What requirements must be met to carry out a layoff?

Layoffs are also called dismissals due to managerial reasons.

To dismiss workers due to managerial reasons, there must be an urgent managerial necessity, and legally this is not necessarily limited to cases of avoiding corporate bankruptcy.

If personnel reduction is needed in advance to deal with future possible crises, this can also fall under the requirements for layoff.

However, in such cases, it must be judged to be reasonable when viewed objectively.

Even if layoffs are unavoidable, the employer must make efforts to avoid dismissal and set reasonable and fair dismissal criteria to determine the targets.

Furthermore, you must secure materials so that you can well prove that you complied with these procedures.

If these conditions are not properly observed, it may become wrongful dismissal, so caution is needed.

If you dismiss workers without complying with these requirements, the worker may apply for relief from the Labor Relations Commission as wrongful dismissal, so caution is needed.

In this case, you need to go through a process of properly proving the legitimate reason for dismissal, so legal advice may be needed.