When Your Boss Forces You to Sign a Resignation Letter: What You Lose If You Sign and What to Do Before Signing

When does this apply?

• Your boss says, "Sign the resignation letter. If you don't, I will report you."
• Your boss asks you to sign and says, "It is just a formality" or "You must write this to get your pay."
• Your boss gives you a paper in Korean and tells you to sign without explaining what it says.
• Your boss says there is no work, tells you to "just leave," and asks for a resignation letter.
• Your boss tells you to sign a blank paper or a paper with no date.

Why does the company want a resignation letter?

If the company makes a worker leave, that is dismissal (being fired). Dismissal comes with duties for the company. If the company does not tell you 30 days before, it must pay you at least 30 days of ordinary wages (dismissal notice pay). At a workplace with 5 or more regular workers, the company must have a valid reason to fire you. The worker can also apply for a remedy (ask for the dismissal to be fixed) at the 노동위원회 (Labor Relations Commission). With a resignation letter, the company can say, "The worker quit on their own."

Losses you may face if you sign

1. Number of workplace changes On an E-9 visa, you can change workplaces up to 3 times in the first 3 years and 2 times during the re-employment period. If you move because of the employer's fault, such as unpaid wages, violence, breaking the working conditions, or the business closing or stopping work, it is not counted. But if there is a resignation letter that says "I am quitting for personal reasons," it becomes hard to claim the employer was at fault. If the contract is treated as ended by agreement with the company, the rule is that it is counted. When you use up all your changes, you cannot move anymore. See Changing workplaces – reasons, steps, number of changes.

2. Dismissal notice pay If the company suddenly makes you leave, you can get at least 30 days of ordinary wages. If it counts as quitting on your own, it is hard to get this. See Dismissal notice pay.

3. Unemployment benefits For E-9 workers, the unemployment benefits part of employment insurance applies only if you applied for it (Employment Insurance Act Article 10-2). If you did not sign up, unemployment benefits do not apply to you at all. Even if you signed up, you cannot get unemployment benefits if you quit for personal reasons without a valid reason (Employment Insurance Act Article 58). Check with the 고용센터 (Job Center) or 1350 whether you signed up and whether your case qualifies. Also see Overview of the 4 social insurances.

4. Fighting unfair dismissal At a workplace with 5 or more regular workers, if a dismissal is unfair, you can apply for a remedy at the Labor Relations Commission within 3 months from the day you were fired. If there is a resignation letter, it is hard to fight the company when it says "It was not a dismissal."

Steps: when you are asked to sign

1. Do not sign on the spot. Say, "I will answer after I get advice." In Korean, say "먼저 상담하고 답하겠습니다 (meonjeo sangdamhago dapagetseumnida)."
2. Take a photo of the paper. It is evidence of what they asked you to write.
3. Keep a record. Record what your boss says, or after the talk, send a text message: "Today the boss asked me to sign a resignation letter. I do not want to quit."
4. Go to work as usual. If you stop going without saying anything, the company can claim you were absent without permission or ran away. If they stop you from coming to work, ask by text: "May I come to work?"
5. If the company tells you to quit, ask for the dismissal notice in writing.
6. Get advice. Call 1577-0071 (Nepali, 3-way calls possible) or 1350. If you have unpaid wages, think about filing a complaint as explained in How to report unpaid wages.
7. Within 1 month after your work contract ends, apply for a workplace change at the 고용센터 that covers the area where your workplace was.

If you already signed

1. Get advice right away. The more time passes, the harder it is to collect evidence.
2. Write down how you were forced to sign. Write when, where, who, and what words were used to make you sign. Recordings, text messages, and coworkers who were there are evidence. The Supreme Court decided that ending a work contract by making a worker who did not want to quit write a resignation letter against their will counts as dismissal (Supreme Court 2001다76229).
3. If the employer was at fault, collect evidence of it. Facts like unpaid wages, violence, or breaking working conditions do not disappear because you wrote a resignation letter. When you apply for a workplace change at the 고용센터, you can hand in this evidence and ask them to treat it as the employer's fault. The 고용센터 decides whether to accept it.
4. If your workplace has 5 or more workers, keep the 3-month deadline. To fight it as a dismissal, apply for a remedy at the Labor Relations Commission within 3 months from the day you were fired. Ask 1350 or 132 first whether this fits your case.
5. Get the money you are owed. Even if you wrote a resignation letter, you have the right to your wages up to your last working day and your severance pay.

What to prepare

• 근로계약서 (work contract), 외국인등록증 (alien registration card)
• Photo of the resignation letter (the one you were given or signed)
• Recordings, text messages, KakaoTalk chats
• 급여명세서 (pay slips), bank deposit records, records of your work hours
• Contact details of coworkers who worked with you

Things to be careful about

• Do not sign a blank paper, a paper with no date, or a Korean paper you do not understand. It can be used later as a resignation letter or an agreement.
• The same goes for papers like "agreement to return home" or "voluntary departure." Get advice before you sign.
• If an agreement says "this money ends everything," it becomes hard to get the rest of your money. Calculate the amount again and get advice.
• Do not pack your things and leave right after being told to go. You risk being reported for leaving the workplace without permission. See When your boss threatens to report you as a runaway.

Frequently asked questions

Q. My boss says he will not pay me if I do not write a resignation letter. A. The rule is that you get your wages whether or not you write a resignation letter. If you have left, you must get your remaining wages and severance pay within 14 days. If you hear this, record it or keep it in a text message, and call 1577-0071 or 1350 for advice.

Q. My boss says, "It is fine because we are ending this by agreement." A. If you end the contract by agreement with the company, you can change workplaces, but the rule is that it is counted. If the employer was at fault, such as unpaid wages, get advice before signing about whether you can move for that reason.

Q. Can I get unemployment benefits? A. For E-9 workers, it only applies if you signed up separately for the unemployment benefits part. Even if you signed up, it is hard to get them if it is treated as quitting on your own. Check with the 고용센터 or 1350 whether you signed up and whether you qualify.

Q. My company has fewer than 5 workers. Is there nothing I can do? A. Workplaces with fewer than 5 workers are not covered by the unfair dismissal remedy application. But you can still get dismissal notice pay (if you worked 3 months or more), wages, and severance pay. If the employer was at fault, you can also apply for a workplace change that is not counted. See Rules for workplaces with fewer than 5 workers.

Where to get help

Organization	Phone	What they help with
외국인력상담센터 (Foreign Workers Counseling Center)	1577-0071	Advice on resignation letters and workplace changes, many languages including Nepali, 3-way calls, 365 days 09:00~18:00 (staff on duty on Saturdays and public holidays)
고용노동부 (Ministry of Employment and Labor) Customer Counseling Center	1350	Dismissal, workplace change, unemployment benefits
대한법률구조공단 (Korea Legal Aid Corporation)	132	Free legal advice
외국인종합안내센터 (Immigration Contact Center)	1345	Advice on staying in Korea, Nepali on weekdays 09:00~18:00
고용센터 covering the area of your former workplace	Which 고용센터 should I apply to?	Workplace change application