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Anyang industrial accident attorney, I would appreciate your answer.

This time, the company laid off many employees, saying it would shut down due to worsening management. I was saddened that a company I had worked at for a long time was closing, and then I received notice that I was one of those to be laid off. What am I to do now? What about my family, who depend only on me? Anyang industrial accident attorney, please tell me the requirements for unfair dismissal and the methods of remedy.

Layoff for managerial reasons

Anyang industrial accident attorney

Answer to Related Inquiry

Author: 고병준

Hello. This is an Anyang industrial accident attorney.

If you have become subject to a layoff following the closure of a company where you worked diligently for a long time, you must have been very shocked.

In particular, if you were dismissed while responsible for supporting your family, the shock is likely to be even greater.

In such a case, you should closely examine whether the company's layoff was carried out lawfully, or whether it amounts to an unfair dismissal because it failed to meet the legal requirements.

In order to be recognized as an unfair dismissal, several conditions must be met.

First, if the dismissal itself was carried out without justifiable grounds, or if, even where a layoff is made for managerial reasons, the dismissal was carried out without meeting the requirements prescribed by law, it constitutes an unfair dismissal.

Conversely, where the worker themselves is at serious fault, the dismissal is recognized as justified.

If, after reviewing the above conditions, it is determined that this amounts to an unfair dismissal, you can first file an application for remedy with the Regional Labor Relations Commission.

The application must be filed within 3 months from the date on which the dismissal occurred, and the Labor Relations Commission can restore the worker's rights through an order of reinstatement or an order of monetary compensation.

If you are dissatisfied with the decision of the Regional Labor Relations Commission, you may request a review by the National Labor Relations Commission within 10 days.

Where remedy through the Labor Relations Commission is difficult, you may also file a lawsuit to confirm the invalidity of the dismissal through an Anyang industrial accident attorney.

If the court recognizes that the dismissal was unfair, you may receive an order of reinstatement or a judgment awarding compensation for the wages that were not paid during the dismissal period.

Determining whether a dismissal is unfair and responding thereafter is not an easy process, so if you need help, please feel free to contact an Anyang industrial accident attorney at any time.