Labor Law Q&A details

Chapter 1 Employment Relations

, I submitted a letter of resignation at the request of the company and followed the re-entry procedure. In my case, will I not be able to receive retirement pay?

I am currently working as a fixed-term worker in the same apparel company for a year and a half. However, before one year of employment, I submitted a letter of resignation at the request of the company and followed the re-entry procedure. In my case, will I not be able to receive retirement pay?

That will not be the case. If you work for the same company and perfunctory went through the process of leaving and rejoining, this is a one-sided request from the employer to evade the retirement pay obligation. If you have worked for more than one year from the date of hiring to retirement date, retirement pay will be paid.

In addition, even if the employment type changes during the employment, such as changing from daily or fixed-term worker to regular worker, it is necessary to calculate the continuous working period from the first working period and pay the retirement pay.

In addition, the suspension due to industrial accidents, the period of full-time union work, and the period of maternity leave are included in the continuous working period for the calculation of retirement pay. Even in case of employment succession by transfer or merger, the company must settle the retirement pay, including the period of employment from the former company.

Lastly, even if there is a vacation period or temporarily closed period of the business due to the seasonal characteristics of the business, it is included in the number of years of continuous work unless the labor relationship is completely cut off.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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