Unfair Dismissal for Part-Time Workers in Korea – Complete Guide for Foreign Workers

Can Part-Time Workers Be Protected from Unfair Dismissal?

Many part-time workers (아르바이트생) assume, "I'm just a part-timer, so my employer can let me go at any time." This is a misconception. The Labor Standards Act (근로기준법) makes no distinction between full-time, non-regular, or part-time workers — its dismissal protections apply to every worker.

Requirements for a Lawful Dismissal

Article 23 of the Labor Standards Act (근로기준법 제23조) states: "An employer may not dismiss a worker without just cause." Just cause requires either ① a reason attributable to the worker (e.g., repeated unauthorized absences, repeated violations of work instructions) or ② an unavoidable business necessity, and the reason must be serious enough that, by generally accepted social norms, continuing the employment relationship is not feasible.

Procedural requirements are equally important:

• Advance notice of dismissal (해고예고): The employer must give at least 30 days' advance notice, or, if notice is not given, must pay an advance-notice allowance (해고예고수당) equivalent to at least 30 days of ordinary wages (Article 26 of the Labor Standards Act, 제26조).
• Written notice (서면 통지): The reason for dismissal and its effective date must be communicated in writing (Article 27, 제27조). Notification by KakaoTalk message or verbal notice alone may be deemed procedurally deficient.

Note: Certain exceptions apply — for example, daily workers who have been employed for fewer than 3 months, or part-time workers working fewer than 60 hours per month — so you should first confirm your own employment type.

Examples of Unfair Dismissal (부당해고)

• Immediate dismissal via a single text message saying "Don't come in starting today"
• Dismissal for being late once or twice, or for a minor dispute with a customer
• Dismissal on grounds of pregnancy, childbirth, or joining a labor union
• Unilateral termination notice while a fixed-term contract still has time remaining

If any of the above applies to your situation, you have grounds to claim unfair dismissal.

How to Apply for Unfair Dismissal Relief

① Application to the Labor Relations Commission (노동위원회)
Within 3 months of the date of dismissal, you may file an unfair dismissal relief application with the competent Regional Labor Relations Commission (Article 28 of the Labor Standards Act, 제28조). If the application is upheld, you can receive reinstatement to your original position or back pay (임금 상당액) for the period of dismissal. There is no filing fee, and you can apply in person.

② Complaint to the Ministry of Employment and Labor (고용노동부 진정)
If you did not receive the advance-notice allowance or if wage arrears are also involved, you may file a complaint with the competent Regional Employment and Labor Office (고용노동청). This can result in fines or criminal penalties for the employer, making it an effective means of practical pressure.

③ Securing Evidence Is Critical
Immediately preserve screenshots of dismissal texts or KakaoTalk messages, work logs, wage transfer records, and your employment contract. The stronger your evidence, the higher your chances of obtaining relief.

Don't Overlook Severance Pay (퇴직금)

If you worked 15 hours or more per week and your continuous employment period was 1 year or more, you are entitled to severance pay even as a part-time worker. Even if your contract was cut short due to unfair dismissal, you may still claim severance pay if you meet these thresholds.

You can use the Bylaw (바이로, workbylaw.com) severance pay calculator to instantly estimate your expected severance pay by entering your period of employment and average wage. The platform's AI search and complaint-drafting features also let you quickly prepare a draft relief application for the Labor Relations Commission or a complaint for the Regional Employment and Labor Office.

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