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Unfair dismissal relief

In case of unfair dismissal, a worker may file for unfair dismissal and administrative litigation with the Labor Relations Commission, or a complaint with the court of invalidation of dismissal.

□ Unfair dismissal relief overview

○ A worker who has been unfairly dismissed may file a complaint with the court of invalidation of dismissal apart from filing for unfair dismissal and administrative litigation with the Labor Relations Commission.

□ Applying unfair dismissal relief by the Local Labor Relations Commission

○ If the employer dismisses the worker unfairly, the worker may apply for relief to the Labor Relations Commission within three months from the date of the unfair dismissal (Article 28 of the Labor Standards Act).

○ The following are the target cases that may apply to the Labor Relations Commission for unfair dismissal.

  - Where dismissal was made without justifiable reasons

  - Where the requirements for limiting dismissal for management reasons are not met

  - In the case of dismissal in violation of the specific grounds for prohibition of dismissal prescribed by Labor Standards Act, Equal Employment Opportunity And Work-family Balance Assistance Act, Trade Union And Labor Relations Adjustment Act

  - In the case of dismissal due to excessive disciplinary measures, even though there is no reason for dismissal

  - Where dismissal is made in violation of the dismissal procedures prescribed by statutes, collective agreements, or employment rules

  - In the case of dismissal at a time when it is not possible to fire

○ Applying unfair dismissal relief

  - If the user dismisses the worker without justifiable reasons, the worker may apply for relief to the local labor commission under the jurisdiction of the main workplace. (Article 28 (1) of the Labor Standards Act and Article 3 (2) of the Labor Relations Commission Act)

  - Entries of dismissal relief application form

  · Dismissal relief application form shall include the following matters (Article 39 of the Rules of the Labor Relations Commission and Form 9 and Form 9-2 and Form 9-3) :

   ① Worker's name, address

   ② Business owner's name, address (If the employee does not belong to the head office or the head office, the name, address, and name of the representative of the workplace to which the employee belongs are also included)

   ③ Purpose of application (matters that workers want to get relief)

   ④ Reasons for application (state the circumstances of the unjust dismissal and the unfair reasons, in case of dismissal, include the date of receipt of dismissal notice)

   ⑤ Application date

  - Period for applying relief

  · The worker should apply for relief within three months from the date of the unfair dismissal. (Article 28 (2) of the Labor Standards Act and Former part of Article 40 of the Rules of the Labor Relations Commission)

□ Relief of unfair dismissal by court(administrative litigation)

○“With respect to the retrial judgment of the National Labor Relations Commission”, the employer or worker may file a complaint in accordance with the provisions of the Administrative Litigation Act within 15 days from the date of retrial judgment paper. (Article 31 (2) of the Labor Standards Act)

□ Dismissal invalidity confirmation suit(Civil suit)

○ Dismissal invalidity confirmation suit is to confirm the nullification of the dismissal made by unilateral intention of the employer.

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