I want to file a severance pay non-payment report. How should I do it?

Hello. I am an attorney with experience handling severance pay civil lawsuits.

According to current law, when an employee who meets all the conditions resigns from the company, severance pay must be paid.

If you worked hard but did not receive your severance pay, you can file a severance pay non-payment report through a complaint to the Ministry of Employment and Labor.

If your rights are still not restored, you must assert your rights through a severance pay civil lawsuit.

According to the Employee Retirement Benefit Security Act, severance pay is paid when an employee who has continuously worked for one year or more retires, and the employer must pay severance pay equivalent to 30 days or more of average wages for each year of continuous service.

In case of an employee's death or retirement, wages, compensation, severance pay, and other monies must be paid within 14 days from the date the reason for severance pay payment is clearly determined, but the payment date may be extended through agreement between labor and management.

A severance pay non-payment report can be filed when the employer does not pay severance pay within 14 days without consultation with the employee, and they will be liable for 20% annual interest for the delay.

Failure to pay severance pay may result in imprisonment of up to 3 years or a fine of up to 30 million won.