Dismissal Notice Allowance for Part-Time Workers in Korea – Complete Guide
Can Part-Time Workers Receive a Dismissal Notice Allowance?
If you were working at a convenience store, café, restaurant, or similar workplace and your employer suddenly told you "you don't need to come in from tomorrow," it is completely understandable to feel shocked and wronged. The right you absolutely need to know about in this situation is the dismissal notice allowance (해고예고수당).
What Is the Dismissal Notice Allowance?
Article 26 of the Labor Standards Act (근로기준법 제26조) requires an employer who wishes to dismiss a worker to give at least 30 days' advance notice. If the employer fails to give 30 days' notice, they must pay the worker a dismissal notice allowance equal to at least 30 days of ordinary wages (통상임금). This rule applies equally to part-time workers (아르바이트생 / 단시간 근로자), not only to full-time employees.
Note for foreign workers: Your employment contract may set terms different from the statutory minimum, but the statutory protections under Article 26 cannot be waived to your disadvantage.
Exemptions – Check Whether They Apply to You
Not every part-time worker is entitled to the dismissal notice allowance. Under the proviso of Article 26 of the Labor Standards Act (근로기준법 제26조) and its Enforcement Decree, the following workers are exempt:
- Daily workers who have been employed for less than 3 months
- Workers hired for a fixed term of 2 months or less
- Monthly-wage workers who have been employed for less than 6 months
- Workers hired for seasonal work for a period of 6 months or less
- Workers on a probationary period of 3 months or less
In short, if you are a part-time worker who works 15 hours or more per week and has been employed for 3 months or more, you will generally be eligible to claim the dismissal notice allowance.
How Much Is the Dismissal Notice Allowance?
The dismissal notice allowance equals 30 days of ordinary wages. Ordinary wages include not only the basic hourly rate but also any allowances paid on a regular and uniform basis.
Calculation Example
- Hourly wage: 10,030 won (based on the 2026 minimum wage), working 8 hours per day
- Daily ordinary wage = 10,030 won × 8 hours = 80,240 won
- Dismissal notice allowance = 80,240 won × 30 days = approximately 2,407,200 won
The actual amount you receive will vary depending on your work pattern and hourly rate. You can use Bylaw's salary/wage calculator to quickly determine your ordinary wage basis.
What If You Have Not Been Paid the Dismissal Notice Allowance?
If your employer refuses to pay the dismissal notice allowance, they may be subject to imprisonment of up to 2 years or a fine of up to 20 million won under Article 110 of the Labor Standards Act (근로기준법 제110조). Follow these steps:
- Gather evidence: Save dismissal notification text messages, KakaoTalk messages, recordings, and any other relevant materials.
- Send a certified letter (내용증명): Formally request payment of the dismissal notice allowance.
- File a complaint with the Ministry of Employment and Labor (고용노동부 진정): Submit a complaint to the Regional Employment and Labor Office (지방고용노동청) with jurisdiction over your workplace.
- Apply for relief to the Labor Relations Commission (노동위원회 구제신청): You may also contest whether the dismissal constitutes unfair dismissal (부당해고) at the same time.
Bylaw (workbylaw.com) provides an AI-powered complaint drafting assistant. Enter your situation and it will automatically generate a draft complaint for submission to the Ministry of Employment and Labor — a useful tool for anyone who finds it difficult to write one alone.
Key Summary
| Item | Details |
|---|---|
| Legal basis | Article 26 of the Labor Standards Act (근로기준법 제26조) |
| Notice period required | 30 days before dismissal |
| Allowance amount | 30 days of ordinary wages |
| Who is covered | Includes part-time workers employed 3 months or more |
| Penalty for non-payment | Criminal punishment possible |
Do not give up your rights in the face of sudden dismissal. Use Bylaw's (workbylaw.com) contract review and complaint drafting features to respond quickly and accurately.
This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.