'Don't come to work from tomorrow' โ If you are not told 30 days before, you get 30 days of ordinary wages
If you are suddenly fired, ask for dismissal notice pay. Do not sign a resignation letter.
Quick summary
- If your boss suddenly says "Don't come to work from tomorrow," that is dismissal (being fired). The employer must tell you 30 days before a dismissal.
- If they did not tell you 30 days before, as a rule you get at least 30 days of ordinary wages (ํด๊ณ ์๊ณ ์๋น, dismissal notice pay) (๊ทผ๋ก๊ธฐ์ค๋ฒ (Labor Standards Act) Article 26).
- This rule also applies to workplaces with fewer than 5 workers. But if you worked for less than 3 months, you cannot get it.
- At a workplace with 5 or more workers, the employer must tell you the reason and the date of dismissal in writing. A dismissal said only by mouth has no legal effect (Article 27).
- Do not sign a resignation letter (์ฌ์ง์). If you sign it, it means "I quit by myself." You may lose the notice pay and also your reason for changing workplace.
When does this apply?
- Your boss suddenly said "Stop coming" or "There is no work for you from tomorrow"
- Your contract period is not finished, but the company wants to end it first
- The company told you to leave, saying "The company is in trouble" or "Your job is gone"
- The company told you to leave the dormitory and also to stop working
There are only three cases where you cannot get dismissal notice pay (Article 26, each item).
- You worked continuously for less than 3 months
- The business cannot continue because of a natural disaster or other unavoidable reason
- The worker on purpose caused serious harm to the business or damage to its property, and this is one of the reasons set by ๊ณ ์ฉ๋ ธ๋๋ถ (Ministry of Employment and Labor) rules
If you do not know which case applies to you, you can ask at 1350 or 1577-0071.
How much do you get?
Dismissal notice pay is calculated as 1 day of ordinary wage ร 30 days. The ordinary wage (ํต์์๊ธ) is pay that is fixed every month, like your basic pay. Overtime pay and night work pay are not included.
Here is an example for a person who works 8 hours a day at the 2026 minimum wage (10,320์ per hour).
- 1 day of ordinary wage: 10,320์ ร 8 hours = 82,560์
- Dismissal notice pay: 82,560์ ร 30 days = 2,476,800์
If your monthly pay is higher than the minimum wage, the notice pay is also higher. If the amount the company calculated is lower than this, you can ask them to show how they calculated it.
Separate from dismissal notice pay, as a rule you must receive all remaining wages and your ํด์ง๊ธ (severance pay) within 14 days from the day you left the job (Article 36).
Steps
- Ask, "Is this a dismissal?" Ask your boss: "Are you firing me? From when? What is the reason?" Record this conversation, or ask again by text message or KakaoTalk and keep the answer. In Korea, it is allowed to record a conversation that you are part of.
- Do not sign a resignation letter or agreement (ํฉ์์). Even if they say "It is just a formality" or "You must write this to get your salary," do not sign. As a rule, you get your wages whether or not you write a resignation letter.
- Ask for a written notice. If the workplace has 5 or more workers, ask for a document that shows the reason and the date of dismissal. Even if they do not give it, the record that you asked for it is evidence.
- Ask for dismissal notice pay. Send a text or KakaoTalk message: "I was dismissed without notice 30 days before, so please pay dismissal notice pay of โโโ์ by โ (month) โ (day)."
- If they do not pay, file a complaint (์ง์ ). File a complaint about unpaid wages (์๊ธ์ฒด๋ถ ์ง์ ) online at the Labor Portal (labor.moel.go.kr) or at the regional labor office (์ง๋ฐฉ๊ณ ์ฉ๋ ธ๋๊ด์) in charge of your workplace. Unpaid dismissal notice pay can also be reported this way. For how to do this, see the article "How to report when you did not receive your wages."
- If the dismissal itself is unfair, apply for remedy (๊ตฌ์ ์ ์ฒญ, a request to fix the unfair dismissal) at the Labor Relations Commission (๋ ธ๋์์ํ). If the workplace has 5 or more regular workers and you were fired without a fair reason, you can apply to the Regional Labor Relations Commission (์ง๋ฐฉ๋ ธ๋์์ํ) within 3 months from the dismissal date (Article 28). You can apply online at nlrc.go.kr. After 3 months, you cannot apply.
- Apply for a workplace change at the ๊ณ ์ฉ์ผํฐ (Employment Center). As a rule, E-9 workers must apply at the ๊ณ ์ฉ์ผํฐ within 1 month from the day the employment contract ended. Do not wait until the dispute about the pay is finished. Apply first. For the detailed steps, see the article "Workplace change โ reasons, steps, number of times."
