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Q
Please tell me the filing period for an administrative litigation for unfair dismissal.
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I started a part-time job on March 11, worked the part-time job until May 18, and then received notice of dismissal. Does that mean I cannot receive the advance notice of dismissal allowance, and that I have to file an application for remedy against unfair dismissal? Counting by months, I worked in March, April, and May, so is the three-month standard for the advance notice of dismissal allowance based on the number of days? It is a company with five or more employees. If I can file an administrative litigation for unfair dismissal, please tell me the period.
administrative litigation for unfair dismissal
unfair dismissal
Answer to Related Inquiry
Author: 고병준
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.
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