Please notify your resignation at least 1 month in advance & leave pro…

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Please notify your resignation at least month in advance leave proof !

Last August , Mr. P, a migrant worker (E-9), requested consultation . After hearing that his father was seriously ill in early July , Mr. P decided to return home and verbally informed his manager that he would only work until the end of July . Mr. P , who had not been to work since August and was preparing to leave the country, did not receive his severance pay until mid- August . When he asked the company why, he said, “ We cannot accept notice of resignation without submitting a resignation letter .” “He has been absent from work without permission since August, so if he continues to be absent without permission, he will be dismissed from work at the end of August , ” he said , requesting help in filing a complaint with the Labor Office so that he can quickly receive severance pay .

Accordingly, after informing them that “ if there is no evidence, the resignation may be processed at the end of August , which may result in disadvantages in calculating severance pay , ” we first contacted the employer and asked for their understanding . Fortunately, I was able to receive severance pay by treating the employee as having resigned at the end of July , provided that Mr. P apologized for giving only verbal notice of resignation .

I often see people experiencing similar difficulties as Mr. P. Here are some guidelines :

  1. When notifying your resignation,be sure to leave evidence copy of resignation letter, photo resignation letter, etc. .
  1. It is recommended that you give noticeof resignation at least one month in advance .

When a worker submits a letter of resignation stating the desired date of resignation , if the employer accepts it, the employment contract is terminated based on the desired date of resignation . However, if the employer does not accept the resignation letter , the provisions of the employment contract or employment rules will follow , and if there are no such provisions , the resignation will become effective in accordance with Article 660 of the Civil Code . According to the relevant laws , resignation takes effect one month after the date of notice of resignation for the hourly or daily wage system , and on the 1st of the month following the month in which the notice of resignation falls for the monthly salary system . Therefore , giving at least one month's notice of resignation is a wise way to reduce mutual conflict and ensure an amicable resignation .

  1. Leaving the company without permission may result in disadvantages in calculating severance pay.

When a worker resigns by failing to come to work without permission, it is usually referred to as unauthorized resignation . In this case , the employee may be treated as an unauthorized absence from work until the period during which the resignation takes effect, which may be reflected unfavorably in the calculation of severance pay . Of course, it is clearly illegal to not pay wages or severance pay just because you quit without permission ( Article 36 of the Labor Standards Act - Liquidation of money and valuables ). In addition, there are often employers who claim that they promised to compensate for damages in case of unauthorized resignation , which is also clearly illegal ( Article 20 of the Labor Standards Act - Prohibition of premeditated breach of contract ). On the other hand , there are often employers who claim damages from workers who have suffered damages due to unauthorized resignation , but it is important to note that it is not easy to calculate the amount of damages if the job can be replaced by another workforce .

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