effect of dismissal without dismissal notice
Effect of dismissal without dismissal notice
- The dismissal notice system is not a system that prohibits the layoff itself, but rather a system that requires a certain grace period or a payment of a pre-announcement allowance in the event of dismissal, so dismissal that violates the notice obligation of layoff is also valid. (Constitutional Court, Jul. 19, 2001, 99 Hunma 663)