| View previous topic :: View next topic |
| Author |
Message |
morrisfletcher
Joined: 21 Oct 2010
|
 Posted: Mon Apr 11, 2011 6:52 pm Post subject: Confused about Firing Notice |
 |
|
From the Labor Standards Act
(about the required 30 Day notice for dismissal)
The provisions of Article 26 shall not apply to workers who
fall within the purview of each of the following subparagraphs:
1. a worker who has been employed on a daily basis for
less than three consecutive months;
2. a worker who has been employed for a fixed period not
exceeding two months;
3. a worker who has been employed as a monthly-paid
worker for less than six months;
4. a worker who has been employed for seasonal work for
a fixed period not exceeding six months; or
5. a worker in a probationary period
As a someone who works everyday for more than three months, and for a fixed period over two months.........does number 3 still also apply.
I have worked for 5 months.....can I still according to this be canned with no notice? |
|
| Back to top |
|
 |
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Mon Apr 11, 2011 7:55 pm Post subject: Re: Confused about Firing Notice |
|
|
| morrisfletcher wrote: |
From the Labor Standards Act
(about the required 30 Day notice for dismissal)
The provisions of Article 26 shall not apply to workers who
fall within the purview of each of the following subparagraphs:
1. a worker who has been employed on a daily basis for
less than three consecutive months;
2. a worker who has been employed for a fixed period not
exceeding two months;
3. a worker who has been employed as a monthly-paid
worker for less than six months;
4. a worker who has been employed for seasonal work for
a fixed period not exceeding six months; or
5. a worker in a probationary period
As a someone who works everyday for more than three months, and for a fixed period over two months.........does number 3 still also apply.
I have worked for 5 months.....can I still according to this be canned with no notice? |
One year contract, monthly salary, you will fall into #3 but #5 may still apply (contractual issue). They are NOT legally required to give notice unless it is required by your contract and not needed for termination with "cause".
#1 and 2 do not apply.
The exception to number 3 would be the end of your contract. They are not required to renew you and unless they indicate otherwise, in writing, you can assume that your end of contract is the end of your employment. If you get notice "in writing" of their intent to renew/extend then number 3 will still apply at the end of your contract.
. |
|
| Back to top |
|
|
morrisfletcher
Joined: 21 Oct 2010
|
| Posted: Mon Apr 11, 2011 8:33 pm Post subject: |
|
|
Thanks ttompatz.....I knew I would get a good response from you.
I guess I shouldn't be too upset, it was my inexperience that allowed me to sign a contract that didn't stipulate some sort of notice prior to the six months....I guess my ignorance allowed me to believe there were better labor standards here (ie a 5 month employee can get canned on the spot). Kind of harsh, but I should have known the law......live and learn.
Thanks for the info
the way things are going, I guess I will have to plan to be fired at any point with no real recourse.....I'm hoping I am still legally entitled to pay for the days that I work, if I get fired before a paycheck? That scenario should be a fun fight though. |
|
| Back to top |
|
|
lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
|
| Posted: Mon Apr 11, 2011 11:42 pm Post subject: |
|
|
| Instead of 11 month firings, 5 month now. Lovely. |
|
| Back to top |
|
|
RMNC
Joined: 21 Jul 2010
|
| Posted: Tue Apr 12, 2011 4:33 am Post subject: |
|
|
| I too have noticed this trend. I'm going to start recommending that every contract have a clause about 30 days or 1 month's pay. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
