Corporate trends / Performance record
Non-Formation of Hiring Decision (Absence of Offer Letter) – Unfair Dismissal Decision (Unfair Dismissal 61)
- Date2026/01/10 21:56
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[Case Information]
- Case name: Unfair dismissal decision regarding “non-formation of hiring decision (absence of offer letter)”
- Date of decision:
- Case number: First-instance decision upheld
- Decision body: Central Labor Relations Commission 2025Buhae1162 ○ ○ ○ Application for re-examination for remedy of unfair dismissal
2025.11.24
- Summary of outcome: Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed.
1. Legal Implications
Ⅰ. Case Overview
This case concerns a worker (job applicant) who claimed unfair dismissal on the basis that he or she had already reached the stage of a confirmed hiring decision, and therefore applied to the Labor Relations Commission for relief. The Central Labor Relations Commission, taking into account the course of negotiations on annual salary and start date, the request for an offer letter and the company’s response, re-examined in the re-examination proceedings whether a hiring decision had in fact been formed.
Labor Law Firm Law& emphasizes in similar disputes arising at the hiring/onboarding stage that the key issue is clearly distinguishing the point in time at which an employment contract is formed and the requirements for filing an application for relief with the Labor Relations Commission.
Ⅱ. Issues in Dispute
The issue in this case is whether, “in a situation where negotiations over annual salary and start date have progressed considerably, a hiring decision can be deemed to have been formed—and thus employee status recognized for purposes of an unfair dismissal relief application—even in the absence of a written offer letter or notification of final approval.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel in this case found that, although negotiations between the parties regarding annual salary and start date had progressed considerably, there had been no concrete discussions regarding other working conditions; that the worker requested issuance of an offer letter but received an explicit reply from the employer that it was “not possible”; and that there was no definitive response from an employer with hiring authority approving the worker’s offer or otherwise confirming the hiring.
In light of these circumstances, the panel held that it was difficult to find that the essential elements of the employment contract had been finally agreed and fixed, and that the employer’s final intent to hire had been clearly expressed externally.
The panel therefore determined that, because no hiring decision had been formed in the first place, the worker’s status as an employee could not be recognized, and the disposition at issue did not constitute an unfair dismissal subject to relief.
Ⅳ. Practical Points (From the Worker’s Perspective)
From the perspective of a worker (job applicant), it should be noted that negotiations limited to annual salary and start date may not be sufficient to form an employment contract or a hiring decision. If you intend to resign from your current employer or change your life plans on the assumption of a confirmed hiring decision, you should be sure to obtain in writing a “final expression of intent approved by a person with hiring authority,” such as an offer letter in the company’s name or an email confirming the hiring.
In addition, to apply to the Labor Relations Commission for relief from unfair dismissal, you must have the status of a worker under the Labor Standards Act—that is, an employment contract relationship with the employer. Accordingly, in disputes arising at the hiring stage, it is important to carefully collect and retain evidence that can prove “when and in what manner the employment contract was formed.”
Ⅴ. Practical Points (From the Employer’s Perspective)
From the company’s perspective, it is necessary to communicate clearly so as to distinguish between “conditional offers” or “under review” stages and the stage of “final hiring confirmation” during the recruitment process. Even if key terms such as annual salary and start date are being negotiated, until internal approval is obtained, it should be clearly stated in writing or by email that “final approval is pending and hiring has not yet been confirmed.”
Furthermore, practices such as not issuing offer letters or giving only verbal positive signals without explicit approval from a person with hiring authority can become seeds of disputes. It is therefore advisable to refine your HR regulations and recruitment processes and to codify the “point in time at which a hiring decision is formed” and the “procedures for issuing offer letters.”
To prevent and respond to disputes of this type, it is important to have an accurate understanding of the legal principles governing hiring decisions and the formation of employment contracts, and to design and operate your communication and documentation procedures in accordance with those principles.
2. Matters Decided
A. Case Overview and Procedural History
Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed. /
[See More Related Decisions]
- “‘Standing to Sue (Fewer than 5 Employees · Adjacent Corporations)’ Unfair Dismissal Decision” – Date of decision: – Case number: Dismissed
- “‘Voluntary Resignation (Pressure on Administrative Manager to Resign)’ Unfair Dismissal Decision” – Date of decision: – Case number: First-instance decision upheld
- “‘Implied Renewal (Continuous Service)’ Unfair Dismissal Decision” – Date of decision: – Case number: Fully upheld
[Tags]
Unfair dismissal, non-formation of hiring decision (absence of offer letter), Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is one of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “‘Extinction of Interest in Relief (Refusal to Comply with Reinstatement Order)’ Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to non-formation of hiring decision (absence of offer letter) can be viewed together in the “List of Decisions Related to Non-Formation of Hiring Decision (Absence of Offer Letter).”
