The American catchphrase “You are fired!” frequently appears on American TV shows and is often used when an employee makes a mistake. In the TV series “Dynasty,” Fallon fires an employee just for dropping a glass of champagne on the floor. The story of Google layoffs, where employees receive automated emails out of nowhere stating “there is no longer a job for you at Google,” is widely known among Koreans.
It is shocking how solid performers who have worked for the company for years and years could be fired in a day. It seems like an employer can terminate employment for almost any reason outside of a few exceptions, such as discrimination on the grounds of race, color, or gender.
In contrast, Korean companies may face lawsuits if they fire employees using the American catchphrase “You are fired!” for no apparent reason. The firing scenes in Korean dramas are significantly different from those in American TV shows. Koreans can easily picture a company pressuring employees to voluntarily resign by not assigning them tasks and leaving them at their empty desks, causing psychological stress.
The firing scene in Korean dramas often occurs on the heads of households in their 40s and 50s, arousing sympathy and sadness. Many argue that companies are mean and too harsh toward their employees. On the other hand, one could say that the employees are overly protected, making it difficult for companies to layoff underperforming individuals or even who are hindering work efficiency.
In the U.S., layoffs are more straightforward, and the labor market is more flexible. Employees in the U.S. tend to change jobs more frequently, as employment is more flexible, and termination happens quickly. The cultural divergence stems from the differences in labor and employment law.
In Korea, the labor and employment laws were rooted in legislation drafted at the end of the Korean War. Many adjustments were made during regime changes and the financial crisis. One major difference from the American workplace is that employers can be held criminally liable for labor law violations. The “Korean Labor Standards Act” and “Trade Union and Labor Relations Adjustment Act” state violations that could result in criminal sanctions.
These distinctions can be traced back to fundamental differences between the Korean and U.S. Constitutions. Article 32 of the Korean Constitution enshrines Korean workers’ right to employment, whereas the U.S. Constitution does not provide such a guarantee.
On the other hand, the concept of at-will employment exists in the U.S. Employer or employee can end the employment at any time without any notice for any reason or even without providing a reason. Employers do not have to meet standards to fire people.
In the Korean workplace, employers tend to take a bigger responsibility once the employment relationship is established. Experts say that neither of the layoff cultures can be considered entirely right or wrong. While easy layoffs in the U.S. could be criticized for job insecurity, clear advantages for workers exist, such as receiving significant unemployment benefits during the layoff period. Each layoff culture has strengths and weaknesses and is dependent upon the personal circumstances of the employee.
