Legal Q&A

I was injured while working as a day laborer at a construction site. Can I receive compensation through day laborer industrial accident insurance?

I was working as a day laborer at a construction site and was injured in an accident during work. Because I am not a regular employee, I am not sure whether industrial accident compensation insurance applies to me. I have been told that a day laborer industrial accident claim is possible, but I would like to know what insurance benefits I can actually receive and how the benefit amount is calculated.

Under the Industrial Accident Compensation Insurance Act, can I receive compensation even if I was at fault during work?

While working at the company, I had an accident during the course of my work and am receiving treatment. The company is saying that my carelessness also played a part, so I am worried about whether industrial accident insurance can apply. I would also like to know whether, if I receive compensation through industrial accident insurance, I cannot file a claim for damages against the company at all, and what the scope of compensation is under the Industrial Accident Compensation Insurance Act.

Labor attorney, I received a verbal notice of dismissal from my company. Is a verbal dismissal also valid?

I suddenly received a notice of dismissal from my company. However, I did not receive any separate document regarding the grounds for dismissal or the timing of the dismissal, and I was only told verbally by my superior, "As of today, do not come to work." I did not receive anything about the dismissal by email or text message either. I would like to know whether the dismissal is legally valid even in such a case. If it is an unfair dismissal, I would also like to hear a labor attorney's advice on how I should respond.

In what cases can I receive relief for unfair dismissal?

Hello. I suddenly received a notice of dismissal from my company. The dismissal was carried out even though there was no personal fault or serious cause attributable to me, and I was only given the explanation that it was for managerial reasons, without any effort to avoid the dismissal or any process of consultation. I am curious whether, in a case like mine where the grounds for dismissal are unclear or the procedures were not observed, the dismissal can be recognized as an unfair dismissal so that I can file an application for relief from unfair dismissal with the Labor Relations Commission.

Is an accident that occurs outside the workplace also recognized as an occupational accident?

Hello. I was in an accident while handling work during a visit to an outside client at the company's direction. The place of the accident was not the company's workplace but overlapped with a route I personally used, so can it still be recognized as an occupational accident in this case? I would like to know whether it might be difficult to file for industrial accident compensation because it could be seen as a personal accident.

Is it recognized as a commuting industrial accident?

I had an accident while commuting to work, and I am curious whether I can receive industrial accident compensation. It was an accident that occurred while I was riding a commuter bus provided by my workplace; can such a case also be recognized as a commuting industrial accident?

I was unfairly dismissed; can I file a lawsuit for nullity of dismissal?

Hello. While working at a small and medium-sized company for the fifth year, I recently received a sudden dismissal notice from the company on the ground of 'poor work performance.' I received the notice unilaterally, without any separate warning or disciplinary procedure, so I feel deeply wronged. I heard that I can file an application for remedy against unfair dismissal with the labor office, and people around me said that there is also a way to separately file a 'lawsuit for nullity of dismissal.' I would like to know how the two procedures differ and what outcome I can obtain by filing a lawsuit for nullity of dismissal.

Isn't this a violation of the Labor Standards Act?

I am a worker employed at a small or medium-sized company. Recently, the company keeps requiring overtime work but does not pay any overtime allowance at all. In addition, the company demands that we come to work on weekends as well, saying, ‘the company is in a difficult situation, so we will compensate you later,’ and does not provide wages or substitute days off. It even said that it could not pay severance pay when I mentioned resigning. In such a case, I would like to know whether the company has indeed violated the 「Labor Standards Act」, and if it is a violation of the Labor Standards Act, what punishment it may face.

How do I file a report of unpaid wages?

It has been two months since I left my job at a small or medium-sized company, but I still have not received my last two months' wages and my severance pay. The company keeps repeating only that it will pay “next month.” In this case, if I file a report of unpaid wages, will I actually be able to receive my wages? I would also like to know where I should file the report and what the processing procedure is.