- Case name: Unfair dismissal decision regarding “non-formation of hiring decision (absence of offer letter)”
- Date of decision:
- Case number: First-instance decision upheld
- Decision body: Central Labor Relations Commission 2025Buhae1162 ○ ○ ○ Application for re-examination for remedy of unfair dismissal
2025.11.24
- Summary of outcome: Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed.
1. Legal Implications
Ⅰ. Case Overview
This case concerns a worker (job applicant) who claimed unfair dismissal on the basis that he or she had already reached the stage of a confirmed hiring decision, and therefore applied to the Labor Relations Commission for relief. The Central Labor Relations Commission, taking into account the course of negotiations on annual salary and start date, the request for an offer letter and the company’s response, re-examined in the re-examination proceedings whether a hiring decision had in fact been formed.
Labor Law Firm Law& emphasizes in similar disputes arising at the hiring/onboarding stage that the key issue is clearly distinguishing the point in time at which an employment contract is formed and the requirements for filing an application for relief with the Labor Relations Commission.
Ⅱ. Issues in Dispute
The issue in this case is whether, “in a situation where negotiations over annual salary and start date have progressed considerably, a hiring decision can be deemed to have been formed—and thus employee status recognized for purposes of an unfair dismissal relief application—even in the absence of a written offer letter or notification of final approval.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel in this case found that, although negotiations between the parties regarding annual salary and start date had progressed considerably, there had been no concrete discussions regarding other working conditions; that the worker requested issuance of an offer letter but received an explicit reply from the employer that it was “not possible”; and that there was no definitive response from an employer with hiring authority approving the worker’s offer or otherwise confirming the hiring.
In light of these circumstances, the panel held that it was difficult to find that the essential elements of the employment contract had been finally agreed and fixed, and that the employer’s final intent to hire had been clearly expressed externally.
The panel therefore determined that, because no hiring decision had been formed in the first place, the worker’s status as an employee could not be recognized, and the disposition at issue did not constitute an unfair dismissal subject to relief.
Ⅳ. Practical Points (From the Worker’s Perspective)
From the perspective of a worker (job applicant), it should be noted that negotiations limited to annual salary and start date may not be sufficient to form an employment contract or a hiring decision. If you intend to resign from your current employer or change your life plans on the assumption of a confirmed hiring decision, you should be sure to obtain in writing a “final expression of intent approved by a person with hiring authority,” such as an offer letter in the company’s name or an email confirming the hiring.
In addition, to apply to the Labor Relations Commission for relief from unfair dismissal, you must have the status of a worker under the Labor Standards Act—that is, an employment contract relationship with the employer. Accordingly, in disputes arising at the hiring stage, it is important to carefully collect and retain evidence that can prove “when and in what manner the employment contract was formed.”
Ⅴ. Practical Points (From the Employer’s Perspective)
From the company’s perspective, it is necessary to communicate clearly so as to distinguish between “conditional offers” or “under review” stages and the stage of “final hiring confirmation” during the recruitment process. Even if key terms such as annual salary and start date are being negotiated, until internal approval is obtained, it should be clearly stated in writing or by email that “final approval is pending and hiring has not yet been confirmed.”
Furthermore, practices such as not issuing offer letters or giving only verbal positive signals without explicit approval from a person with hiring authority can become seeds of disputes. It is therefore advisable to refine your HR regulations and recruitment processes and to codify the “point in time at which a hiring decision is formed” and the “procedures for issuing offer letters.”
To prevent and respond to disputes of this type, it is important to have an accurate understanding of the legal principles governing hiring decisions and the formation of employment contracts, and to design and operate your communication and documentation procedures in accordance with those principles.
2. Matters Decided
A. Case Overview and Procedural History
Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Reasoning
Although it appears that negotiations between the parties regarding annual salary and start date had progressed considerably, there is no evidence that any discussions took place concerning other working conditions; when the worker requested an offer letter, the employer replied that it was “not possible,” and there is no evidence that the worker received from an employer with hiring authority any “approval of the worker’s offer or a definitive response related to hiring.” Accordingly, it is difficult to find that a hiring decision in favor of the worker was formed. /
[See More Related Decisions]
- “‘Standing to Sue (Fewer than 5 Employees · Adjacent Corporations)’ Unfair Dismissal Decision” – Date of decision: – Case number: Dismissed
- “‘Voluntary Resignation (Pressure on Administrative Manager to Resign)’ Unfair Dismissal Decision” – Date of decision: – Case number: First-instance decision upheld
- “‘Implied Renewal (Continuous Service)’ Unfair Dismissal Decision” – Date of decision: – Case number: Fully upheld
[Tags]
Unfair dismissal, non-formation of hiring decision (absence of offer letter), Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is one of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “‘Extinction of Interest in Relief (Refusal to Comply with Reinstatement Order)’ Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to non-formation of hiring decision (absence of offer letter) can be viewed together in the “List of Decisions Related to Non-Formation of Hiring Decision (Absence of Offer Letter).”
