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Legal Intellectual

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Q

I was unfairly dismissed due to pregnancy.

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We recently agreed to implement a wage peak system through labor-management negotiation. But directors with different opinions on the board prevented agreement, and we couldn't reach a resolution. The laws applicable to our company stipulate that important matters of enactment and amendment must go through board deliberation and resolution. In this case, is the wage peak system implemented through only labor-management agreement still valid?

unfair dismissal

unfair dismissal lawsuit

unfair dismissal administrative lawsuit

A

Answer to Related Inquiry

Hello.

If you were dismissed due to pregnancy, this can be clearly considered unfair dismissal.

Current law strictly prohibits dismissal or disadvantageous treatment for reasons such as pregnancy, childbirth, or application for parental leave.

In this process, it is important to thoroughly organize related materials such as the circumstances under which the company entrusted the TF project, the timing of pregnancy notification, and the contents of the parental leave application.

If you have been unfairly dismissed, you must file an unfair dismissal remedy application with the Regional Labor Relations Commission within 3 months from the date of dismissal.

If the labor commission does not provide remedy, you can apply for retrial to the Central Labor Relations Commission within 10 days, and if the issue is still not resolved, you can also file an unfair dismissal lawsuit in court.

If a judgment is made that the dismissal is unfair, reinstatement or payment of wages during the dismissal period, and depending on the situation, damages claims are also possible.

However, since damages are recognized only when the employer's intent or unlawful act is proven, accurate evidence collection and the assistance of a legal expert are important.

If the company unilaterally terminated the contract without justifiable reason citing pregnancy and leave, the court may also heavily judge the employer's responsibility, so we recommend actively responding with an unfair dismissal administrative lawsuit under expert assistance.

Please do not remain silent about unfair treatment in the workplace and protect your legitimate rights.

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