2023년 2월 26일 일요일

Protection for Korean layoff

Dear K-law, I am reaching out to you as an employee of a company that has informed us of an impending layoff affecting approximately 25 workers. I have heard that according to the Korean Labor Law, an employer cannot terminate employees without just cause. Can you confirm if this information is correct, and provide guidance on what steps I can take? Thank you, A Concerned Employee. The Korean Labor Law provides some protection for employees from dismissals by employers, but not much for those dismissed due to serious economic difficulties faced by the employer. The law requires employers to have a just cause for termination, and while "urgent managerial necessity" is considered just cause, the employer must still make every effort to avoid layoffs and must select those to be laid off in a reasonable and fair way. If a labor union represents the workers to be laid off, the union must be consulted in good faith and notified within 60 days. After a layoff, an employer must give preferential treatment to former employees if they wish to increase the number of workers within two years. Employees who believe their employer is violating the law can file a complaint with the Labor Relations Commission, a prosecutor's office, or a local court, with the Labor Commission being the easiest option for resolving disputes.

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