Chapter 5 Retirement Management
- An employer shall give an advance notice to a worker at least thirty days before dismissal. If the notice is not given thirty days before the dismissal, ordinary wages of more than thirty days shall be paid to the worker. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
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Advance Notice of Dismissal (Article 26 of the LSA)
Exceptions for Advance Notice of Dismissal (Article 35 of the LSA)
①A worker who has been employed on a daily basis for less than three consecutive months;
②A worker who has been employed for a fixed period not to exceed two months;
③A worker who has been employed as a monthly-paid worker for less than six months;
④A worker who has been employed for seasonal work for a fixed period not to exceed six months; or
⑤A worker in a probationary period.
*Labor Standards Act
Article 26 (Advance Notice of Dismissal)
When an employer intends to dismiss a worker (including dismissal for managerial reason), he/she shall give the worker a notice of dismissal at least 30 days in advance of such dismissal, and, if the employer fails to give such advance notice, he/she shall pay that worker ordinary wages for not less than 30 days: Provided, That this shall not apply where a natural disaster, calamity or other unavoidable circumstances prevent the continuance of the business or where the worker has caused a considerable hindrance to the business or inflicted any damage to the property on purpose, cases that fall under any cause determined by Ordinance of the Ministry of Employment and Labor.
