Article 27 (Written Notice of Grounds, etc. for Dismissal), Article 35 (Exception of Advance Notice of Dismissal), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

Terminating a contract before it ends without an employee is a dismissal.
When an employer dismisses an employee, s/he shall give the employee a 30 day advance notice or 30 days of ordinary wage in lieu of it. However, a worker in a probationary period is an exception of the early notice of dismissal.

However, an employer needs to give the employee the written notice stating that the terminating date and reason. When to give the notice is not regulated.


*Labor Standards Act

Article 27 (Written Notice of Grounds, etc. for Dismissal)(1) When an employer intends to dismiss a worker, he/she shall notify the worker in writing of grounds and timing for the dismissal.

(2) The dismissal of a worker shall become effective only upon a written notice pursuant to paragraph (1).

(3) Where an employer has given a worker an advance notice of dismissal under Article 26 in writing, stating grounds and timing for dismissal, the employer shall be deemed to have given notification under paragraph (1).

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 26 shall not apply to a worker falling under any one of the following subparagraphs:

1. A daily employed worker who has been employed for less than three consecutive months;

2. A worker who has been employed for a fixed period of not exceeding two months;

3. A worker who has been employed for less than six months as a monthly paid worker;

4. A worker who has been employed for any seasonal work for a fixed period of not exceeding six months;

5. A worker in a probationary period.