Can I receive freelancer severance pay?

Yes, you can receive it.

Even if you have a 'freelancer contract' on the surface, if your actual working pattern qualifies you as an employee, you can claim freelancer severance pay.

According to Articles 4 and 8 of the Employee Retirement Benefit Security Act, (1) if your continuous working period is 1 year or more and (2) your average weekly working hours are 15 hours or more, you are entitled to severance pay.

Therefore, if your commute time is fixed, and you worked under the company's work instructions and supervision in a subordinate relationship, you are likely to be substantially recognized as an employee.

The criteria for determining employee status are as follows.

- Whether employment rules and personnel regulations apply

- Whether there is constraint on the workplace and working hours

- Whether work instructions and supervision are given

- Ownership of work tools or raw materials

- Whether the person bore the risk of operating their own business

- Whether work could be substituted by hiring a third party

- Nature of compensation (performance-based or fixed)

- Whether enrolled in the four major insurances

If the above circumstances comprehensively recognize you as an employee, you can receive freelancer severance pay even if you had a freelancer contract.

In principle, severance pay must be paid within 14 days after retirement.

If this is not implemented, you can file a report with the local employment and labor office in the jurisdiction of the workplace or file a petition through the Ministry of Employment and Labor website, so please carefully check and respond regarding freelancer severance pay.

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