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Labor Relations

What are Unfair Dismissal and Unfair Disciplinary Action?

10/1/2025
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Author:system
When an employer dismisses an employee, they must strictly follow the legitimate reasons for dismissal and the dismissal procedures as stipulated in the employment rules or collective bargaining agreement. While an employer must have a legitimate reason to dismiss an employee, if the employment rules or collective bargaining agreement require procedures such as soliciting the employee's opinion or consulting with the labor union, these procedures must be followed. A dismissal carried out by the employer without such reasons or procedures constitutes unfair dismissal, resulting not only in criminal penalties but also requiring the employer to reinstate the employee to their original position and pay the full wages from the time of dismissal until reinstatement. In addition to dismissal, for cases such as leave of absence, suspension, transfer, salary reduction, or other disciplinary actions, the employer must follow legitimate reasons and procedures; otherwise, it constitutes unfair disciplinary action, which has the same effect as unfair dismissal.

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