Daegu attorney, can I file a wrongful termination remedy application?

Hello. This is a Daegu attorney.

It is very unfortunate to hear that you were terminated by the company immediately after childbirth and were forced to submit a resignation letter.

To get straight to the point, such termination is highly likely to constitute wrongful termination, and you can report the business owner for violations of the Labor Standards Act and the Equal Employment Opportunity Act, and you can also apply for wrongful termination remedy.

First, Article 23 of the Labor Standards Act requires that when an employer terminates a worker, they must have legitimate reasons and procedures.

Even though the worker has faithfully fulfilled their duties, if the contract is unilaterally terminated without legitimate reason, this is considered 'wrongful termination'.

When terminating, a written notice including the reason for termination must be given 30 days in advance, or notice allowance (30 days' worth of ordinary wages) must be paid. If a resignation letter was unilaterally forced without that procedure, this is clearly illegal.

Terminating an employee right after childbirth solely on the grounds that a replacement was hired is difficult to consider a legitimate reason for termination and is judged to be clearly discriminatory termination and unfavorable treatment.

In this case, the worker can protect their rights through the following wrongful termination remedy application.

- The remedy application must be submitted to the Regional Labor Relations Commission within 3 months from the date of termination
- If the remedy is dismissed or you object, you can request a re-examination at the National Labor Relations Commission within 10 days
- If you cannot receive remedy through the Labor Relations Commission process or the deadline has passed, you can also file a civil lawsuit for confirmation of nullity of termination and damages claim

It is very important to receive expert assistance for specific document review, statement preparation, and evidence collection.

Please request consultation from a Daegu attorney anytime, and we will help you.