Data from Progressive Party Rep. Jeong Hye-kyung… It is difficult for employees of small businesses to receive judgment on the merits.
55.6% of unfair dismissal reports received by Workplace Gapjil 119 were ‘forced to resign or induced to resign’.
(Seoul = Yonhap News) Reporter Jeong Ji-su = Among the cases filed with the Labor Relations Commission over the past three years and seven months, less than 10% of cases were recognized as unfair dismissals.
According to Labor Relations Commission data provided by Workplace Gapjil 119 through the office of Progressive Party Rep. Jeong Hye-kyung on the 4th, only 9.5% of the 82,617 cases of unfair dismissal filed from January 1, 2023 to July 31, were actually recognized as unfair dismissals.
Of the total number of cases received, 68,309 cases were processed, of which 34.1% were adjudicated, 31.6% were reconciled, and 34.2% were withdrawn.
Of the 1,700 cases that were dismissed, 919 (54.1%) did not receive a judgment on the merits because they were workplaces with less than five employees.
In addition, as a result of analyzing 207 emails related to dismissal received as workplace abuse119, 'forced resignation/induction of resignation' accounted for 115 cases, or 55.6%.
Among them, there were 74 cases (35.7%) of pressure to resign due to harassment and personal insults such as verbal abuse, personal attacks, bullying, and exclusion from work.
In addition, there were other types such as 'verbal/immediate dismissal' (38 cases), where dismissal was notified in writing without written notice, 'extra-legal dismissal' (30 cases), where workplaces with less than 5 employees or employees did not receive relief due to fraud, etc., and 'reporting retaliation' (28 cases), where employees were disadvantaged for reporting, etc.
Workplace Gapjil 119, with support from the Friedrich Ebert Foundation, published the ‘10 Commandments of Dismissal Report’ on the 1st and announced types of dismissal and rules for workers to protect their rights.
The report presented nine system improvement tasks that can improve the gaps in laws and systems, such as ▲ redefining the concept of worker and introducing the principle of worker estimation, ▲ preventing abuse of fixed-term contracts, and ▲ mandating employment succession.
It also contains the '10 Commandments of Fireoffs', which summarizes the key points that workers who are suddenly notified of layoffs should know.
Workplace Gapjil 119 Labor attorney Park Eun-ha pointed out, "When a worker writes a resignation letter and resigns due to pressure to resign and inducement to resign, it is not a change of job based on the worker's free will, but is closer to a roundabout dismissal carried out by the employer for the purpose of avoiding responsibility and disadvantages resulting from dismissal."
He continued, “There is a need to improve the system by comprehensively considering the actual causes of turnover to determine whether to be fired and the reasons for loss of insurance eligibility under employment insurance, and to allow employers to prove voluntary resignation and justifiable reasons for contract termination.”
