Legal Q&A

Tired of non-expert, ad-driven answers to your legal questions?
Daeryun's specialist attorneys are here to answer.

Daegu attorney, is it possible to file for remedy for unfair dismissal?

Not long after giving birth, I was dismissed by my company. I was pressured to submit a resignation letter on the ground that they had found a replacement worker. These days the country is providing as much support as possible to encourage people to have children, yet I was dismissed instead, which feels like going against the times. Can I report this as an unfair dismissal by the employer? Is this a violation of the Labor Standards Act? Daegu attorney, I would appreciate an accurate answer.

Unfair dismissal

Childbirth

Violation of the Labor Standards Act

Answer

Published: 2023-06-28

Author : Byung Joon KOH

Hello. This is a Daegu attorney.

I am very sorry to hear that you were dismissed by your company right after giving birth and were pressured to submit a resignation letter.

To begin with the conclusion, such a dismissal is very likely to constitute an unfair dismissal, and you can report the employer for violating the Labor Standards Act and the Equal Employment Opportunity Act, and you can also file for remedy for unfair dismissal.

First, Article 23 of the Labor Standards Act requires that an employer have justifiable grounds and follow proper procedures when dismissing a worker.

Where a worker has faithfully performed their duties yet the contract is unilaterally terminated without justifiable reason, this is regarded as an 'unfair dismissal.'

At the time of dismissal, a written notice stating the grounds for dismissal must be given 30 days in advance, or 30 days' worth of ordinary wages must be paid as a dismissal allowance; if a resignation letter was unilaterally forced without even these procedures, this is clearly unlawful.

Dismissing you right after childbirth merely because a replacement worker was found is difficult to regard as a justifiable ground for dismissal, and it is judged to be a clear case of discriminatory dismissal and disadvantageous treatment.

In this case, a worker can protect their rights through the following remedy application for unfair dismissal.

- The remedy application must be filed with the Regional Labor Relations Commission within 3 months from the date of dismissal.
- If the remedy is dismissed or you object to it, you may request a review by the National Labor Relations Commission within 10 days.
- If you are not granted remedy through the Labor Relations Commission procedure or the deadline has passed, you may also file a civil suit seeking confirmation that the dismissal is void and claiming damages.

It is very important to prepare matters such as the review of specific materials, the drafting of a written statement, and the collection of evidence with the assistance of a professional.

You may request a consultation with a Daegu attorney at any time, and we will be glad to help.