Termination after Childcare Leave in Korea: Childcare Leave Law in Korea

Korea’s generous Childcare Leave Law poses difficulties to many smaller employers in Korea.  The Childcare Leave Law, in Korea, allows for a one year period of leave per child under the age of seven. Employers, often, are required to hire a replacement employee when the employee departs for this childcare leave.  This situation, often, leads to an employee returning to employment with little to no work to do. So can an employer, in Korea, layoff the returning Korean worker for the lack of a position for the worker? The answer is, typically, NO.  Notwithstanding, the issue of tenure and the selection criteria for layoffs, the law specifically notes the following. I. Childcare Leave Law: Prohibition of Termination of Employee based on Childcare Leave Equal Employment Opportunity and Work-Family Balance Assistance Act Art. 19 notes: (3)”No employer shall dismiss or take any disadvantageous measure against a worker on account of childcare

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