Suwon attorney, in what cases do the unfair dismissal criteria apply?

Hello. This is a Suwon attorney.

You must have been quite bewildered and distressed by the unfair dismissal.

The Labor Standards Act prohibits dismissing, suspending, placing on leave, transferring, reducing the pay of, or otherwise punishing an employee without justifiable reason.

The mere fact that something is prescribed as a ground for dismissal in the rules of employment does not make the dismissal justified, and justification is established only when there is a ground for which the employee is responsible.

A dismissal without justifiable reason is called an unfair dismissal, and in addition, if the case falls under circumstances such as a dismissal that did not meet the requirements restricting dismissal for managerial reasons, a dismissal made by excessively determining a disciplinary measure even though there was no ground warranting dismissal, or a dismissal made at a time when dismissal is not permitted, you can apply to the Labor Relations Commission for a remedy against unfair dismissal.

If, you did not obtain a remedy from the Labor Relations Commission, within three months from the date the unfair dismissal or the like occurred, you can assert the unfairness of the dismissal through an unfair dismissal lawsuit.

At Daeryun Law LLC, labor attorneys and criminal attorneys respond as one team, conducting a legal review of the situation in which you were unfairly dismissed and seeking response measures.

We recommend that you consult an attorney promptly and establish a strategy.