권고사직 위로금2023. 4. 17. 21:16
In general, companies and workers use recommended resignation and dismissal without distinguishing between them, which often leads to legal problems. So, let’s look at the issues related to recommended resignation: meaning of recommended resignation, compensation for recommended resignation, reasons for recommended resignation, application for unemployment benefits for recommended resignation, resignation letter for recommended resignation, and dismissal issues for recommended resignation, and finally, let’s look at the company’s disadvantages.
Recommended resignation meaning
Recommended resignation means “the company recommends that an employee resign due to management reasons, etc.” Therefore, recommended resignation becomes effective only with the employee’s consent. For example, if the employer recommends resignation and the employee refuses, the recommended resignation will not take effect because the employee does not consent.
Conversely, if an employee agrees to the company’s recommendation to resign, the employment relationship is terminated through agreed resignation.
Recommended resignation compensation
There is no legal provision for compensation for recommended resignation. This is an agreement between us. From the employee’s perspective, the company is encouraging him to resign even though he has no reason to resign, so he can naturally demand compensation.
“Isn’t the compensation for recommended resignation of 3 months?”
Typically, 3 months of compensation is calculated as 3 months, including 1 month of dismissal notice allowance + 2 months of hearing period when filing a claim for relief from unfair dismissal. Most companies offer one month of compensation when an employee is recommended to resign.
Since this is a form of resignation by agreement, workers can negotiate by presenting the amount of compensation they wish to receive without any restrictions on the company’s compensation.
Reason for recommended resignation
There is no limit to the reasons for recommended resignation. There may be management reasons, or the employee may be recommended to resign due to his or her work ability or attitude. However, if the employee is recommended to resign due to serious reasons attributable to the employee, it may be difficult to receive unemployment benefits.
The concept of recommended resignation itself is resignation by agreement, so there are no legal restrictions on the reasons.
Apply for unemployment benefits due to recommended resignation
Recommended resignation corresponds to involuntary separation, not voluntary resignation. Therefore, in most cases, unemployment benefits are available. As mentioned above, the separation code of “recommended resignation due to serious reasons attributable to the employee” is not, in principle, a code that allows receipt of unemployment benefits. However, since the serious reasons attributable to the worker are separately determined by employment insurance, the worker can raise an objection through “Request for Confirmation of Insurance Eligibility.”
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Recommended resignation letter
When resigning from a company through recommended resignation, the company often requires you to write a resignation letter. Since the recommended resignation is for the purpose of avoiding disputes related to dismissal, the company requests the employee to submit a letter of resignation stating the reason for the resignation.
From the employee’s point of view, there is a practical benefit to writing a resignation letter in that it can be used as evidence in future disputes related to unemployment benefits, and if compensation is to be paid, information regarding payment of compensation must be included in the resignation letter. However, since consolation money is not wages under the Labor Standards Act, a complaint cannot be filed with the Ministry of Labor.
Recommended resignation and dismissal
As we have seen in the meaning of recommended resignation, the company is not recommending that you resign, but saying “I am recommending your resignation today. Leave immediately” or “This is a recommended resignation. Work until next week and then resign” means dismissal as a unilateral expression of intent without the consent of the other party. corresponds to.
Therefore, an employee can apply for dismissal notice allowance (if employed for more than 3 months) or file an application for unfair dismissal relief if the employee is a workplace with more than 5 full-time employees. However, if you receive notice of dismissal as above and write a letter of resignation as a recommended resignation, it is not a dismissal and you cannot legally dispute it.
Company disadvantages for recommended resignation
Recommended resignation is equivalent to a layoff. Therefore, when applying for subsidies or incentives, you must check whether there is a “reduction prevention period”.
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by Seunggi Min, Labor Attorney
Many labor problems arise while working or operating a job. “Dismissal, workplace harassment, disciplinary action, etc.”…
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