Purpose and history
The notice rule, part of the Labor Standards Act since 1953, gives dismissed workers time and income to find new work. Earlier exceptions were broad. In 2015 the Constitutional Court struck down the exclusion of monthly-paid workers with under six months' service. A 2019 amendment narrowed the exceptions to service of under three months, force majeure, and deliberate serious harm.
Calculation and limits
The allowance equals 30 days of ordinary wages. The labor ministry holds that short notice requires the full 30 days' pay, not a pro-rated amount. Notice or payment is only procedural. A dismissal without just cause can still be challenged as unfair dismissal within three months.
FAQ
- Is a text message valid notice?
- Grounds and timing must be given in writing; a text alone may be invalid.
- Does it apply to recommended resignation?
- No, that's a mutual termination.
Sources reviewed: 2026-10-26
References
- 근로기준법 제26조(해고의 예고), 국가법령정보센터. https://www.law.go.kr
- 헌법재판소 2015. 12. 23. 2014헌바3 결정 (6개월 미만 월급근로자 예외 위헌).
- 고용노동부. https://www.moel.go.kr
