Recommended resignation refers to the company’s recommendation of workers to retire, and workers accept retirement and submit a letter of resignation to retire.In other words, it means the termination of the agreement on the labor contract.
In general, if a worker voluntarily says he or she intends to retire first, the worker will not be able to receive unemployment benefits, but if the company, not the worker, recommends retirement, we will find out what disadvantages the company has.
Table of Contents
What is the recommended resignation? Difference between dismissal and voluntary resignation
company disadvantages of recommended resignation
Discontinuation of government employment subsidies
Exclusion of government-sponsored internship system
Not allowed to hire foreign workers
Monitoring by the Ministry of Employment and Labor
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What is the recommended resignation? Difference between dismissal and voluntary resignation
● Recommended resignation refers to the company’s recommendation of workers to retire, and workers accept retirement and submit a resignation letter to retire.In other words, it means the termination of the agreement on the labor contract.
● Dismissal is restricted by the labor law because it is retired by the company against the will of the worker, and if it does not meet the legal requirements, it is unfair dismissal.
● Voluntary resignation is neither resignation nor dismissal, and if a certain reason occurs, the labor relationship is automatically terminated.This includes the death of workers, the closure of the company, reaching the retirement age, and the expiration of the labor contract period.
company disadvantages of recommended resignation
Government subsidies and government support systems are not allowed to participate.
Companies that are eligible for employment maintenance support are excluded from the list if they recommend and resign workers.As a result, you may not receive employment maintenance subsidies.
Also, you cannot participate in various government support systems that subsidize labor costs.
Exclusion of government-sponsored internship system
It is also excluded from the youth internship support system.If the government supports the youth internship project, it will be excluded from participation in the project if there is a recommended resignation.Young interns may be converted to regular employees, so they may miss hiring talent.
Not allowed to hire foreign workers
Foreign workers cannot be hired for up to three years if they resign within six months from the date of issuance of the employment permit or from the date of the foreign worker’s commencement of work.
Monitoring by the Ministry of Employment and Labor
Due to the accumulation of recommended resignations, the company can be monitored by the Ministry of Employment and Labor.If recommended resignations are occurring frequently, it can be viewed as a subject of monitoring and sanctions if they are being carried out properly.
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The recommended resignation is based on an agreement that the company recommends and accepts, so there is no obligation to give notice in advance, and even if the notice is not given 30 days in advance, the worker cannot claim dismissal notice allowance.
Therefore, it should be used as a concept that accurately distinguishes between recommended resignation and dismissal, and accordingly, it should be prepared to receive severance pay, consolation money, and future unemployment benefits due to recommended resignation.
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If you accept the resignation without organizing these contents, you should be careful as it may cause disadvantages to workers.
We will learn more about unfair dismissal in other posts.
