I wasn't given advance notice of dismissal. Can I get 30?

What the Law Says

South Korean labor law requires employers to provide advance notice before dismissal — or pay wages in lieu — to protect workers from sudden job loss.

Under the Labor Standards Act, an employer must give at least 30 days’ written notice before dismissing a worker. If the employer does not give this notice, they must instead pay the worker an amount equal to 30 days’ average wage.

The 'average wage' is calculated by dividing the total wages paid during the three months immediately before dismissal by the total number of days in that period. This includes regular wages, bonuses, and allowances — but excludes one-time payments like severance or retirement benefits.

This requirement applies to all workers covered by the Labor Standards Act, including full-time, part-time, and fixed-term employees who have worked for at least six months (or meet other eligibility criteria under the Act).

Statutory Text

An employer who intends to dismiss a worker shall notify the worker concerned at least 30 days in advance… If the employer fails to give such notice, the employer shall pay the worker a sum equivalent to at least 30 days’ average wage.

— Labor Standards Act, s. 23 — Dismissal Notice

What to Do

Sources