The current Act prohibits discriminatory treatment of any temporary agency worker on the ground of his/her employment status compared with other workers engaged in the same or similar kind of duties at the business of the user company. Also, the disadvantageous treatment includes a wage defined in Article 2 (1) 5 of the Labor Standards Act, bonus, performance-based pay, other matters related to working conditions, welfare, etc.
The court and the Labor Relations Commission, respectively, judge whether a duty falls under “the same or similar kind of duties” by comprehensively considering the nature and contents of the main duties, the degree of authority and responsibilities in the course of executing the duties, and the working conditions; the court and the Labor Relations Commission is applying the phrase of "without just cause" as the meaning that they need to differently treat temporary agency workers is not permitted or that even if the necessity of different treatment is permitted, the method or degree is not appropriate.
However, since the prohibition of discrimination in the Act refers to the workers employed by the user company, not by a temporary work agency, as comparable workers, it is difficult to know the contents of the treatment of the relevant workers who are not employed by the same employer, it is unclear why the difference in treatment is established, and it is difficult to even compare the treatments themselves; thus, it is difficult to increase the effectiveness of the anti-discrimination system.
Therefore, to operate an effective discrimination correction system for temporary agency workers, if a user company and a temporary work agency differentiate the treatment of the temporary agency workers from that of comparable workers, it shall be nullified unless the reason and contents are notified in writing and explained even if there is a reasonable reason. Provided that if a user company concludes a collective agreement, which does not include discriminatory treatment, with the trade union to which the majority of the temporary agency workers belong, the user company is deemed to abide by the prohibition of discrimination clause to protect actual working conditions through trade unions.
Alongside this, ensuring that temporary agency workers have the right to request information on the treatment of comparable workers, the amendment aims to prevent discrimination and allows the court and the Labor Relations Commission to make the information as the base of their judgments on discrimination so as to correct unreasonable discrimination and strengthen the protection of working conditions of temporary agency workers.

Details

A. If a user company concludes a collective agreement on wages, bonuses, and performance-based pay with the trade union to which the majority of the temporary agency workers belong, the company is deemed to abide by the prohibition of discrimination clause (Article 21 (1)).
B. Where a user company and a temporary work agency differentiate the treatment of the temporary agency workers, such as wages, bonuses, and performance-based pay from that of the comparable workers, it shall be nullified and deemed that they apply one and the same treatment unless the reason and contents are notified in writing and explained even if there is a reasonable reason (Article 21 (5)).
C. When a temporary agency worker requests information on the treatment of a comparable worker and the reason for the difference, a guarantee of the workers’ right to request information by requiring the employer to provide this information and impose obligations on the employer to explain (Article 21 (6) newly inserted).
D. Stipulate that the necessary matters for “criteria for the same or similar kinds of duties,” “the scope of establishing reasonable differences,” “procedures for disclosure of treatment-related information,” etc., shall be prescribed by Presidential Decree (Article 21 (7) newly inserted).

- Where the treatment of temporary agency workers is differentiated, the temporary work agency and the user company shall be obligated to provide written notification and explanation (Article 21 (5)).
- The user company shall be obligated to respond to the temporary agency workers’ request of information provision (Article 21 (6)).