I am currently working for the company against which I had previously filed a complaint with the Ministry of Employment and Labor (MOEL) as it was in violation of labor law. The case was closed after the company implemented the MOEL’s corrective order. However, since then, the company’s CEO and other employees have been shunning me and verbally harassing me. So, I’ve been under a lot of stress and I’m going to quit this job. I’m covered by employment insurance and I know that, in Korea, when an employee quits his or her job, he or she is entitled to unemployment benefits. How can I apply for them?
If you are enrolled in employment insurance and the number of qualifying days the insured worker spent in covered employment during the 18-month period up to the date of severance from employment is at least 180 days in total, you can apply for unemployment benefits upon termination. However, the problem is, in principle, that unemployment benefits are paid only for involuntary unemployment (retirement) and not for voluntary unemployment (retirement). However, under the Employment Insurance Act, if any of the following special cases apply to the voluntary unemployment (retirement), workers are eligible for unemployment benefits:
1. If any of the following happens within a period of two months or more within one year prior to the date of unemployment:
(1) The actual working conditions are lower than the working conditions presented at the time of hiring or the working conditions generally applied after hiring;
(2) The payment of wages is delayed;
(3) If the wage paid for prescribed work falls below the minimum wage under the Minimum Wage Act;
(4) If the restrictions on extended work in Article 53 of the Labor Standards Act are violated;
(5) Due to workplace closures, less than 70 percent of average wage is paid.
2. If the employee received unreasonable discrimination on the grounds of religion, sex, physical disability, union activities, etc. at the workplace;
3. If the employee was unwillingly subjected to sexual harassment, sexual assault, or other sexual bullying in the workplace;
4. The business is certain to go bankrupt or close, or large-scale layoffs are planned;
5. If the employee is advised to terminate employment by the employer due to any of the following conditions, or if he or she leaves the job due to the recruitment of early retirement applicants pursuant to an employment adjustment plan caused by the inevitability of staff reductions:
(1) Transfer, acquisition, merger of business;
(2) Partial business abolition or business conversion;
(3) Abolition and reduction of organization by reorganization;
(4) Changes in work patterns due to the introduction of new technologies and technological innovations;
(5) Deterioration of management, congestion of human resources or other similar reasons.
6. If the employee experiences difficulties in commuting due to any of the following reasons (at least three hours are required to get to the workplace and back by ordinary means of transportation):
(1) Relocation of business;
(2) Transfer to another business location;
(3) Transfer of residence for the purpose of cohabiting with a spouse or relatives in need of support;
(4) Other unavoidable reasons for the difficulty.
7. Due to the circumstances of the company, the employee could not take vacation or temporary leave and terminated employment during the period of more than 30 days of supporting his or her parents or cohabitating relatives for sickness or injury;
8. The employee works at a workplace where, despite a “serious accident” occurring in accordance with Article 2, Item 2 of the Occupational Safety and Health Act, and a correction order received from the Minister of Employment and Labor, the company has taken no corrective actions within the given period and employees are exposed to the same danger;
9. Termination of the employee’s employment is objectively recognized based on the opinion of a doctor or the employer, etc., due to an insured worker being unable to perform given task(s) due to a lack of physical strength, physical or mental disability, illness, injury, loss of sight, hearing or tactile sense (job transfers and temporary leaves are also allowed if they are due to company circumstances);
10. The insured worker is unable to continue work due to pregnancy, childbirth, childcare of a child under the age of 8 or up to second grade in elementary school (including an adopted child), or the employer cannot allow vacation or temporary leave for the employee to fulfill his obligatory service under the Military Service Act;
11. If the details of the business of the employer become illegal due to enactment or amendment of laws and ordinances or produces or sells goods or services not illegal at the time of employment, but now prohibited by laws or regulations;
12. The employee reaches retirement age or the employee’s contract expires;
13. In addition, it is objectively recognized that other workers in the workplace under the circumstances of the insured person may have resigned.
Therefore, if the case previously filed with the Ministry of Employment and Labor was regarding unpaid wages, if the delay was for more than two months and within one year before the date employment relations terminate, and if a correction order was issued by the relevant labor office, eligibility for unemployment benefits will exist even if the termination of employment was voluntary. If performance of the assigned work is difficult due to stress etc., and this can be confirmed in writing by a doctor, and it can be proven that the company did not allow the employee to transfer duties or go on temporary leave, eligibility for unemployment benefits may also exist even after a voluntary termination of employment. You will need to visit your local Employment Center and seek consulting on whether you are ultimately eligible for unemployment benefits as eligibility can be viewed differently by different personnel at different Public Employment Service Centers.