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Seoul attorney, please tell me how to claim workplace harassment unemployment benefits.

I am a victim of workplace harassment. In the end, I could not endure the workplace bullying and resigned on my own. I worked there for about a year or more; can I claim workplace harassment unemployment benefits? Because I resigned on my own, I heard a rumor that I cannot claim unemployment benefits.. I would be grateful if you could tell me in detail the requirements for claiming unemployment benefits and how to claim them.

Workplace harassment unemployment benefits

Claim for workplace harassment unemployment benefits

Answer

Published: 2023-06-23

Author : Byung Joon KOH

Even if you resigned on the ground of workplace harassment, you can receive unemployment benefits if certain requirements are met.

Article 40 (1) 3 of the Employment Insurance Act recognizes eligibility for unemployment benefits where the case falls under 'voluntary separation for a justifiable reason,' and workplace harassment is also included in this.

To receive workplace harassment unemployment benefits, first, you must, without delay after resigning, visit the employment center having jurisdiction over your place of residence and file an unemployment report, and you must submit an application for recognition of eligibility for unemployment benefits.

At this time, the employment center reviews whether the reason for the separation meets the eligibility requirements, and materials that can prove that workplace harassment occurred are needed.

For example, the contents of an internal grievance report, text or KakaoTalk conversation contents, recording files, a psychiatric medical certificate, and a colleague's written statement can serve as supporting materials.

Unemployment benefits are paid based on 60% of the average wage before retirement, and can be received for a minimum of 120 days up to a maximum of 270 days.

The payment period varies depending on the worker's age at the time of retirement and the period of employment insurance enrollment, and for example, where a worker under 50 years of age resigns after having been enrolled in employment insurance for 5 to 10 years, they can receive unemployment benefits for 210 days.

As such, even where you resign because you cannot endure workplace harassment, if the reason is justifiable, you can receive workplace harassment unemployment benefits.

However, it is important to secure sufficient evidence to support the relevant facts.

If you are having difficulty collecting evidence or writing a statement, it is desirable to prepare the procedure with the help of a labor attorney or a labor consultant.