South KoreaI was fired during probation. Is this unfair dismissal.
Firing during probation is generally not unfair dismissal in South Korea, as employers may terminate without cause during the probationary period, provided it is done within legal limits and not for discriminatory or retaliatory reasons.
What the Law Says
South Korean labor law permits employers to dismiss employees during a valid probationary period without needing to prove just cause — but strict procedural and temporal limits apply.
Under the Labor Standards Act (LSA), an employer may set a probationary period of up to three months. During this time, either party may terminate the employment relationship without stating a reason — but only if the probation clause was agreed upon in writing before employment began.
Even during probation, the employer must give at least three days’ written notice (or pay three days’ wages in lieu) before dismissal. The employee is entitled to full payment of all unpaid wages, including overtime and allowances, by the next regular payday — no later than 14 days after termination.
Termination during probation is still unlawful if based on discrimination (e.g., gender, disability), union activity, pregnancy, or retaliation for reporting workplace violations. Such dismissals violate the LSA and the Equal Employment Opportunity and Work-Family Balance Assistance Act.
Statutory TextAn employer may set a probationary period of up to three months, during which either party may terminate the employment contract without cause.
— Labor Standards Act, s. 20 — Probationary Period
Statutory TextWhen terminating an employee, the employer shall provide at least three days’ prior written notice or pay three days’ average wage in lieu thereof.
— Labor Standards Act, s. 23 — Notice of Dismissal
Statutory TextAll unpaid wages shall be paid in full no later than 14 days after the date of termination.
— Labor Standards Act, s. 25 — Payment of Wages upon Termination
What to Do
Check your employment contract: confirm whether a written probation clause exists and whether it exceeds three months.
Verify you received three days’ notice (or equivalent pay) before termination.
Request full settlement of unpaid wages, severance (if applicable after one year), and unused leave pay within 14 days.
File a complaint with the local Labor Office (Ministry of Employment and Labor) if notice or wages were withheld or if dismissal appears discriminatory.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.