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National Assembly Legislation

  • Labor Standards Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2019-08-26
    • Opinion Submission Deadline : 2019-09-09
Reasons for Proposal

The Act on the Protection, etc. of Fixed-Term and Part-Time Employees provides that in the event that employers hire a fixed-term worker for more than two years, such fixed-term worker shall be deemed a worker subject to a non-fixed term employment contract, thereby preventing discrimination and protecting their labor conditions. Instead, numerous cases were found where employers misused such provision by terminating employment contracts in less than two years or entering into split contacts with employees, thereby increasing job insecurity of employees.
Hence, to prevent reckless hiring of fixed-term or part-time employees and permit hiring of fixed-term workers only with reasonable grounds, a practical measure for employment security that promotes a direct hiring of workers who perform regular tasks is needed.

The Amendment aims to allow employers to hire fixed-term employees only for temporary needs including vacancies due to childbirth, childrearing, leave of absence or disease and injury and a specific fixed term of hiring necessary to complete specific projects or tasks.

In addition, as direct hiring of workers who perform regular tasks and reasons for using fixed-term workers need to be specified as labor standards, this Amendment entirely revises the Act on the Protection etc. of Fixed-term and Part-time Employees so that said Act provides only for matters related to the protection of part-time employees while matters related to fixed-term employees can be stipulated under the Labor Standards Act (Article 6, Article 6-2 through Article 6-11, Article 9-2, Article 9-3, etc.).

Note

This Amendment is subject to passage of the entire revision bill of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees (Bill no. 21982) proposed solely by National Assembly Member Lee Jeong-mi. In the event that said bill is not passed or passed with modification, this Amendment should be adjusted accordingly.


Major Provisions

Article 6-9 (Request, etc., for correction of discriminatory treatment by the Minister of Employment and Labor) ① In the event that employers are engaged in discriminatory treatment of employees in violation of Article 6, the Minister of Employment and Labor may demand them to rectify such discriminatory practices.

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