I have a friend who is looking to resign her job - after 6 years.
Having looked in the Labor Standards Law, I wonder:
I have the following question: Is she is entitled to a severance pay, even though she resigns by herself?
I found especially Aritcle 18 very strange, it seems to say, that you are not entitled, if you terminate a fixed term contract upon termination.
But how about a non fixed term contract, respectively a fixed term contract that hasn’t expired?
Many thanks for your help.
Where an employer terminates a labor contract pursuant to the provisions of the preceding Article, he shall pay separation fee to the worker in accordance to the terms prescribed below:
- Separation fee equivalent to one-month’s average wage shall be paid to the worker who has continuously worked in the business entity of the same employer for each full year.
Under any of the following circumstances, a worker is not entitled to additional wages for the advance notice period and severance pay:
- Where a labor contract is terminated under the provisions of Article 12 or 15.
- Where the worker terminates his service upon expiration of a fixed- term contract.