I have a question about unfair dismissal remedy application after parental leave

According to the Equal Employment Opportunity Act, employers have a duty to reinstate workers who have completed parental leave to the same job they had before leave or to a job paying the same level of wages.

Employers with personnel authority may reinstate workers to other duties paying the same level of wages, and workers must comply, but they must go through a consultation procedure with the worker before reinstatement, and if the worker does not approve, they can refuse the proposal.

If the workplace was specified, or reinstatement was limited to specific duties only, changes are not possible without the worker's consent.

Also, in the case of unfair dismissal, the Labor Standards Act provides that when a worker is dismissed without justifiable reason and the workplace has 5 or more regular employees, the worker may file an unfair dismissal remedy application as follows.

Applications can be filed with the Labor Relations Commission with jurisdiction over the workplace and must be filed within 3 months from the date of dismissal. The facts are investigated, and a ruling is made after hearings.

In addition, the worker may file a civil lawsuit for confirmation of nullity of dismissal in court.

If you win or receive a remedy ruling in either of these procedures, you can immediately return to your original duties, restoring the original employment relationship.

You can claim unpaid wages during the dismissal period, and you will receive an amount in money equal to or greater than the wages you would have received had you provided labor during the dismissal period.

Therefore, an unfair dismissal remedy application requires legal analysis to bring the case favorably.

Since you must also consider that an administrative lawsuit may be initiated, if you wish to proceed with an unfair dismissal remedy application, please come to our firm where labor specialist attorneys and labor consultants cooperate, and receive legal assistance and help.