I am currently working as a fixed-term employee for an apparel company for a year and a half. However, prior to working for one full year, I submitted a letter of resignation at the request of the company and followed the re-entry procedures. In my case, can I receive severance pay?
Yes, you can. If you have worked for the same company even though you have quit and were re-hired repeatedly without actually ceasing to work there, this is a one-sided request from the employer to evade the severance pay obligation. If you have worked for at least one year from the date of hiring to the date of finally ceasing to work there, severance pay must be paid.
In addition, even if your employment status changes during employment, such as from daily or fixed-term employment to regular employment, it is necessary to calculate the continuous working period from the first working period when calculating severance pay.
Suspensions due to industrial accidents, periods of full-time union work, and periods of maternity leave are also included in the continuous working period for the calculation of severance pay. Even when company mergers or acquisitions occur, if employment transfers or otherwise continues, the company must pay severance pay, including the period of employment with the former company.
Finally, even if there is a vacation period or a period of temporary business closure due to seasonal characteristics of the business, these are also included in the number of years of continuous work unless labor relations are completely terminated.