주한외국인법률정보

[Q&A] Fired over a single sick day with no written notice. Do I really have to leave Korea?

Your rights against illegal verbal dismissal and procedures for seeking relief.

[Q&A] Fired over a single sick day with no written notice. Do I really have to leave Korea?
Table of Contents

The Dilemma

"I took one sick day, and the next day my boss told me not to come back. They gave no written notice. Even though my visa is still valid, do I really have to leave like this?"

The Legal Reality: Protection Against Arbitrary Dismissal

In Korea, the process of firing an employee is strictly regulated. A sudden verbal dismissal after a single sick day is almost certainly Illegal and Invalid. You are protected by the Labor Standards Act (LSA), and your employer's failure to follow proper procedure gives you significant legal leverage.

1. The Requirement for Written Notice

Under Article 27 of the LSA, a dismissal is only effective if the employer provides a Written Notice stating the specific reasons and the date of termination. A verbal "Don't come back," an email, or a KakaoTalk message does NOT count as a valid dismissal notice. If they didn't give you paper, you are legally still an employee.

2. The 30-Day Notice Rule

Even if there is a valid reason for dismissal, the employer must give at least 30 days' notice. If they fire you immediately, they must pay you 30 days' worth of wages as a 'Dismissal Notice Allowance' (Haego-yego-sudang). This applies to all workplaces, including small businesses with fewer than 5 employees.

3. What to Do Immediately

  • Do Not Sign Anything: Do not sign a 'Voluntary Resignation' (Sa-jik-seo).
  • Protest the Dismissal: Send a text or email saying: "I am ready to work. Please clarify why you are telling me not to come back. I have not resigned."
  • Report to the Labor Relations Commission: If your workplace has 5 or more employees, you can file for 'Relief for Unfair Dismissal' to get your job back or receive several months' worth of back-pay.

4. How this Affects Your Visa (E-2, E-7, etc.)

Your visa is tied to your employment, but an illegal dismissal does not immediately end your legal stay. If you challenge the dismissal legally, you can maintain your status or switch to a D-10 (Seeking Employment) visa to stay and fight your case. The Immigration Office generally respects ongoing labor disputes.

5. Why Hoam Law Firm?

Wrongful dismissal cases for foreigners are a race against time. Employers hope you will panic and leave the country. Hoam Law Firm acts immediately to secure your 'Dismissal Notice Allowance' and represents you at the Labor Relations Commission. We ensure that your legal rights are enforced so that a single sick day doesn't turn into a life-altering deportation.

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