I was suddenly fired. How do I file a request for relief from unfair dismissal?
Based on: Act on the Employment, etc. of Foreign Workers (「외국인근로자의 고용 등에 관한 법률」) (Act No. 21065, effective 2025.10.1.) · Ministry of Employment and Labor (고용노동부), Employment Permit System (EPS) Frequently Asked Questions (「고용허가제(EPS) 자주 묻는 질문」) (posting date not confirmed)You can file a request for relief from unfair dismissal with the Regional Labor Relations Commission (지방노동위원회) (nlrc.go.kr) within 3 months from the date you were dismissed. If you are a Non-professional Employment (E-9) worker, you must also apply to change your workplace at the Employment Center (고용센터) within 1 month from the day your labor contract ended. This is separate from the relief request.
If you do not apply to change your workplace within 1 month, you must leave Korea. Filing a relief request does not stop this deadline. So please do both at the same time.
What to do right now
- Apply for a workplace change at the Employment Center: The deadline is 1 month from the day your labor contract ended. Apply at Work24 (고용24) (work24.go.kr) or at a nearby Employment Center.
- Collect evidence: Keep the dismissal text message or notice, your labor contract, pay slips, attendance records, recordings, and similar items.
- Submit the unfair dismissal relief request: Submit it to the Regional Labor Relations Commission that covers the area where the company is located. The deadline is 3 months from the dismissal date, and there is no filing fee. It usually applies to companies with 5 or more regular employees.
- If you have unpaid wages, report them separately: File a separate complaint with the Ministry of Employment and Labor (고용노동부) (1350) for unpaid wages or severance pay.
- When you move to a new company: Once a new company is decided, get permission to change your workplace from Immigration before you start work.
⚠️ Please note
- If you do not get permission to change your workplace within 3 months from the day you applied for the workplace change, you can be required to leave Korea.
- If the reason is not the worker's fault, such as unfair treatment by the company, it is not counted in the number of workplace changes.
- If you could not apply because you were injured, sick, or due to pregnancy or childbirth, the period is counted again from the day that reason ended.
You need to judge whether the dismissal was unfair and also manage your stay deadline. Results can differ greatly depending on your situation. So we recommend a Kevi Administrative Agent consultation (Visa Service in the app). You can also get advice from the Foreign Workers Counseling Center (외국인력상담센터) (1577-0071) or 1345.
If your current visa is not E-9, please tell us which visa you have.
Sources
- 외국인근로자의 고용 등에 관한 법률 · 제4장 외국인근로자의 보호 › 제25조Apply to change workplace within 1 month after contract ends, and get permission within 3 months after applying. Reasons that are not the worker's fault are excluded from the count
- 고용허가제 FAQ · 고용변동신고사실을 고지 받지 못하여 사업장변경 신청기간 1개월 도과한 외국인근로자 구제 가능한지The Employment Center manages this so that the application is made within 1 month after leaving the job
- 하이코리아(hikorea.go.kr) · 외국인종합안내센터(1345)Relief request for unfair dismissal (3 months, Labor Relations Commission) is general guidance, and the final place to confirm
Related questions
I haven't been paid my wages. Can a foreign worker also report unpaid wages?What is the minimum wage in 2026, and does it apply to foreigners too?Where can a foreign worker ask for help if they are treated unfairly?How do I apply for an E-9 employment period extension (re-employment)?How do I use the E-9 Diligent Worker Re-entry system?General guidance prepared by Kevi from Ministry of Justice manuals, laws and official guides. Not legal advice. Please confirm with HiKorea or the Immigration Contact Center (1345).
