The dismissal of 18 employees of Zuellig Pharma is unfair

The Seoul Western District Court ruled in the first trial of a lawsuit to confirm the invalidity of the dismissal

A court ruled that Zuellig Pharma's dismissal of 18 employees due to the abolition of its business unit was unfair

According to the pharmaceutical industry on the 29th, the 11th Civil Affairs Department (chief judge Park Tae-il) of the Seoul Western District Court ruled in favor of some of the plaintiffs in a lawsuit filed by 18 fired Zuellig Pharma SSK against the company on the 22nd.

 

According to the Democratic Pharmaceutical Union, the first trial court judged that "the company's layoffs themselves are invalid due to illegal and unfair dismissal in violation of the current Labor Standards Act." In order for layoffs to meet the prescribed requirements of the Labor Standards Act, they must meet ▲ urgent management needs ▲ company's efforts to avoid dismissal ▲ fair dismissal standards, and target selection ▲ consultation procedures 50 days in advance.

 

The court said, "The layoffs did not meet the urgent management needs and did not make efforts to avoid dismissal." Considering the fact that workers endure unpaid leave at a time when operating losses in 2020 are insignificant, only a small number of customers can operate their business units, and labor costs are mostly operating costs, it is difficult to say that they are in an urgent management crisis.

 

In addition, it was difficult to say that the government took measures to minimize the scope of dismissal, given that it decided to abolish its business unit immediately just a month after the strike ended, which led to the departure of the customer base, which led to the layoffs.

 

Zuellig Pharma SSK, Zuellig Pharma's digital marketing division specializing in healthcare, is divided into a marketing division and a PC (Patient Card) division.

 

The layoffs were made for the PC division.

 

Zuellig PharmaSSK announced a voluntary retirement and dismissal plan in December 2020 along with the abolition of the PC division due to management difficulties.

 

The layoffs took place on March 31, 2021, about three months later.

 

The Democratic Pharmaceutical Union claimed that the company's layoffs were intended to suppress the union.

 

When members of the Zuellig Pharma SSK branch went on strike due to the breakdown of wage negotiations, they fired all members by abolishing the business unit.

 

Four months after the layoffs, SSK CEO Irwan Wolf left Korea after his term in office, making it difficult to hold him accountable.

 

In response to the court's ruling on unfair dismissal, the Democratic Pharmaceutical Union said, "The company seems to be willing to proceed with the appeal, but it will continue its legal struggle until the end for the legitimate reinstatement of laid-off employees."