Unfair dismissal due to corona infection, what should I do?

<Question> Recently, my whole family took turns stricken with Corona and couldn't work for about a month. Then the boss fired me, saying, "The company doesn't need an employee with a sick family like this." I didn't get the corona virus because I wanted to, but this is too unfair to be fired. What should I do?

<Answer> If a employee is dismissed because of the corona infection, it is an unfair dismissal. In this case, the employee can ① apply for unfair dismissal relief to the local Labor Relations Commission within three months of dismissal, or ② file a civil suit with the court (confirmation of invalidity of dismissal and claim for wages during the period of unfair dismissal).

If an employee receives relief through the above procedure, he or she may be reinstated to his/her original position and receive wages during the period of unfair dismissal.

From an employee's point of view, unfair dismissal relief is much more advantageous than civil lawsuits in many ways. However, in order to apply for unfair dismissal relief, the number of regular employees at the workplace must be 5 or more.

If a decision is unacceptable to the employee, he or she can request a retrial (within 10 days) with the Central Labor Relations Commission or file an administrative lawsuit with the administrative court (within 15 days).

If three months have elapsed, you cannot file a claim for unfair dismissal, and in this case, you can file a civil suit.

However, if an employee writes a resignation letter or recommended resignation letter at the request of the employer, he or she cannot receive relief. Therefore, when writing a resignation letter, etc., you should be careful and think it thoroughly.

③ You can also claim a dismissal notice allowance. Dismissal must be given at least 30 days in advance by the employer to the employee. However, since unfair dismissals are often made immediately without notice, the employee can claim the dismissal notice allowance. This does not apply if the working period is less than 3 months.

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