Labor attorney, I received a verbal dismissal notice from the company. Is verbal dismissal valid?

Hello. This is the labor attorney of Daeryun Law Firm (LLC).

According to Article 27 of the Labor Standards Act, when an employer wishes to dismiss a worker, the reasons for dismissal and the timing of dismissal must be notified in writing, and the dismissal is considered effective only when such written notification is given.

If dismissal is simply notified verbally, it is generally considered invalid as it does not satisfy procedural legitimacy.

The written notification does not necessarily have to be in the form of a "dismissal notice," but the worker must be able to know the reasons and timing of dismissal in detail.

According to case law, electronic documents such as email may also be recognized as written notification if their content is clear, but mere words or formal notification is insufficient.

In particular, if the reasons for dismissal are not stated at all or are stated vaguely, this may also be judged as a violation of the Labor Standards Act.

However, even if the dismissal was made verbally and may be considered invalid, the worker must apply for unfair dismissal relief to the Labor Relations Commission within 3 months from the date of receiving the dismissal notice.

If you miss this period, it will be difficult to obtain relief.

Since the validity of dismissal and response methods may vary case by case, it is important to accurately review the illegality of the dismissal procedure and the possibility of relief through consultation with a labor attorney at the early stage.