South-Korea

In South Korea, the concept of "at-will" employment is not recognized. Instead, employers are required to have a legitimate reason for terminating an employee, as stipulated in the Labor Standards Act (LSA).

Lawful Grounds for Dismissal

For a dismissal to be lawful, employers must demonstrate that a "just cause" exists. This could be due to:

Employee-Related Reasons

• Significant misconduct or negligence that severely impacts the business.
• Incapacity or incompetence that renders the employee unable to fulfill job duties.
• Criminal convictions that hinder employment continuation.
• Violation of company rules and regulations after repeated warnings.

Urgent Managerial Necessity

• Severe economic downturn leading to necessary downsizing.
• Company restructuring or merger.
• Technological advancements making the employee's position redundant.

It's important to note that the burden of proof for "just cause" lies with the employer. South Korean courts generally favor employee rights, interpreting "just cause" with a high standard. The Korean Supreme Court has ruled that reasons for termination must be "directly attributable to the employee".

Notice Requirements

South Korea mandates a notice period for terminations:

• Minimum Notice: At least 30 days of advance notice in writing.
• Payment in Lieu of Notice: The employer can opt to pay the employee 30 days' worth of wages instead of providing the notice period.
• Longer Notice Periods: Employment contracts may specify longer notice periods depending on factors such as the employee's length of service.

Severance Pay

Most employees terminated after their probationary period in South Korea are entitled to severance pay.

• Calculation: One month's average salary for each year of service.
• Eligibility: Employees must have worked for at least one continuous year to qualify.
• Payment Timeline: Severance pay must typically be paid within 14 days of termination.

Additional Considerations

• Collective Dismissals: Specific rules and procedures around mass layoffs may apply if a company is terminating a significant number of employees due to business reasons.
• Unfair Dismissals: Employees can challenge their termination in labor courts if they believe it to be without just cause or procedurally unfair.

South Korea has a range of anti-discrimination laws in place, although there is no single, unified act that covers all potential areas of discrimination. The main laws that address discrimination include those that protect against gender discrimination, such as The Equal Employment Opportunity and Work-Family Balance Assistance Act. This law prohibits discrimination based on sex, pregnancy, childbirth, and family responsibilities.

Disability Discrimination

The Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy for Infringement of their Rights is in place to prohibit discrimination against people with disabilities. This law covers many areas of life, including employment, education, public services, and transportation.

Age Discrimination

The Act on the Prohibition of Age Discrimination in Employment and Promotion of Employment of Older Persons is in place to prohibit employers from setting discriminatory age limits in job advertisements and hiring.

Other Specific Laws

There are additional laws and regulations in place to address discrimination based on factors such as medical history, place of origin, academic background, physical appearance, criminal history, and marital status.

Redress Mechanisms

If you feel you've been discriminated against in South Korea, you have several options. The National Human Rights Commission of Korea (NHRCK) is an independent government body that investigates and mediates discrimination complaints. The Labor Relations Commission handles complaints of discrimination specifically in the workplace. Victims of discrimination can also file civil lawsuits for compensation and other remedies.

Employer Responsibilities

South Korean employers are legally obligated to prevent discrimination and harassment in the workplace. This includes establishing clear anti-discrimination policies, taking all complaints of workplace discrimination seriously, conducting thorough investigations, and taking appropriate disciplinary measures. Employers are also required to provide training on anti-discrimination laws and foster a workplace culture that prohibits discrimination and harassment based on protected characteristics. Under the Act on the Prohibition of Discrimination against Persons with Disabilities, employers must provide reasonable accommodation to employees with disabilities.

South Korea's working conditions are a complex blend of legal standards and cultural norms.

Work Hours

The Labor Standards Act (LSA) in South Korea mandates a 40-hour workweek, with a maximum of 52 hours allowed per week, including overtime. However, there's a legal limit of 12 hours of overtime per week, with exceptions for specific industries like healthcare and transportation. Despite these regulations, South Korea struggles with a culture of long working hours. Employees often feel pressured to work extra hours to demonstrate dedication, leading to an average of 44.6 hours worked weekly, exceeding the OECD average.

Rest Periods

The LSA also mandates a minimum of 11 hours of rest between workdays. Workers are legally entitled to one paid day of rest per week. After working for more than 80% of a year, employees accrue 15 days of paid annual leave.

Ergonomic Requirements

While specific ergonomic regulations exist in South Korea, enforcement can be lax. The general framework for occupational safety and health is outlined in the Industrial Safety and Health Act. However, the implementation of these regulations often falls short, leading to potential issues with workplace comfort and efficiency.

South Korea prioritizes worker safety through a robust framework of regulations. The Occupational Safety and Health Act (OSHA) forms the cornerstone of workplace health and safety regulations in South Korea. Employers must comply with its provisions.

Employer Obligations

Employers are responsible for maintaining a safe work environment by identifying and mitigating potential hazards. This includes ensuring proper ventilation, implementing safety protocols for machinery and equipment, and offering personal protective equipment (PPE) where necessary. Employers in certain industries, particularly those with exposure to hazardous materials, are obligated to provide regular health checkups for employees. Businesses above a specific size threshold must designate safety and health managers to oversee workplace safety programs and ensure adherence to regulations. Employers must also provide safety training to employees relevant to their job tasks and potential workplace hazards.

Employee Rights

Employees in South Korea possess vital rights under OSHA. They have the right to work in an environment free from foreseeable hazards that could cause injury or illness. Employees can refuse to perform tasks they believe are unsafe without facing repercussions. They also have the right to access information regarding workplace hazards and safety protocols. Employees can report suspected safety violations to the Ministry of Employment and Labor (MOEL) or KOSHA without fear of retaliation.

Enforcement Agencies

Two primary agencies oversee workplace safety enforcement in South Korea. The MOEL establishes and enforces occupational safety and health regulations. They conduct workplace inspections and hold employers accountable for violations. The Korea Occupational Safety and Health Agency (KOSHA), a public agency under MOEL, plays a crucial role in promoting workplace safety. They offer safety consultations, training programs, and investigate workplace accidents.