Dismissal and resignation
Dismissal from work
Employers may not dismiss employees without valid reason. In principle, employers must give at least 30 days notice of dismissal, or pay a sum at least equal to 30 days’ average wages.
Dismissal for the following reasons is prohibited.
- If a worker is on leave due to sickness or injury caused by his job, or for a period of 30 days following his return
- If a worker is on leave before or after giving birth, or for a period of 30 days following her return
- On the grounds of a worker’s nationality, religion, or social position
- On the grounds of the worker having reported to the Labor Standards Office violations of the Labor Standards Law
- On the grounds of the worker being a member of a labor union or has carried out activities of a labor union
- On the grounds of a worker’s gender, or of a worker getting married/becoming pregnant/giving birth/taking maternity leave
- If a worker requests or takes maternity leave
- If a worker seeks help or applies for mediation in solving a labor dispute
- If a worker reports on wrong-doing (whistle-blowing) of their employer
Resignation
When you leave a job due to your own circumstances or in agreement with your employer, this is referred to as resignation. When a worker resigns, he or she can receive unpaid compensation within seven days if he or she puts in a claim, and will be given back any savings or reserve funds.
In the event of a person whose period of employment is not determined
When two weeks pass from the day when the worker put in his or her request to resign, the person will leave the company, even if the employer does not agree to the resignation
In the event of a person whose period of employment is determined
Unless there are unavoidable reasons, workers cannot cancel the employment contract during the period of the contract.
After the employer authorizes the worker’s resignation, the worker cannot, as a general principle, take back the request for resignation, so think carefully when putting in a request for resignation. At the time of the contract, it is necessary to confirm the conditions and procedures in the event of resignation. Furthermore, you must also return your employee card, any uniforms loaned to you, your health insurance card etc. to the employer.
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