Article 1 (Purpose)

The purpose of this Act is to promote the proper operation of temporary work agency business and to establish criteria for working conditions, etc. for temporary agency workers, thereby contributing to the stability of employment, the promotion of the welfare of temporary agency workers and the efficient supply of and demand for manpower.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Enforcement Ordinance

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "temporary placement of workers" means engaging a worker employed by a temporary work agency to work for, and under the direction and supervision of, a user company in accordance with the terms and conditions of a contract on temporary placement of workers, while maintaining his/her employment relationship with the temporary work agency;

2. The term "temporary work agency business" means conducting temporary placement of workers for business purposes;

3. The term "temporary work agency" means a person engaged in temporary work agency business;

4. The term "user company" means a person for whom a temporary agency worker works under a contract on temporary placement of workers;

5. The term "temporary agency worker" means a person employed by a temporary work agency to be assigned to work for a user company;

6. The term "contract on temporary placement of workers" means an agreement prescribing temporary placement of workers between a temporary work agency and a user company;

7. The term "discriminatory treatment" means imposing unfavorable conditions on the following without just cause:

(a) A wage defined in Article 2 (1) 5 of the Labor Standards Act;

(b) A bonus provided regularly, such as a regular bonus and holiday bonus;

(c) Performance-based pay;

(d) Other matters related to working conditions, welfare, etc.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 3 (Responsibilities of Government)

In order to protect temporary agency workers and make it easy for workers to find jobs and for employers to secure manpower, the Government shall endeavor to ensure that workers are directly employed by employers by preparing and implementing the measures for the following purposes:

1. Gathering and provision of employment information;

2. Research on jobs;

3. Vocational guidance;

4. Establishment and operation of employment security offices.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 4 (Surveys and Research on Temporary Work Agency Business)

(1) The Government may, if necessary, require persons representing workers, employers, the public interest, and related experts to conduct surveys and research on major matters concerning the proper operation of temporary work agency business and the protection of temporary agency workers.

(2) Matters necessary for surveys and research provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]