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Labor law attorney, I have a question regarding a violation of the Labor Standards Act.
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Labor law attorney, although the employment contract specifies that the remaining wages must be paid within 14 days after resignation, the employment contract states that payment is made after one month. In this case, is a report possible based on this fact alone, or is a report possible only after waiting and the wages not being received within that period after resignation?
Violation of the Labor Standards Act
Labor law attorney
Answer to Related Inquiry
Author: 고병준
Content that violates the Labor Standards Act is void, and if an infringement of rights occurs according to that content, a report is possible.
A report is possible based on the mere fact that the content of the employment contract violates the Labor Standards Act.
If the employment contract contains clauses that violate the statutory standards, that contract is legally void, and you can report it to a labor inspector.
Article 36 of the Labor Standards Act provides that money and valuables must be settled within 14 days from the date of retirement.
That is, regardless of when the wage payment date of that month is, absent special circumstances, payment must be made within 14 days from the date of retirement.
Although there is a payment deadline of within 14 days, the deadline can be extended by agreement with the party.
In addition, even if the worker files a report right away, if the worker confirmed that the content was in the employment contract and signed it, the worker also bears responsibility.
Besides this, if the content that violated the contract was carried out, concrete harm has occurred, so the possibility of punishment may increase further.
You may file a criminal complaint against an employer who did not pay wages or severance pay so that punishment is imposed, and with the assistance of a labor law attorney and a civil attorney, you can receive the unpaid wages and severance pay through a civil lawsuit.
If an actual violation has occurred and you are not receiving your severance pay, we hope you resolve the issue by proceeding with a wage claim through the assistance of our firm's labor law attorney, who has practical experience and expertise in labor law.
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