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Twitter Korea Ltd., the largest U.S. social media company in Korea, may lose a legal battle against its employees who have been fired suddenly under the local labor law if they decide to file a lawsuit class to their employers, according to Labor. experts here.
“Although (Twitter Korea) has an emergency issue after the layoffs, there is no action to overcome. The employer should have spoken to a representative of the workers, but it did not happen. There is also a controversial issue regarding the selection process for projects have been dismissed,” said Shin Jae-jin, a labor law professor at Sogang University, referring to the restrictions on dismissal for administrative reasons in the Labor Standards Laws’ Article 24.
Twitter Korea is governed by Korean law based on the concept of territory, which guarantees the sovereign right to exercise control over individuals and other legal entities within its territory, according to to Shin.
“So, from what I’ve seen, I think (the workers) have a high chance of winning the legal battle (against Twitter Korea) under Korean law,” he added.
Twitter’s many layoffs began on November 4 with a single email, sent to half of the social media company’s 7,500 employees worldwide. Tesla and SpaceX CEO Elon Musk, the world’s richest man, who took over Twitter in late October, said the decision to cut the social media company’s workforce in half was due to the company is losing about $4 million a day.
At Twitter Korea, about 25 percent of the 30 employees received that email, according to a source familiar with the matter within the Korean office. The source wished to remain anonymous due to the seriousness of the matter.
The email, obtained by The Korea Herald, read, “Today is your last day of work at the company, however, you will remain employed by Twitter and receive salary and benefits from your termination date of January 4, 2023.” .”
Pointing out that an employer in the US can fire an employee for any reason as long as they don’t violate federal or state laws, Shin said it could be raised an issue like other countries that have laws to protect workers from living. easy to blow.
Kwon Young-gook, a labor law lawyer, pointed out that if Twitter Korea did not take the necessary steps for email cancellation to justify the dismissal, this case would be considered a direct dismissal.
“Employees who have been dismissed can take the matter to the National Labor Relations Commission and ask for a recovery request for a fair dismissal. Or they can conduct a lawsuit for the cancellation of the dismissal,” he said.
A civil rights lawyer, who wished to remain anonymous, told The Korea Herald that although a lawsuit by Twitter Korea’s workers has been dropped it appears to be a good win, the road is long, difficult and expensive. much is ahead of them.
“Since the last owner of Twitter is Elon Musk and considering his background, the legal battle against Twitter Korea should go through the (Seoul) Regional Labor Relations Commission, the National Labor Relations Commission and the lawsuits that three to the Supreme Court,” said the practicing lawyer.
Despite the nature of the legal expectations, he said that Twitter and Twitter Korea can use the strategy of going too far to tire out the plaintiffs and file the case even before the end of the decision.
The above-mentioned source said that the delivery staff has not yet decided on joint legal action. The previous email stated that follow-up information on severance offers and financial resources beyond their non-employment notice period would be provided within a week. Affected employees had not received the second email as of Thursday morning, the source said.
“(The laid-off employees) aren’t going to just sit there and not work. Why would they? Instead, Twitter might try to negotiate with some ‘comfort money’ to get them out,” said Kwon Oh-seong, a law professor at Sookmyung Women’s University.
Kwon said this type of layoff is “impossible and illegal” under Korean law, adding that if the laid-off workers file a lawsuit, they will “definitely win.”
Twitter Korea and Twitter US headquarters could not be reached for comment on the matter.
By Kan Hyeong-woo ([email protected])
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