Can an employer in Korea terminate an employee via text message?
Can an employer in Korea terminate an employee via text message? Does a termination need to be on paper? What constitutes a valid termination under Korean labor law, especially at English academies (학원)?
1 Answer
Under Korean labor law, a termination via text message alone is generally considered problematic. The Labor Standards Act requires employers to give at least 30 days advance written notice of termination, or pay 30 days wages in lieu of notice. While the law does not strictly require a physical paper document, a text message may not be sufficient as formal written notice depending on the circumstances.
For hagwon (학원) employees specifically, this is unfortunately a common issue. If you are terminated without proper notice or cause, you have several options. First, you can file a complaint with the local Labor Board (고용노동부 지방관서) which is free and they will mediate on your behalf. Second, document everything including screenshots of the text message and any related communication. A termination must have justifiable cause such as serious misconduct or legitimate business reasons, and wrongful termination can be challenged. The Labor Board process takes a few weeks to a couple months. Many English teachers have successfully won cases through this process. You can also call the Foreign Workers Consultation Center at 1644-0644 for free legal advice in English.