[상담해DREAM] Ask an Expert : Labor Attorney – Ep. Legal Tips for Entrepreneurs

Ask an Expert : Labor attorney – Ep. Legal Tips for Entrepreneurs 

Q1. A while ago, I had talked to an employee verbally about

leaving the company and it seemed to have been mutually agreed on.

The employee is, however, claiming for unfair dismissal now.

 

What should I do?

If an employer fails to maintain adequate documentation for all employment-related decisions, it would be difficult for the company to defend itself against a claim for wrongful termination lawsuits when they arise. Employers should maintain a documented termination from the employees. If employers have not received a letter of resignation from a employee, they should secure any proof that employees have made the decision to resign from their position such as phone calls, emails or text messages.

 

   

Q2. Do I have pay an employee a paid weekly holidays allowance

regardless of their employment status, whether they

are day laborers or part-time workers?

<!--[if !supportEmptyParas]--> <!--[endif]-->

An allowance for paid weekly holidays is made

under the premise of ordinary labor relations. If an employee

with a fixed working time of more than 15 hours per week has

worked the agreed hours for a week, an allowance for paid weekly

holidays should be made in all cases, regardless of one’s

 

employment status

Q3. What should I consider when hiring an employee

 

and writing an employment contract?

When writing an employment contract, an employer must

include three things inThree things to be included regarding wage(salary) in a written contracta written contract: pay components,

pay calculation method, and payment method.

The difference between regular workers and contractual workers

is whether the expiration date is written on the contract or not.

If the employer has not clarified the termination date on

the contract, a short-term/part-time workers can be considered

as a regular/permanent employee,

 

not a contractual/fixed-term employee.