LABOR AND EMPLOYMENT

Q&A on Shutdown Allowances and Paid Leave Due to COVID-19

1. Should the employer grant paid leave to the employee who’s been infected with COVID-19 so must be hospitalized until fully treated? Yes, to be exact, under the Infectious Disease Control and Prevention Act, when an employer received a government subsidy for the costs of paid leave, the employer should grant a paid leave to […]

On Shutdown Allowances and Paid Leave due to COVID-19

I really hope that Corona Virus will disappear soon and the number of patients will not increase any more. Also, I’d like to express my deepest gratitude to medical staff and public officials who are taking care of this serious situation. Due to COVID-19, many workplaces have shut down and I’d like to explain shutdown […]

Supreme Court Decision on Request for Remedy from Unfair Dismissal

On February 20, 2020, a significant Supreme Court Decision on request for remedy from unfair dismissal was made (2019Du52386, hereafter referred to as the “Decision”). So far, in case where an employee who filed for remedy from unfair dismissal claiming monetary compensation and the employment agreement terminates during the proceedings of the examination or reexamination […]

LSA Articles To Be Checked in Making an Employment Agreement

Labor Standards Act (hereinafter referred to as the “Act”) aims to guarantee the minimum standards for employment and terms and conditions of employment that do not comply the standards stated in the Act shall be null and void to that extent. I’d like to introduce several Articles of the Act that shall be checked in […]

Various ways to terminate the employment agreement

I’d like to clarify the ways to terminate an employment agreement. First, if both employee and employer agree that the employee resign, they may terminate the employment agreement when they want to do. Second, if there are certain clauses on termination on the agreement or work rules, the clauses shall be applied. The clauses shall […]

May employers change the time of employees’ paid leave?

For workers, paid leaves are the time to recharge themselves. Labor Standards Act (hereafter referred to as the “Act”) stipulates that employers shall grant paid leaves to employees. When are paid leaves given? It is when workers claim according to the Act. By the way, the Act also mentions that employers may change the time […]

New Articles of LSA to prevent harassment in workplaces will take effect!

New Articles of 76-2 and 76-3 of Labor Standards Act (hereafter referred to as “LSA”) to prevent harassments in workplaces were established this January and they will be enforced on July 16, 2019. Article 76-2 prescribes that an employer or a worker shall not inflict physical and mental distress to other workers or deteriorate working […]

Major Changes in Revised Labor Standards Act

There have been major changes in Korean Labor Standard Act since this year. I’d like to introduce key points in revised Labor Standard Act (hereafter referred to as the “Act”). 1.      Changes of Annual Paid Leave (enforced on May 29th, 2018) Before looking into the amendment of the annual paid leave, please note that the Article […]

Amendment of Labor Standards Act (1) – Annual Paid Leave

Recently, there have been amendments of Labor Standards Act (hereafter referred to as the “Act”) in Korea, so many workers are likely to experience changes. I’m going to serially post on the amendments of the Act, and in this first posting, I’d discuss the change of the Article on annual paid leave. Please note that […]

What if your workplace is taken over and you are dismissed?

Some of employees sometimes face the sudden notifications of dismissal due to the business transfer or bankruptcy. In this blog, I’m to discuss how employees can deal with such embarrassing situations.  In principle, when a business is transferred to another and the owners mutually agreed employment buyout, the employees of the transferred or taken over […]

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