The law on dismissal of employees

1. What is dismissal of employees?

Dismissal is the most strict form of labor discipline according to the provisions of the Labor Code 2019.

The consequence of the labor discipline in the form of dismissal is the termination of the labor contract between the employee and the employer.

When implementing labor discipline in the form of dismissal, everyone must comply with the principles of handling labor discipline; carry out procedures for handling labor discipline within the statute of limitations for disciplinary action; do not perform prohibited acts and caution cases of temporary suspension of work according to the provisions of the Labor Code 2019.

2. Cases of applying the disciplinary form of dismissal of employees

The disciplinary form of dismissal is applied by the employer in the following cases:

• Employees have the acts of theft, embezzlement, gambling, intentionally causing injury, using drugs at work.

• Employees have acts of revealing business secrets or technology secrets, violation of intellectual property rights of the employer, causing serious damage or threatening to cause particularly serious damage to employer interests, assets, or worker have the act of sexual harassment in the workplace as specified in the working regulations.

• The employee has previously been disciplined by an extension of wage increase timing or after being demoted but repeats the offense while the discipline has not been removed.

• The employee self-willed quits work for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of self-willed quitting without a valid reason.

Note: Cases that are considered to have justifiable reasons include natural disasters, fires, sick relatives and themselves certified by competent medical examination or treatment establishments and other cases specified in labor regulations.

3. Legal basis

Labor Code 2019.