Less than 4 employees, your Employer can fire YOU with 1 month notice, is it fair ENOUGH?

In a lot of workplaces, especially those operated by small businesses, an employee can’t appeal

for "unfair dismissal"; at the labour council; this means your employer can fire you at any time

without a reasonable reason stated on the "Standard Labor Law" or a proof of your misconduct.

20% of the workforce is employed in these workplaces (less than four employees), and the

Human Rights Commission recently recommended again to the government to delete these

waivers.

Let's see what those waivers are.

1) Regulations applicable to workplaces with 4 or fewer employees

- When signing a labor contract, wages, working hours, and other working conditions must be

specified.

- Full wages must be paid directly and regularly in currency, and wages must be settled within

14 days when a worker dies/retires.

- At least 30 minutes of rest per 4 hours of continuous work, and at least 1 hour in the case of 8

hours.

- One or more paid weekly holidays must be given to workers who have completed the

prescribed number of working days per week.

- In cases of dismissal, notice of dismissal must be given 30 days in advance, and if notice is

not given, a dismissal allowance must be paid. However, workers with a probationary period of

3 months are excluded.

- Medical expenses for workers' occupational accidents and funeral expenses in case of

occupational death must be paid.

- 60 days of paid leave before and after childbirth shall be granted.

- Severance pay system

2) Regulations that do not apply to workplaces with 4 or fewer employees

- Application for relief to the Labor Relations Commission for restrictions on unfair dismissal, etc.

- Payment of business suspension allowance during the period of business suspension due to

reasons attributable to the employer

- Standard working hours, a flexible working hour system, a selective working hour system,

restrictions on overtime workers, and the payment of additional wages for extended nighttime

and holiday work

- Annual paid leave, monthly paid leave, menstruation leave

3) How to judge a full-time workers

Since the Labor Standards Act applies to workplaces that employ 5 or more people on a regular

basis, it is important to determine the number of full-time workers.

In this case, constant means that it is in a state.

Even if the number of workers is sometimes less than 5, if the number of workers is 5 or more, it

is subject to the Labor Standards Act. The CEO is excluded from the number of employees.

4) Dismissal issues at small businesses with 4 or fewer employees

In workplaces with four or fewer employees, when dismissing workers, there must be a just

cause and justification for dismissal according to social norms. However, when an employee is

unfairly dismissed, he/she cannot apply for relief through the Labor Relations Commission, such

as unfair dismissal, and thus cannot go through civil remedy procedures.

In the case of workers working in small businesses like this, they must seek relief through the

courts.

You must file a lawsuit with the court to confirm the invalidity of your dismissal and claim wages,

which is somewhat difficult in terms of cost and time.

5) Employees at workplaces with 4 or fewer employees and the firing notice allowance

Even in workplaces with four or fewer employees, employers must give at least 30 days

advance notice when they want to dismiss workers. If notice is not given 30 days in advance, 30

days' or more of ordinary wages must be paid.

However, the termination notice and dismissal notice allowance systems are excluded for those

who have not worked for three consecutive months as daily workers, those who have been used

within two months, those who have been used for seasonal work within six months, and those

who are on probationary use.

You can register a complaint or an accusation with the appropriate labor office if dismissal

notice pay is not paid.