What to prepare
- Evidence of the dismissal: recording files, screenshots of text or KakaoTalk messages, dismissal notice (if you have one)
- Name and contact of coworkers who heard it with you (witnesses)
- ๊ทผ๋ก๊ณ์ฝ์ (employment contract) (ํ์ค๊ทผ๋ก๊ณ์ฝ์, standard employment contract), ์ธ๊ตญ์ธ๋ฑ๋ก์ฆ (Alien Registration Card)
- ๊ธ์ฌ๋ช ์ธ์ (pay slips) for the last 3 months, bank deposit records
- Work attendance records: work schedule, entry card records, your own notes
Be careful
- If they say "Just leave," do not simply pack your things and go. Go to work the next day as usual, or ask by text message if you should come to work. If you stop going without saying anything, the company may claim you were "absent without permission or left your job (๋ฌด๋จ๊ฒฐ๊ทผยท์ดํ)."
- If you write a resignation letter, it counts as quitting by your own choice. It becomes hard to get dismissal notice pay. It also becomes hard to have the workplace change accepted as "the employer's fault."
- At workplaces with fewer than 5 workers, you can get dismissal notice pay. But the duty of written notice (Article 27) and the remedy application to the Labor Relations Commission (Article 28) do not apply. In this case, focus on getting the notice pay and your remaining wages through a complaint.
- Even if the employer told you 30 days before, that does not make the dismissal fair. Notice and a fair reason are two separate things.
- Number of workplace changes: If your boss ended the contract, you can apply for a change within 1 month. If you were fired because of the employer's fault, such as unpaid wages, breaking working conditions, or closing or stopping the business, it may be accepted as a "reason that is not the worker's fault." Then it may not count toward your number of changes. The ๊ณ ์ฉ์ผํฐ decides this, so bring your evidence.
- Like wages, it becomes hard to claim dismissal notice pay after 3 years.
Frequently asked questions
Q. My boss says, "Your contract period is over, so leave." Is this a dismissal? A. If the job ends on the end date written in your contract, it is not a dismissal. It is the end of the contract (๊ณ์ฝ ๋ง๋ฃ). In this case, there is no dismissal notice pay. But ending the job before the end date is a dismissal. Check the date in your contract. Even when the contract ends, you can still apply for a workplace change within 1 month.
Q. I have only worked for 2 months. A. If you worked continuously for less than 3 months, you cannot get dismissal notice pay. But you must still receive all wages for the days you worked within 14 days. If the workplace has 5 or more workers, you can still apply for remedy for unfair dismissal.
Q. Can the employer fire me at any time if they pay 30 days of notice pay? A. No. The notice pay is money for not giving notice. At workplaces with 5 or more workers, there must also be a fair reason for the dismissal. If there is no reason, you can apply for remedy at the Labor Relations Commission.
Q. My boss says, "You were not fired. You left by yourself." A. This is why evidence is important. If you have a recording of the dismissal, messages, or witnesses, it is easier to have it accepted as a dismissal. If you did not sign a resignation letter, it is even better for you.
Q. Can I go back to my home country the day after I am fired? A. If you leave Korea, it becomes hard both to claim the notice pay and to change workplace. First, apply for a workplace change at the ๊ณ ์ฉ์ผํฐ within 1 month. You can file the complaint online at the Labor Portal.
Where to get help
| Organization | Phone / Website | Services |
|---|---|---|
| ์ธ๊ตญ์ธ๋ ฅ์๋ด์ผํฐ (Foreign Workforce Counseling Center) | 1577-0071 | Counseling on dismissal and workplace change, 18 languages |
| ๊ณ ์ฉ๋ ธ๋๋ถ ๊ณ ๊ฐ์๋ด์ผํฐ (Ministry of Employment and Labor Customer Center) | 1350 | Counseling on dismissal notice pay and complaints |
| ์ธ๊ตญ์ธ์ข ํฉ์๋ด์ผํฐ (Immigration Contact Center) | 1345 | Questions about visa status and leaving Korea, 20 languages |
| ๊ณ ์ฉ๋ ธ๋๋ถ ๋ ธ๋ํฌํธ (Labor Portal) | labor.moel.go.kr | Online complaint filing |
| ๋ ธ๋์์ํ (Labor Relations Commission) | nlrc.go.kr | Remedy application for unfair dismissal (5 or more workers, within 3 months) |
| ๊ณ ์ฉ์ผํฐ | Nearest ๊ณ ์ฉ์ผํฐ | Workplace change application (within 1 month) |