Written notice of dismissal reasons, etc
Written notice of dismissal reasons, etc- In order to fire a worker, the employer shall notify the reason for dismissal and the timing of dismissal in writing. (Article 27 (1) of the Labor Standards Act)
- A worker's dismissal shall be effective only if they are notified in writing according to the above. (Article 27 (2) of the Labor Standards Act)
- If the employer made the foregoing notice in writing stating the reasons for dismissal and the timing of dismissal, the notice above shall be deemed to have been given. (Article 27 (3) of the Labor Standards Act)
Howto notify in writing-When the employer notifies the reasons for dismissal in writing, it issufficient insofar as the written notice provides the specific reason fordismissal under the circumstances of the employee, regardless as to how youname it, such as dismissal notice (Supreme Court Decision 2021Du36103 DecidedJuly 29, 2021)
Descriptionof the reasons for dismissal-When the employer notifies the reasons for dismissal in writing, the employer shallmake sure that the employee knows the detailed reasons for dismissal (SupremeCourt Decision 2015Du48136 Decided November 27, 2015).
Dismissalby any means other than in writing, such as oral notice- Wherean oral notice of dismissal without any written notice is made, it shall bedeemedineffective as it does not have procedural justification pursuant to Article27(2) of the Labor Standards Act.
- Even if the dismissal is not made in writing, itis not possible to apply for relief if the period of application for unfairdismissal relief (within 3 months from the date of the unfair dismissal) haspassed, and thus, the application for relief shallbe filed during the period of application for unfair dismissal relief (Article28 of the Labor Standards Act).