Dismissal
Companies are not allowed to dismiss a worker for no reason. For a company
to dismiss a worker, sufficient reasons are required.
A company is allowed to dismiss a worker in the following cases: disciplinary
dismissal, when a worker breaks any of the regulations laid out in the labor
contract; ordinary dismissal, when a company is allowed to dismiss a worker
for cause. However, dismissal that does not meet certain requirements is
void. In the event that an employer wishes to dismiss a worker, the employer
shall provide at least 30 days advance notice. An employer who does not
give 30 days advance notice shall pay the average wages for a period of
not less than 30 days.
Termination of consecutive employment
These regulations are, to some extent, effective for non-renewal of contracts
or termination of fixed-term labor contracts. Termination of employment
as well as dismissal is restricted when contracts are renewed for a specified
time period, or when contracts run and are renewed consecutively even when
no time period is specified.
Frequently, in the case of foreign workers, these regulations for dismissal
and termination of consecutive employment are not followed. There are many
cases where a worker is dismissed or his/her consecutive employment is terminated
for no reason. If you suspect unfair dismissal or termination of consecutive
employment, please do not hesitate to consult us or the nearest Labor Union
where you live.
Resignation in the middle of a labor contract
When a worker submits his/her resignation to the company at least 2 weeks
before his/her resignation, the contract shall be terminated. However, in
cases where a worker is contracted to work for a specified period of time,
he/she should resign when the period of contract expires and then the contract
of employment will be terminated. When a worker, however, has an acceptable
reason, he/she will be allowed to resign without penalty.
Some companies or employers include in their labor contracts an obligation
for the employee to pay penalty fees if a contract is broken, such as a
resignation in the middle of a labor contract. Thus, you have to pay attention
to this.