A critical decision that is a game-changer in working life and concerns millions of workers. 9. It came from the Legal Department. Written in the resignation letters filled out when leaving the job “personal reasons” of the statement, It has been legally stipulated that the worker may be completely deprived of his right to severance pay..
Supreme Court of Appeals in the case filed by an employee who concealed the real reason in his resignation letter even though his salaries were not paid, He overturned the local court's compensation decision and warned the workers..
“I'm Resigning Due to Personal Reasons” said, It Was Due to Compensation
Incident subject to legal proceedings, at a construction company's overseas construction site 3 year-round K.L.. It started with the resignation of the worker named. The worker who defends that his wages were not paid on time and in full during the time he worked, After leaving the job, he applied to the Labor Court requesting the collection of severance pay, overtime and annual leave wages.. However, the biggest obstacle in the worker's struggle to seek rights is, It was a petition he signed in his own handwriting when he left work.. K.L., The only reason for the resignation letter is “personal reasons” wrote.
Legal Battle Between Courts
Defendant company lawyers, He requested the dismissal of the case, stating that the employee resigned with his own consent and for personal reasons..
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First Instance Court: in the petition “personal reason” He rejected the claim for compensation, taking into account his statement.
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Court of Appeal (Regional Court of Justice): Appeal examining the file upon the objection of the worker, The main reason for termination “non-payment of wages” is, that is, the worker rightful termination He admitted what he did and ruled to pay severance pay..
The Supreme Court Had the Last Word: “Personal Reason Cannot Be Attributed to Employer!”
Having the final say on the appeal of the file Supreme Court 9. Legal Department, He overturned the decision of the court of appeal and signed a jurisprudence that would bind millions of employees..
Supreme Court, In the petition in which the worker did not deny his signature, he did not mention that they would receive wages and that this petition was submitted under pressure. (corruption of will) Pointing out that he could not prove that it was signed, he included the following statements in his reasoned decision::
“'personal reason' in the resignation letter’ expression, It is not a reason arising from the employer or the workplace, but refers to a special situation of the plaintiff.. In this case, the plaintiff who left the job citing personal reasons that cannot be accepted as a justified reason for termination, His claim for severance pay should be rejected.”
Think Twice Before Signing Paper Petitions!
With this precedent decision; wage, Workers who have legitimate claims/reasons such as overtime or mobbing, Preprinted or hastily written petitions when resigning “for personal reasons” It has been confirmed that he will suffer a legal loss of rights if he puts the phrase. experts, Workers' real reasons when terminating the contract for justified reason (non-payment of salary, missing insurance etc.) warns that they must write clearly in the petition.
