ACT ON THE PROTECTION, ETC. OF FIXED -TERM AND PART-TIME EMPLOYEES [See entire ACT]

CHAPTER Ⅰ General Provisions

Article 1 (Purpose)

The purpose of this Act is to promote the sound development of the labor market by redressing undue discrimination against fixed-term and part-time employees and improving their working conditions.

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Protection, etc. of Fixed-Term and Part-Time Employees and matters necessary for enforcing said Act.

Article 2 (Definitions)

Definitions of the terms used in this Act shall be as follows:

1. The term "fixed-term employee" means an employee who has signed an employment contract whose period is fixed (hereinafter referred to as "fixed-term employment contract");

2. The term "part-time employee" means a part-time employee defined in Article 2 of the Labor Standards Act;

3. The term "discriminatory treatment" means unfavorable treatment in terms of any of the following items without any justifiable grounds:

(a) Wages under Article 2 (1) 5 of the Labor Standards Act;

(b) Incentive pay on a regular basis such as regular bonuses and holiday bonuses;

(c) Performance based bonuses;

(d) Other matters concerning working conditions and welfares.

Article 3 (Scope of Application)

(1) This Act shall apply to all business or workplaces ordinarily employing at least five employees: Provided, That this Act shall not apply to business or workplaces which employ only relatives living together with their employer, nor to servants hired for domestic work.

(2) With respect to business or workplaces ordinarily employing not more than four employees, some of the provisions of this Act may apply, as prescribed by Presidential Decree.

(3) With respect to State and local government agencies, this Act shall apply regardless of the number of employees they ordinarily employ.

Enforcement Ordinance

Article 2 (Scope of Application)

The provisions of the Act that apply to a business or workplace regularly employing not more than four employees under Article 3 (2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees (hereinafter referred to as the "Act") shall be as prescribed in attached Table 1.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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