통상해고의 정당성 여부 - 저성과자를 중심으로 -

Abstract

The labor contract means a contract which is entered into in order that a worker offers work for which the employer pays its corresponding wages that could be canceled by non-fulfilment of one’s duty. The Korean Labor Act Article 23 provides “An employer shall not, without justifiable cause, dismiss, lay off, suspend, or transfer a worker, reduce his/her wages, or take other punitive measures (hereinafter referred to as “unfair dismissal, etc.”) against him/her.” but we do not have guidance or interpretation of the Ministry of Labor, there were many significant difficulties in determining the justification of the dismissal. The Korean government has announced the 2016 Fair HR Guidelines, proposed standards for the dismissal. Employers, the lack of business skills of workers failed to significantly and consistently if they import a great loss to the company, do not want to continue to maintain a working relationship. In particular, SMEs and the self-employed are often do not have circumstances conditions and give themselves to strengthen the capacity of the poor performer. Actually, there is very big burden if the management continues to maintain a working relationship with the poor performed employees. According to the Ministry of Employment and ‘Fair HR Guidelines’ for the dismissal of the poor performers it should be used as the final procedure. In this paper, I investigated the cases with The Fair HR Guidelines for dismissal of poor performers and propose the problems and solutions.