A few days ago, my company suddenly notified me by email not to come to work the next day, for no particular reason. I feel angry and that this situation is very unfair because I don't know why I got fired by a company where I've done my best for three years. Is there a Korean law for people to consult when they have been fired so unjustifiably?
If the company dismisses, lays off, suspends, or transfers a worker, or reduces wages, or takes other punitive actions against a worker without justifiable reason, the worker may apply to the Labor Relations Commission for remedy under Korean labor law. Applications for remedy shall be made within three months from the date on which the unfair dismissal and related acts took place.
The Labor Relations Commission reviews applications and decides or rejects labor cases, determines eligibility of the parties involved, investigates, conducts interviews and holds judgment hearings within 60 days after the initial application date. The procedures are as follows:
(1) Application for Remedy
An employee who feels he/she has been dismissed unfairly may apply to the Labor Relations Commission for remedy. This application for remedy shall be made within three months from the date on which the unfair dismissal and/or related actions took place. The worker must apply for remedy with the Labor Relations Commission nearest his/her workplace for unfair dismissal or unfair labor practice. (If the company is in Seoul, the Seoul Regional Labor Commission is the local entity).
(2) Investigation
The Labor Relations Commission shall, without delay, conduct necessary investigations and inquiries of the parties concerned, upon receipt of an application for remedy. The Labor Relations Commission shall ① designate a person responsible for investigation, ② require the applicant to submit evidence of the reason(s) for the application, ③ deliver a copy of the application for remedy or statement of reasons to the employer, and give opportunity for rebuttal and associated evidence to explain the employer’s actions, and, ④ if necessary, order the parties, witnesses or other related persons to attend a hearing and give their side. Further investigation will then be carried out as deemed necessary (Article 45 and 46 of the Implementation Rules of the Labor Relations Commission Act, or LRC Act).
(3) Hearing
The Labor Relations Commission shall hold a hearing within 60 days from the date the application was received. This hearing is to review documented evidence both parties have submitted and information gathered during investigation, and then decide whether unfair dismissal or unfair labor practice actually took place. The committee members (public-interest, worker and employer representatives) assigned to the case shall attend the hearing, have both parties verify their claims, and interview witnesses and other related persons. At the judgment hearing right after, the public interest representatives on the committee shall decide whether unfair dismissal or unfair labor practice occurred. The worker and employer representatives may also interview the parties to the case and witnesses, and give their opinions before the public interest representatives make their decision during the judgment hearing.
(4) Settlement
Labor cases filed for remedy at the Labor Relations Commission are often resolved between the two parties peacefully before going to the judgment stage of the Commission’s activities. Such settlement not only helps to restore labor-management stability, but also assists with obtaining the employer’s agreement more effectively than a remedy order from the Labor Relations Commission. The Labor Relations Commission can always recommend or arrange a draft of settlement for both parties in the process of investigation and interview. Once settlement is established, the statement of settlement is composed, which has the same effect as a settlement decided through a court (Article 16-3 of the LRC Act).
(5) Judgement
The judgement hearing is to determine whether unfair dismissal or unfair labor practice has occurred, and takes place after the hearing. All three public interest representatives must be in attendance, and resolutions pass with approval from at least two of the three. The Labor Relations Commission issues an order for remedy to the employer when it is deemed that unfair dismissal or unfair labor practice has occurred, or cancels the application for remedy if it is deemed that they have not. The Labor Relations Commission shall deliver a letter of the verdict to the employer and workers concerned within 30 days of the date of judgment.
(6) Monetary compensation system
The monetary compensation system was introduced so that workers not wishing to be reinstated can still receive remedy. Monetary compensation is usually limited to the wages that would be reasonable up to what the worker would have received during the period after dismissal.
Therefore, in your case, you can apply to the Labor Relations Commission for remedy within three months of the date of termination. Please note that you have not received a written notification including the reasons for dismissal and the date of dismissal, and therefore your dismissal will be deemed unjustifiable.