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Home > Books > Quarterly Labor cases |
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Manual for Lawful Dismissal |
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This manual on dismissal explains what employers need to know about dismissals in advance, and also helps the employee avoid becoming a target for discipline by understanding a company's disciplinary rights, while at the same time having the right to take remedy action under the Labor Standards Act (LSA) if unfairly dismissed. It is intended to provide a guide to which both parties can refer.
The dismissal system is necessary for both workers and employers. From the perspective of the employer, company competitiveness can be maintained by disposing the necessary personnel in the right places and dismissing redundant or bad employees. On the other hand, unfair dismissals impact more than the worker dismissed, having a great influence on that worker’s family. For this reason, the LSA strictly regulates dismissal, and if the employer fails to follow the procedural requirements, the dismissal becomes illegal and null and void. The employer may dismiss an employee if there is a legitimate cause attributable to the employee, but the employer should take a careful approach because legitimate reasons do not reside primarily in employment rules or labor contracts but the criteria for legitimate dismissal under the LSA. Employees will also be able to better protect their own rights by understanding the possible responses to unfair treatment from an employer, while developing as talented individuals skilled in their own abilities through their work.
Therefore, this "Manual on Dismissal " is an essential guide for both employers and workers. It is my particular hope that foreign executives will use this to better understand the accepted system for dismissal in Korea, thereby maintaining stable labor relations. Finally, I would like to thank those who assisted in the process of completing this book. |
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Labor Cases Volume 60 - Severance Pay, Workplace Harassment, Sexual Harassment, Foreign Workers, Visa System |
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Ⅰ. The Confusing Administrative Interpretation from the Ministry of Employment and Labor on Calculating Severance Pay
이상한 퇴직금 계산법을 안내하는 고용노동부의 행정해석 …………………………… 01
Ⅱ. When Workplace Harassment Occurs, What Measures Should an Employer Take?
직장내 괴롭힘 사건 사례를 통해서 본 사업주의 적절한 조치 ………………………… 05
Ⅲ. Cases of Workplace Bullying & Sexual Harassment and Disciplinary Committee Decisions
직장내 괴롭힘, 성희롱 사건과 기각 결정 사례 ……………… 10
Ⅳ. Feature Articles: Foreign Workers
특집: 외국인 근로자
1. Contents of the Labor Law on Employment Protection for Foreign Workers
외국인근로자 고용보호를 위한 노동법의 주요내용 ………………… 18
● Individual Employment Relations
근로기준 - 개별적 근로관계 분야 …………………………………………… 26
● Collective Labor Relations
노동조합 관련 – 집단적 노사관계법 ……………………………………… 32
● Social Insurance and Insurances Exclusive to Foreign Workers
외국인근로자의 사회보험과 전용보험 ……………………………………… 35
2. The Work Visa System for Employing Foreign Workers
외국인근로자의 고용비자제도 (E-9, H-2, E-7 비자) …………………………… 40
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20221129104728_638.pdf |
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54
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[Spring,2024] Labor Cases (Volume 65) : feature articles - Serious Accident Punishment-related Information |
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53
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[Winter,2023] Labor Cases Volume 64 - Foreign policy, Annual Paid Leave, Ordinary Wages, Workplace Harassment Cases, Flexible Working Hours |
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52
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[Autumn,2023] Labor Cases Volume 63 - The Serious Accidents Punishment Act, Collective Bargaining |
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51
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[Summer,2023] Labor Cases Volume 62 - Unpaid Wages, Workplace Sexual Harassment and Bullying, Employee Representatives, Vacationa Sabings Account System, Calculating Severance Pay |
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50
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[Spring,2023] Labor Cases Volume 61 - Dismissal, Workplace Harassment, Fatal Accidents Act, Labor Inspception |
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[Winter,2022] Labor Cases Volume 60 - Severance Pay, Workplace Harassment, Sexual Harassment, Foreign Workers, Visa System |
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48
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[Autumn,2022] Labor Cases Volume 59 - Dismissal, Workplace Harrasment, Severance Settlement, Workforce Restructuring |
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47
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[Summer,2022] Labor Cases Volume 58 - Noise-induced Hearing Loss Recognized as an Industrial Accident, the Vacation Savings Account System, A Workplace Harassment Case, Sexual Harassment at Work, etc. |
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46
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[Spring,2022] Labor Cases Volume 57 - The Fatal Accidents Act and Employer Obligations, etc. |
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45
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[Winter,2021] Labor Cases Volume 56 - Freedom of Speech and Responsibility, etc. |
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44
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[Autumn,2021] Labor Cases Volume 55 – Revisions of the Labor Laws in the Second Half of 2021 |
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43
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[Summer,2021] Labor Cases Volume 54 - Overwork recognized as Cause of Occupational Accident(Heart Attack) |
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42
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[Spring,2021] Labor Cases Volume 53 - The Relationship between the Fatal Accidents Act & the Occupational safety & Health Act |
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41
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[Winter,2020] Labor Cases Volume 52 - Items to be Considered When Writing an Employment Contract |
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40
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[Autumn,2020] Labor Cases Volumn 51 - Working Conditions for Minors |
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39
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[Summer,2020] Labor Cases Volumn 50-Work-from-Home Systems |
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38
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[Spring,2020] Labor Cases Volume 49 _ Corona Virus Infections and Shut-down Allowance |
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37
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[Winter,2019] Labor Cases Volume 48 - The Small Amount Insolvency Payment Claim System |
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36
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[Autumn,2019] Labor Cases Volume 47-Employment Insurance Act, Equal Employment Act revised |
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35
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[Summer,2019] Labor Cases volumn 46 _ Contractual Working Hours and the Inclusive Wage System |
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