[Beyond Post Reporter Shin Kim] Workers face great difficulties in maintaining their livelihood when their employer unilaterally terminates their employment relationship regardless of their will. Therefore, the Labor Standards Act prohibits employers from dismissing workers without justifiable reason, and operates several systems to ensure that workers who have been unfairly dismissed can receive relief.
First of all, in order to proceed with a legal dispute on the grounds of unfair dismissal, it is necessary to first determine whether the employee's status is recognized under the law. At this time, under the Labor Standards Act, whether an employee is an employee must be judged based on the substance of the work, not the formal content.
The standard may be whether the worker is subordinate to the company and has worked under the company's direction and supervision for a certain period of time. Therefore, even if you are a temporary worker rather than a regular worker, your status as an employee can be recognized if you have renewed your initial employment contract and have continued to work for more than two years.
In addition, a person is not excluded from worker status under the Labor Standards Act simply because he or she has been paid an amount after deducting business income tax rather than earned income tax or is not enrolled in the four major insurance policies.
If the company takes a dismissal action without considering these factors, it is clearly an unfair dismissal, so it must apply to the local labor committee for relief or even consider legal action such as a lawsuit to cancel unfair dismissal. For relief from the local labor committee, an application must be submitted to the local labor committee located in the location of the workplace where the worker worked. If you wish to file a lawsuit against the decision of the Local Labor Relations Commission, you may apply for an additional review of unfair dismissal at the National Labor Relations Commission. If you are still dissatisfied with the retrial, you must file a lawsuit to cancel unfair dismissal and contest the legitimacy of the dismissal.
Attorney Ahn Seung-jin of Daeryun Law Firm said, "If unfair dismissal is recognized, the worker can be reinstated and receive wages not received during the period of dismissal. Therefore, the conflict between workers and companies surrounding unfair dismissal is an issue that places a burden on both parties, so we must consult with a labor lawyer with extensive experience in related cases, sufficiently refer to precedents and legal principles, and then respond logically."
View full article - The issue of unfair dismissal, which is a burden on both the company and the worker, must be thoroughly reviewed by law first.
