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

CHAPTER Ⅴ Supplementary Provisions

Article 16 (Prohibition of Unfavorable Treatment)

No employer shall dismiss nor give any other unfavorable treatment to a fixed-term or part-time employee on the ground that he or she has conducted any of the following acts:

1. Refusing the employer's request for overtime work pursuant to Article 6 (2);

2. Filing a request for correction of discriminatory treatment pursuant to Article 9, attending and making a statement at any Labor Relations Commission pursuant to Article 10, or filing any request for retrial, or bringing an administrative lawsuit pursuant to Article 14;

3. Reporting a failure to comply with a corrective order pursuant to Article 15 (2);

4. Giving notification pursuant to Article 18.

Article 17 (Written Statement of Working Conditions)

When any employer enters into an employment contract with a fixed-term or part-time employee, it shall clearly state, in writing, each of the following matters: Provided, That subparagraph 6 shall apply only to part-time employees:

1. Matters concerning the contract period;

2. Matters concerning working hours and rest hours;

3. Matters concerning components, methods of calculation, and payment of wages;

4. Matters concerning holidays and leave;

5. Matters concerning the place of work and duties to perform;

6. Work days and working hours for each work day.

Article 18 (Notification to Regulatory Authorities)

Where any violation of this Act or an order issued under this Act occurs at business or workplace, any of its employees may notify the Minister of Employment and Labor or a labor inspector of such violation.

Article 19 (Delegation of Authority)

Part of the authority held by the Minister of Employment and Labor under this Act may be delegated to the head of a regional employment and labor office, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 5 (Delegation of Authority)

The authority of the Minister of Employment and Labor for the following shall be delegated to the head of a regional employment and labor office under Article 19 of the Act:

1. Requesting submission of a compliance report on a confirmed corrective order under Article 15 (1) of the Act (including where it applies mutatis mutandis under Articles 15-2 (4) and 15-3 (2) of the Act);

2. Receiving reporting for non-compliance with a confirmed corrective order under Article 15 (2) of the Act (including where it applies mutatis mutandis under Articles 15-2 (4) and 15-3 (2) of the Act);

2-2. Requesting rectification of discriminatory treatment under Articles 15-2 (1) and 15-3 (1) of the Act and notification and notice of discriminatory treatment under Article 15-2 (2) (including where it applies mutatis mutandis under Article 15-3 (2) of the Act);

3. Imposing and collecting administrative fines under Article 24 of the Act.

Article 20 (Efforts by State to Promote Employment)

The State and local governments shall endeavor to take necessary measures to promote the employment of fixed-term and part-time employees on a preferential basis, such as providing employment information, vocational guidance, job placement services, and workplace skill development services.

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

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