Unfair dismissal
What is unfair dismissal, etc.?
In the process of change (i.e., occurrence, alteration, and/or extinction) of an employee's labor relationship with the company, in some cases, the employee may assert that the disposition related to the labor relationship made by the company is illegal or unreasonable and, in that case, the company would argue against it that it has exercised its legitimate rights to the employee.
Law& represents a party in these labor disputes with a mandate from the party, and based on differentiated expertise preemptively possessed, it conducts the task of effectively guaranteeing the rights of the party by finding the substantial truth and procedural legitimacy.
Necessity of representation in dismissal cases
The main labor-related law in relation to the disposition of dismissal sets forth,
“An employer shall not, without justifiable cause, dismiss, lay off, suspend, or transfer an employee,
reduce his or her wages, or take other punitive measures (hereinafter referred to as "unfair dismissal, etc.")
against him or her. (See paragraph① of Article 23 of the Labor Standards Act)
However, it is difficult to know what kind of disposition is evaluated as justifiable based on this regulation alone,
so in order to win the case, it is necessary to be well versed in the relevant specialized legal principles, and based on this,
it is necessary to have detailed practical experience related to how various types of cases are applied at the government relief agency.
Although it is possible for a party to work hard to learn theoretical knowledge and to acquire experience knowledge through
various indirect means, it is fundamentally difficult to learn at once, and it takes considerable effort to acquire competence.
In this respect. seeking the help of experts with advanced capabilities may also be an effective winning strategy in dealing with dismissal cases.
Relief application procedure
