Simple & Easy Law Info

Simple & Easy Law Info

Dismissed Worker

Dismissed Worker / Unfair Dismissal www.easylaw.go.kr / Easy to Find, Practical Law Logo



What should I do if I got fired unfairly?



Application for unfair dismissal remedy If an employer dismisses a worker without justifiable reasons, the worker may apply to the Labor Relations Commission for remedy within three months from a date of unfair dismissal.



Cases of application for unfair dismissal remedy Subjects of remedy ● Where an employer dismissed its worker without justifiable causes ● Where requirements for restrictions on dismissal for managerial reasons were not met ● Where an employer dismissed its worker in violation of specific causes for prohibition of dismissal as prescribed by the Labor Standards Act, the Equal Employment Opportunity and Work-Family Balance Assistance Act, the Trade Union and Labor Relations Adjustment Act, etc. ● Where an employer dismissed its worker by setting and applying disciplinary action to an excessive extent although grounds for such dismissal does not fall under that for dismissal ● Where an employer dismissed its worker by breaching dismissal procedures under the relevant laws, collective agreements, or employment rules ● Where an employer dismissed its worker at the time when the dismissal was not permitted



Unfair Dismissal Remedy Procedures Aggrieved party (worker) → (Within three months) Apply for remedy to a local Labor Relations Commission → Investigationexaminationjudgment ① Order for remedy → Recovery ② Dismissal or rejection → (Within 10 days) Apply for re-examination to the Central Labor Relations Commission → Order for remedy – Recovery or → Dismissal or rejection - (Within 15 days) Administrative litigation



Unfair Dismissal Remedy by Civil Suit ● A worker who got fired unfairly may file a lawsuit for confirmation of nullity of a dismissal with the court ● The foregoing lawsuit is intended to seek confirmation of nullity of the dismissal that is based on unilateral intention of an employer ● Since an application for unfair dismissal remedy and a civil lawsuit for confirmation of nullity of a dismissal are separate systems, the two can be selected or progressed at the same time



For detailed legal information, please refer to 「Dismissed Worker」 in easylaw.go.kr www.easylaw.go.kr / Easy to Find, Practical Law Logo


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