해고무효확인 및 임금
1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 4,177,495.
1. Basic facts
A. The Defendant is a company running multi-family housing management business, building (facilities) management business, etc., and the Plaintiff is dismissed from the Defendant on October 29, 2014, while employed by the Defendant on August 1, 2014 by the Defendant and serving as the CFra on the ground B of the Suwon-si Suwon-si District (hereinafter “CFra”) and the F FFra on the ground D and B B of the Suwon-si District (hereinafter “FFra”) managed by the Defendant.
B. The management contract with the Defendant and CFD management body was expired on August 31, 2014.
C. On October 29, 2014, the Defendant sent to the Plaintiff notice to the effect that “The Plaintiff temporarily employed the Plaintiff to receive the order for re-issuance of the CFD, but failed to comply with the CFD’s re-issuance, and thus, the Defendant terminated the temporary employment contract with the Plaintiff as of October 31, 2014 pursuant to Article 35 of the Labor Standards Act and Article 13 of the Rules of Employment of the Defendant (hereinafter “instant dismissal”), and the said notice reached the Plaintiff around that time.
The provisions regarding the dismissal of this case among the defendant's rules of employment are as follows.
Article 13 (Management Period) (1) Any company may, if necessary, employ an employee after the commencement of a training period (within three months) in order to have his/her qualification as an employee as a test or an employee.
Provided, That if necessary for personnel management, the period of individual management may be adjusted individually.
(2) A company may terminate a labor contract in case where the recruitment of the relevant employees is deemed inappropriate or inappropriate due to inadequate performance of duties, poor training, inadequate performance of duties, health conditions, or other management conditions of the relevant employees during the period of training.
Article 15 (Period of Employment Contract) The term of employment contract for employees shall not exceed one year unless the term of employment is fixed, and if the contract is not renewed by the expiration date of the contract, the contract shall be automatically terminated.
The wages during the probationary period under Article 77 shall be paid by 70% of the normal wages.