Termination of Regular Employees: Key Requirements, Procedures, and Legal Considerations
What Can Make the Termination of a Regular Employee Unlawful?
Under the Labor Standards Act, the termination of a regular employee is only valid when strict legal requirements are satisfied.
An employer must have just cause for termination, provide the employee with a meaningful opportunity to explain or defend themselves before dismissal, and issue a written notice of termination.
In cases involving managerial or business-related dismissals, additional requirements must also be satisfied, including:
- Urgent managerial necessity
- Efforts to avoid dismissal
- Reasonable standards for selecting employees subject to termination
- Prior notice to employee representatives at least 50 days before dismissal and sincere consultation procedures
In practice, there are many cases where disciplinary procedures are carried out only formally, or where employees are pressured into submitting resignation letters, effectively inducing termination in substance.
Even in such cases, the termination may still be considered unfair dismissal when the actual circumstances are examined.
The legality of terminating a regular employee is not determined solely by the employer’s claims. Objective evidence and procedural fairness are the key factors.
What Must Be Prepared Immediately After Receiving a Notice of Termination
If you receive a notice of termination, it is important to avoid emotional reactions and systematically secure relevant evidence, including:
- Personnel appointment or transfer documents
- Notices regarding disciplinary committee proceedings
- Messages encouraIn addition, applications for relief before the Labor Relations Commission must generally be filed within three months from the date of dismissal pursuant to Article 28(2) of the Labor Standards Act.
The three-month period is generally calculated based on the termination date stated in the notice of dismissal. However, if the notice lists a termination date that has already passed, the period may instead be calculated from the date the employee actually received the notice.
It is also important to establish clear objectives and legal strategies, such as:
- Claims for wages equivalent to lost earnings
- Requests for reinstatement to the original position
Without proper preparation, there is a significant risk that the employer’s arguments may prevail, leading to an unfavorable outcome.
Why Legal Representation Matters
Labor disputes involve both emotional and complex legal elements.
Employers typically respond with the support of internal documentation and legal counsel.
By contrast, employees who respond alone often face difficulties fully asserting their rights due to procedural mistakes or insufficiently organized arguments.
In termination cases involving regular employees, it is necessary to carefully dispute issues such as:
- The specificity and legitimacy of the grounds for dismissal
- Whether the principle of proportionality was violated
- Whether the disciplinary measures imposed were appropriate
A consistent strategy must also be established with future proceedings in mind, including:
- Applications for relief before the Labor Relations Commission
- Appeals before the National Labor Relations Commission
- Subsequent administrative litigation
Professional legal intervention is therefore not merely about drafting documents — it is about determining the overall direction and strategy of the case.
Decent Law Firm’s Legal Support
In cases involving the termination of regular employees, Decent Law Firm structures the factual background of the case from the initial consultation stage and designs evidence preservation strategies tailored to the dispute.
We also provide systematic support throughout the entire process, including:
- Applications for relief before the Labor Relations Commission
- Analysis of employer response submissions
- Hearing preparation and litigation strategy development
Based on our understanding of corporate HR structures and disciplinary procedures, we proactively anticipate employer arguments and prepare effective counterpoints in advance.
The termination of a regular employee is a critical turning point that can affect an individual’s career and livelihood.
It is not a matter that should be delayed or approached lightly. Legal rights ultimately belong to those who actively assert them.
Prompt and strategic action is often what determines the final outcome.
