Can an employer dismiss an employee for "not being suitable" for the position?

When entering into an employment agreement, an employee may be given a probationary period to test his or her suitability for the work to be performed. Pursuant to Article 26 of the Labor Code, the probationary period must be specified in the employment order (instruction).

During the probationary period, the employee's suitability for the job or position is assessed.

The probationary period may not exceed 3 months, and 6 months if agreed with the trade union. The probationary period for hiring employees may not exceed one month. The days on which the employee did not actually perform his or her duties shall not be counted towards the probationary period.

If the employer determines that the employee is unsuitable for the position to which he or she has been hired or for the work to be performed, the employer has the right to dismiss such employee during the probationary period by giving him or her three days' written notice.

In this case, the employment agreement is terminated on the basis of Article 40(11) of the Labor Code.

If an employee is found to be unsuitable for the position or work performed due to insufficient qualifications or health conditions that prevent the employee from continuing to perform the work, as well as in case of refusal to grant access to state secrets or cancellation of access to state secrets if the performance of his/her duties requires access to state secrets, the employee may be dismissed beyond the probationary period on the basis of Article 40(2) of the Labor Code.

In this case, the grounds for dismissal may be new circumstances that did not exist at the time of the conclusion of the employment agreement or probationary period.

Dismissal on these grounds may be appealed by the employee in accordance with the procedure established for consideration of labor disputes on dismissal.