Advance Notice Pay (해고예고수당) in Korea: Complete Guide for Foreign Workers

What Is Advance Notice Pay?

Article 26 of the Labor Standards Act (근로기준법 제26조) requires employers to give at least 30 days' advance notice before dismissing a worker. If the employer fails to give 30 days' notice, they must pay the worker at least 30 days' ordinary wages (통상임금) as advance notice pay (해고예고수당). In other words, if you were notified of dismissal on the same day or within just a few days, you have the right to claim advance notice pay.

Note for foreign workers: Your employment contract may specify terms different from the statutory minimum, but the statutory protections under the Labor Standards Act apply regardless.

Exceptions to the Advance Notice Requirement

The advance notice obligation does not apply to all workers. Immediate dismissal without notice is permitted in the following cases:

Workers whose continuous period of employment is less than 3 months
Cases where continuation of the business is impossible due to unavoidable reasons such as natural disasters or wartime emergencies
Cases where the worker has deliberately caused serious disruption to the business or inflicted property damage (as defined by Ministry of Employment and Labor regulations)

Note: Even for workers employed less than 3 months, the outcome may differ depending on specific circumstances (e.g., whether the worker is a daily-hire worker), so caution is advised.

How to Calculate Advance Notice Pay

Advance notice pay is calculated as ordinary wages × 30 days. Ordinary wages may include not only base pay but also allowances paid on a regular and uniform basis (e.g., position allowances, meal allowances). For example, if your monthly ordinary wage is KRW 3,000,000, your advance notice pay would be KRW 3,000,000 (30 days' worth). If partial notice was given (e.g., 10 days' notice), you may only claim the amount corresponding to the shortfall (20 days' worth).

How to File a Complaint for Unpaid Advance Notice Pay

Step 1 – Gather Evidence

Save in advance: dismissal notification texts, KakaoTalk messages, or emails; evidence of coerced resignation; your employment contract; and pay stubs.

Step 2 – File a Complaint with the Ministry of Employment and Labor

Non-payment of advance notice pay constitutes a violation of Article 26 of the Labor Standards Act (근로기준법 제26조). You may file a complaint (진정) with the competent regional Employment and Labor Office (지방고용노동청/지청). There are three ways to submit:

Online: Ministry of Employment and Labor Civil Affairs Portal (minwon.moel.go.kr) → "Wage Arrears Complaint (임금체불 진정)"
In person: Visit the Employment and Labor Office with jurisdiction over the employer's workplace
By mail: Complete a complaint form and send it by registered post

Step 3 – Investigation and Correction

Once the complaint is received, a labor inspector (근로감독관) will conduct a factual investigation. If the employer refuses to pay, they may be subject to imprisonment of up to 2 years or a fine of up to KRW 20,000,000 under Article 110 of the Labor Standards Act (근로기준법 제110조).

Step 4 – Civil Litigation (Small Claims Procedure)

If the matter is not resolved through the labor office investigation, you may file a direct claim through a small claims trial (소액사건심판) or civil lawsuit (민사소송). The statute of limitations for advance notice pay claims is 3 years under Article 49 of the Labor Standards Act (근로기준법 제49조), so you must exercise this right within 3 years from the date of dismissal.

Frequently Asked Questions

Q. Can I receive advance notice pay if I was "encouraged to resign" (권고사직)?
A recommended resignation is generally treated as a mutually agreed termination, so the advance notice obligation does not apply in principle. However, if the resignation was effectively coerced, you may file for unfair dismissal (부당해고) relief and simultaneously claim advance notice pay.

Q. Can I receive advance notice pay separately from severance pay (퇴직금)?
Yes. Advance notice pay is a separate right from severance pay (퇴직금) and unemployment benefits (실업급여).

Resolve It Now with Bylaw (바이로)

If severance pay has also been withheld along with advance notice pay, use Bylaw's severance pay calculator at workbylaw.com to check your estimated severance pay first. You can also use Bylaw's AI complaint drafting feature to quickly prepare a complaint for submission to the labor office, significantly reducing the time needed to get ready to file.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.