1. The Client's Situation
A company faced a situation in which the duties of some of its employees were effectively being eliminated in the course of business restructuring. Accordingly, the company wished to propose recommended resignation in order to settle its employment relationships with those employees, but, seeking to prevent any related legal disputes in advance, it requested advice from our Legal Team.
2. Your Legal Team's Advice
In order to minimize the legal risks that could arise in the recommended-resignation procedure, Your Legal Team advised on interview methods and procedures for inducing a voluntary intention to resign without any unlawful means such as threats or deception. In addition, we provided practical guidelines on issues such as the timing of acceptance of the resignation letter, the provision of a cooling-off period, and whether to pay a consolation payment, and we jointly reviewed the criteria for applying internal regulations, such as whether to refer the matter to the personnel committee.
3. Outcome
Following the advice, the client overhauled its recommended-resignation process and, by stably carrying out that procedure, was able to amicably terminate the employment relationships without unnecessary disputes with the employees. Through this, the company was able to have its managerial judgment respected while at the same time securing legal stability.