Advance Notice Pay (해고예고수당) in Korea: Can You Actually Get It? Claims Process & Real Cases

What Is Advance Notice Pay (해고예고수당)?

When an employer dismisses a worker, they must give at least 30 days' advance notice. If they fail to do so — by terminating immediately or giving fewer than 30 days' notice — the employer must pay at least 30 days' ordinary wages (통상임금) as advance notice pay (해고예고수당) under Article 26 of the Labor Standards Act (근로기준법 제26조). In plain terms: if you were told "don't come in starting today," you can claim the equivalent of one month's wages.

Who Is Eligible for Advance Notice Pay?

Not every worker is entitled to advance notice pay. The notice obligation is waived in the following situations:

Conversely, if a worker who has been employed for 3 months or more is dismissed immediately without any of the above exceptions applying, they can claim advance notice pay. This applies regardless of whether the worker is full-time, on a fixed-term contract, or a part-time (arubaito) worker.

Note for foreign workers: Your employment contract may specify different notice terms, but the statutory minimum under Article 26 cannot be waived to your disadvantage.

Common Situations Seen in Real Cases

Online communities and labor office consultation records show several recurring patterns.

① Employer pressures the worker to sign a "voluntary resignation" form
To avoid paying advance notice pay and unemployment benefits (실업급여), employers sometimes ask workers to sign voluntary resignation documents. In this situation, do not sign, and preserve evidence of the dismissal via text message, KakaoTalk, email, or other written records.

② Dismissal disguised as "recommended resignation" (권고사직)
Some employers argue that because the worker agreed to a recommended resignation, no advance notice pay is owed. However, court precedent — including Supreme Court Decision 2011da42324 — holds that if a worker expressed refusal but was coerced into signing, the separation can still be treated as a dismissal (해고).

③ Employer promises to pay but keeps delaying
Advance notice pay must be paid at the time the dismissal notice is given. A promise to pay on the next regular payday may not constitute proper legal compliance — be cautious.

Claims Process: How to Actually Get Paid

  1. Gather evidence: Save dismissal notices sent by text, KakaoTalk, email, or any audio recordings.
  2. Send a certified letter (내용증명): Formally request payment of advance notice pay from the employer in writing.
  3. File a complaint with the Labor Office (노동청 진정): If the employer does not respond, file a wage arrears complaint (임금체불 진정) with the competent Regional Employment and Labor Office. Because advance notice pay has the character of wages, it can be reported as unpaid wages.
  4. Small claims court or civil lawsuit: If the complaint does not resolve the matter, you may file a small claims petition (소액심판) with the court.

The statute of limitations for wage claims (임금채권 소멸시효) is 3 years, so you must file within 3 years of the date of dismissal.

How Is the Amount Calculated?

Advance notice pay equals 30 days of ordinary wages (통상임금). 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 monthly-salaried workers, this is roughly one month's ordinary wages. For hourly or daily-rate workers, the formula is: daily ordinary wage × 30 days.

If calculating your exact ordinary wages is difficult, you can use the salary take-home calculator on Bylaw (workbylaw.com) to first understand your basic wage structure. Bylaw's AI labor law search and complaint drafting assistant can also help you prepare the actual claim documents.

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