Limits on dismissal

"Don't come in tomorrow" can itself be unlawful.

What a dismissal requires

1. Just cause — grounds serious enough that employment cannot reasonably continue.
2. Written notice — the reason and date must be given in writing. A verbal dismissal can be challenged.
3. Advance notice — notice must be given in advance, or pay in lieu. Exceptions exist.
4. Procedure — any procedure in the work rules or collective agreement must be followed.

When dismissal is barred (main cases)

• During treatment for an industrial accident and for a period afterwards
• During maternity leave and for a period afterwards
• Because you made a report or complaint
• Discriminatory dismissal on grounds such as nationality, sex or religion

Detailed requirements and exceptions are set by law. Check your situation with 1350.

If you are dismissed

1. Ask for the written notice. Its absence is itself a ground to challenge.
2. Ask "why am I being dismissed" by text so there is a record.
3. Check your last working day and the settlement of wages and severance.
4. Consult 1350. Interpretation is available.
5. If you believe it is unfair, apply to the Labour Relations Commission for relief. There is a deadline. See unfair-dismissal.

Where to go

• 1350 Ministry of Employment and Labour (with interpretation)
• Your regional Labour Relations Commission (unfair dismissal relief)
• 1577-0071 Foreign Workforce Support Centre
• Your nearest migrant workers' support centre
• 1345 · 1577-1366 interpretation

Questions people ask

I'm on a fixed-term contract and they're ending it early. Dismissal during the contract term also needs just cause. Consult 1350.

They're asking me to "resign voluntarily" instead. Signing a resignation letter makes challenging the dismissal much harder. Always get advice before signing. See resignation-procedure.

My residence status depends on this job, so I'm afraid to fight it. There are workplace change and job-seeking period schemes. Ask 1345 and 1350 together. See change-workplace-e9.

They told me to leave immediately with no notice. You may be entitled to pay in lieu of notice. Record the dates and conversations and get advice.

Take care

The deadline for an unfair dismissal application is short. If you feel wronged, contact 1350 or the commission immediately rather than waiting. After the deadline, relief becomes hard to obtain.

Related

unfair-dismissal · resignation-procedure · contract-expiry · severance-pay · change-workplace-e9

Source

Ministry of Employment and Labour www.moel.go.kr / As of 2026-08