Unfair dismissal in Korea: dismissal notice, written notice and the remedy application
A workplace with 5 or more regular workers cannot dismiss you without a fair reason. The rules on advance notice and written notice, the remedy application to the Labor Relations Commission (within 3 months), and the workplace change period for E-9 workers.
If your employer suddenly says “Don’t come in from tomorrow”, first check the size of the workplace and how you were dismissed. These decide which rules apply.
It depends on the size of the workplace
| Rule | 5 or more regular workers | Fewer than 5 |
|---|---|---|
| No dismissal without a fair reason (Labor Standards Act, Article 23) | Applies | Does not apply |
| Advance notice or pay in lieu of notice (Article 26) | Applies | Applies |
| Written notice of the reason and date (Article 27) | Applies | Does not apply |
| Unfair dismissal remedy application to the Labor Relations Commission (Article 28) | Possible | Generally difficult |
Even at a workplace with fewer than 5 workers, you must be paid for the time you worked, and you must get severance pay if you meet the conditions. Counting “5 regular workers” can be complicated, so if you are not sure, check with the Ministry of Employment and Labor or a certified labor attorney (노무사).
Advance notice: 30 days before
- To dismiss you, the employer must tell you at least 30 days in advance (Article 26).
- If they did not tell you 30 days before, they must pay at least 30 days of ordinary wage (pay in lieu of notice, 해고예고수당).
- This rule also applies to workplaces with fewer than 5 workers.
- It does not apply if you worked there for less than 3 months in a row. The law also sets some other exceptions.
- Advance notice is a separate rule from whether there is a fair reason for the dismissal.
Dismissal must be given in writing
At a workplace with 5 or more regular workers, the employer must tell you the reason and the date of dismissal in writing. A dismissal that is not given in writing has no effect (Article 27). If you were only told “stop coming” out loud, ask for a written dismissal notice and keep a record of that conversation.
Remedy application to the Labor Relations Commission: within 3 months
- 1
Collect evidence
Collect your employment contract, dismissal notice, text and messenger chats, payslips and records of your working hours.
- 2
Get advice
You can call the Ministry of Employment and Labor customer centre at 1350. Foreign workers can get advice in several languages from the Foreign Workforce Counseling Center at 1577-0071. Advice from a certified labor attorney (노무사) also helps.
- 3
Apply for a remedy
Within 3 months from the day you were dismissed, apply to the Regional Labor Relations Commission (지방노동위원회) for a remedy for unfair dismissal (Article 28). After 3 months it is hard to apply, so do not wait. Check how to apply on the Labor Relations Commission website (nlrc.go.kr).
- 4
Attend the hearing
The Commission listens to you and your employer and makes a decision. When you are contacted, go with your documents.
E-9 workers: watch the workplace change deadlines
- When your employment contract ends, for example because you were dismissed, you must apply to the Job Center (고용센터) for a workplace change within 1 month.
- You must get the change approved within 3 months from the day you applied (Act on the Employment of Foreign Workers, Article 25).
- If you miss these deadlines, you may have to leave Korea.
- How a remedy application and the workplace change period fit together can depend on your situation. If you are dismissed, contact the Job Center or the Foreign Workforce Counseling Center (1577-0071) right away.
