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Q
I was unfairly dismissed on the ground of pregnancy.
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It is so absurd that I even wonder whether a place like our company exists in this day and age. The company asked me to form a task force team and take charge of a project, and while I was carrying it out, I learned that I was pregnant. When I applied for childcare leave, saying that I would probably be unable to participate for about three months around the time the project was wrapping up, I was dismissed. Is this not unfair dismissal? Attorney, I would like to proceed with an unfair dismissal lawsuit. Please tell me how.
Unfair dismissal
Unfair dismissal lawsuit
Unfair dismissal administrative litigation
Answer to Related Inquiry
Author: 정찬우
Hello.
If you were dismissed on the ground of pregnancy, this may clearly constitute unfair dismissal.
Under current law, dismissing or disadvantaging an employee on grounds such as pregnancy, childbirth, or an application for childcare leave is strictly prohibited.
In this process, it is important to thoroughly organize relevant materials, such as the circumstances in which the company assigned the task force project, the timing of the notification of your pregnancy, and the content of your childcare leave application.
If you have been unfairly dismissed, you must file an application for remedy for unfair dismissal with the Regional Labor Relations Commission within three months from the date of dismissal.
If remedy is not granted at the Labor Relations Commission, you can apply for reexamination to the National Labor Relations Commission within 10 days, and if the problem is still not resolved thereafter, you can also file an unfair dismissal lawsuit with the court.
If a judgment is rendered that the dismissal is unfair, reinstatement or payment of wages for the dismissal period, and further, depending on the situation, a claim for damages are also possible.
However, since damages are recognized only when the employer's intent or unlawful act is proven, securing accurate materials and the assistance of a legal professional are important.
If the company unilaterally terminated the contract on the grounds of pregnancy and leave without a legitimate reason, the court may also judge the employer's liability heavily, so we recommend that you actively respond with an unfair dismissal administrative lawsuit under the assistance of a professional.
Please never remain silent about unfair treatment in the workplace, and protect your rightful rights.
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