Please tell me the filing period for an administrative litigation for unfair dismissal.

Hello.

First, if you were subjected to unfair dismissal without justifiable grounds, we recommend that you secure evidence to prove it and proceed with the administrative litigation for unfair dismissal, or have a review conducted as to whether the employer has violated the Labor Standards Act.

The method for filing an application for remedy against unfair dismissal is as follows.

If a worker is deemed to have suffered unfair dismissal, the worker may file an application for remedy with the Regional Labor Relations Commission.

In the application, you set out information such as the worker's and the employer's details, the date of dismissal, the grounds for dismissal, and the purpose and reasons for the application.

* Note that you may apply for remedy for matters such as unfair dismissal only if you are a business with five or more regular employees.

Filing deadline

Within 3 months from the date of dismissal

Procedure

① Receipt of the application
② Investigation and examination by the Labor Relations Commission
③ Decision

If you object to the decision of the Regional Labor Relations Commission, then, from the date of receiving the written dismissal decision, you may apply for reexamination to the National Labor Relations Commission within 10 days.

If you also object to the reexamination decision, you may file an administrative litigation within 15 days from the date of receiving the written reexamination decision.

In the above process, if the workplace has five or more regular employees and a violation of the Labor Standards Act is clearly found, the employer may be subjected to punishment through a criminal complaint.