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When I was on maternity leave, I was notified of the termination of the fixed-term contract...Court "Unfair Dismissed"

2024.11.25 AM 08:40
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A court ruled that if a fixed-term researcher who used maternity leave was notified of the termination of the labor contract even though the research project period remained, it would be unfair dismissal.

The Seoul Administrative Court ruled against the plaintiff in a lawsuit filed by Pusan National University Hospital against the chairman of the National Labor Relations Commission, asking him to "cancel the ruling on the remedy for unfair dismissal."

The court pointed out that the regulation on the appointment of contract workers at Pusan National University Hospital stipulates that the contract period should be less than two years, but if necessary, the contract can be renewed, leaving open the possibility of renewal.

In addition, it was determined that the fired researcher had renewed the contract with the hospital several times, and thus the right to expect the labor contract to be renewed was recognized.

Earlier, researcher A signed an appointment contract with Pusan National University Hospital in January 2019 and started working, but when he used annual leave and maternity leave for pregnancy, the hospital announced the termination of the contract.

As a result, A applied for a retrial of the National Labor Relations Commission when it was rejected, and when the National Labor Relations Commission ruled in favor of A, saying, "There is no reasonable reason for the hospital to refuse to renew the contract," the hospital filed a lawsuit this time.




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